Order On Petition To Enforce Order Of Custody Or Visitation Made By Family Or Supreme Court {GF-41a}

F.C.A. §652; D.R.L. §240 General Form 41a (Order on Petition to Enforce Order of Custody or Visitation Made by Family or Supreme Court)1 8/2010 At a term of the Family Court of the State of New York, held in and for the County of , at New York, on , . PRESENT: Hon. Judge ............................................................................ In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act Act Petitioner, Docket No. -against- FINAL ORDER TEMPORARY ORDER ON PETITION FOR ENFORCEMENT OF ORDER OF Custody Visitation MADE BY FAMILY COURT SUPREME COURT Respondent ....................................................................................... NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL CONTEMPT. The above-named Petitioner having filed a petition in this Court seeking to enforce a judgment order, dated , , granting custody visitation, made by the Supreme Court of the State of New York, County, Index No. Family Court of of the State of New York, County, Docket No. And the name(s) and date(s) of birth of the child(ren) involved are: NAME DATE OF BIRTH And the Respondent having: appeared with counsel without counsel not appeared not appeared, but counsel appeared; [Applicable where Order had been made by Supreme Court]: And the Court having found 1 If the order was entered by a Court outside New York State or by a tribal court, use Form UCCJEA-13. American LegalNet, Inc. www.FormsWorkFlow.com General Form GF-41a Page 2 that under the terms of the judgment order of the Supreme Court, the Supreme Court has not retained exclusive jurisdiction to modify the judgment order; And the Court having searched the statewide registry of orders of protection, the sex offender registry and the Family Court's child protective records, and having notified the attorneys for the parties and for the child [check if applicable]: and the following self-represented party or parties [specify]: of the results of these searches; And the Court having considered and relied upon the following results of these searches in making this decision [specify]: [Applicable to TEMPORARY orders only]: And the Court, having dispensed with the search of the statewide registry of orders of protection, the sex offender registry and the Family Court's warrant and child protective records because these databases had been reviewed within the past 90 days; [Applicable where a party had made an allegation of domestic violence or child abuse; findings must be stated on the record, included in a written decision OR included in this order; check applicable box]: And the Court having explained its findings on alleged domestic violence or child abuse on the record; And the Court having issued a written decision containing its findings on alleged domestic violence or child abuse; And the Court having found that the allegation that [specify party]: had committed domestic violence or child abuse against [specify party or child(ren)]: was was not proven by a preponderance of the evidence, and having considered the effect of such domestic violence or child abuse upon the best interests of the child(ren) and relevant facts and circumstances as follows in making this order [specify how findings, facts and circumstances were factored into this Order]: And the matter having duly come on to be heard before this Court; NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proof and testimony, it is hereby ADJUDGED that the petition has not been sustained and is dismissed; OR ADJUDGED that the Respondent failed to comply with the judgment was was not willful; order, and that such failure NOW, therefore, it is hereby ORDERED that the judgment order of custody visitation dated , is hereby enforced as follows [specify]: : and it is further ORDERED that Respondent pay counsel fees in the amount of $ to , attorney for the Petitioner , attorney for , a person acting on behalf of the American LegalNet, Inc. www.FormsWorkFlow.com General Form GF-41a child(ren); and it is further Page 3 [Applicable to cases involving a party or parties in the military; delete if inapplicable]: ORDERED that, since Petitioner Respondent is on active duty, deployed or temporarily assigned to military service and since such service affects such party's ability to act as a joint or primary custodian of the child(ren), the return of such party from such active duty shall constitute a substantial change of circumstances sufficient to entitle such party to a review of this Order for possible modification if in the child(ren)'s best interests, unless the parties and child(ren)'s attorney have otherwise stipulated or agreed; and it is further ORDERED that during the period of active military service, deployment or temporary assignment, the party on such duty shall be permitted the following contact and visitation with the child [specify, including electronic communication and visitation during military leaves]: ; and it is further [Applicable to cases where hearing on the underlying custody petition was consolidated with child protective dispositional or permanency hearing, pursuant to F.C.A. §§1055-b or 1089-a; delete if inapplicable]: ORDERED that the following local department of social services [specify]: and the following attorney for the child(ren)[specify]: shall be notified and shall be made parties to any subsequent proceedings for modification, enforcement or termination of the Order; [Applicable to temporary orders]: This Order shall expire [check applicable box]: on the following date [specify]: upon issuance of a further or final order in this case. AND IT IS FURTHER ORDERED that [specify]: Dated: , ENTER _____________________________________ Judge of the Family Court PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Check applicable box: G Order mailed on [specify date(s) and to whom mailed ]:___________________________ G Order received in court on [specify date(s) and to whom given]:____________________ American LegalNet, Inc. www.FormsWorkFlow.com