Final Or Temporary Order On Petition To Enforce Order Of Custody Or Visitation {UCCJEA-13}

DRL Art. 5-A Form UCCJEA-13 (Order on Petition to Enforce Custody or Visitation Order ­ UCCJEA), (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 to Enforce a Custody Visitation Order under the Uniform Child Custody Jurisdiction and Enforcement Act Docket No. FINAL ORDER TEMPORARY ORDER ORDER ON PETITION TO ENFORCE ORDER OF CUSTODY VISITATION ­ UCCJEA Petitioner -againstRespondent ....................................................................................... The Petitioner herein having filed a petition on [specify date]: , pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act [Domestic Relations Law Art. 5-A], requesting an order enforcing an order of custody visitation of the following minor children [list each child as follows]: Name of Child: Date of Birth: Address1 ; and Respondent having appeared before this Court, either in person or by telephone, audiovisual means or other electronic means, to answer the petition, having been advised by the Court of the right to counsel, and Respondent having admitted denied the allegations of the petition; and [Applicable where the judgment or order had been entered in conjunction with a New York child protective dispositional or permanency hearing order directing custody with a relative or other non-parent, pursuant to Family Court Act §1055-b or §1089-a; delete if inapplicable]: And since the judgment order was issued in conjunction with the following child Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Domestic Relations Law §§76-h(5), 254; Form 21 (available at www.nycourts.gov). 1 American LegalNet, Inc. www.FormsWorkFlow.com Form UCCJEA-13 Page 2 protective or permanency proceeding [specify Family Court, county and docket #]: and provided that the following local department of social services [specify]: and the following attorney for the child(ren)[specify]: must be notified and made parties to any subsequent proceedings for enforcement of the judgment or order: the department of social services was so notified and did did not appear; and the attorney for the children was so notified and did did not appear; [Required in cases involving Native-American children, where government agency is a party; check if applicable]: And the following having been duly notified [check applicable box(es)]: parent/custodian tribe/nation United States Secretary of the Interior; And the tribe/nation having: appeared and participated as a party; appeared and declined to assume jurisdiction; appeared and requested transfer of jurisdiction; not appeared; [Check applicable box(es)]: And the Court having searched the statewide registry of orders of protection, the sex offender registry and the Family Court's warrant and 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; if no results found, so indicate]: [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]: American LegalNet, Inc. www.FormsWorkFlow.com Form UCCJEA-13 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 proofs and testimony offered in relation thereto; it is hereby Page 3 ADJUDGED that [check applicable box(es)]: 1. This Court has does not have jurisdiction to enforce the child custody or visitation order issued by [specify state or other jurisdiction, index or docket number and date]: 2. That order [check applicable box(es)]: a. had had not been stayed, vacated or modified prior to this proceeding. b. has has not been registered in New York State. 3.[Check box if temporary, emergency order issued]: This Court has jurisdiction to issue an order to enforce the afore-mentioned child custody or visitation order on a temporary, emergency basis, pursuant to Domestic Relations Law §76-c because the child is presently in this State and [check one or both boxes]: the child has been abandoned; and/or it is necessary in an emergency to protect the child, a sibling or parent of the child. 4. Respondent [check applicable box]: violated the order of custody or visitation by the following acts [specify]: did not violate the order. 5. Petitioner incurred the following attorneys' fees and expenses in prosecuting this action [specify]: IT IS HEREBY ORDERED that [check applicable box]: The Petition to Enforce is GRANTED and the order of custody or visitation shall be enforced as follows [specify]: OR The Petition to Enforce is GRANTED solely on a temporary, emergency basis as follows [specify]: This temporary, emergency order shall remain in effect until an order is obtained from another court having jurisdiction to enforce the order of custody or visitation pursuant to Title 3 of Article 5-A of the Domestic Relations Law. This temporary, emergency order shall b