F.C.A. §§ 652 General Form GF-41 (Petition for Enforcement of Order of Custody or Visitation Made by Supreme Court or Family Court)1 3/2009 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ....................................................................................... In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act Docket No. Petitioner, PETITION FOR ENFORCEMENT OF ORDER OF “ Custody “ Visitation MADE BY “ FAMILY COURT “ SUPREME COURT -againstRespondent ....................................................................................... “ WARNING: THE PURPOSE OF THE HEARING REQUESTED IN THIS PETITION IS TO PUNISH [specify NAME]: FOR CONTEMPT OF COURT, WHICH MAY INCLUDE SANCTIONS OF A FINE OR IMPRISONMENT OR BOTH. YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. TO THE FAMILY COURT: The undersigned Petitioner respectfully shows that: 1. I am [specify relationship to child(ren)]: of [specify child(ren)’s name(s)]: I am seeking to enforce an order of [check applicable box(es)]: “ custody “ visitation. 2. The home addresses of the Petitioner and Respondent are as follows:2 Petitioner: Respondent: 3. Petitioner is 1 and was the in an action filed in If the order was entered by a Court outside New York State or a tribal court, use Form UCCJEA-11. 2 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; Form 21 (available at www.nycourts.gov). American LegalNet, Inc. www.FormsWorkflow.com General Form GF-41 “ Supreme Court of the State of New York, “ Family Court of the State of New York, entitled Page 2 County, Index No. [specify]: County, Docket No. [specify]: 4. [Applicable when Petitioner and/or Respondent are on active duty or have recently returned from active military service; DELETE if inapplicable]: a. Petitioner [check applicable box]: Q is on active duty, deployed or temporarily assigned to military service as follows [specify type of service, military branch or National Guard unit, anticipated dates and location of duty and how duty is likely to affect custody or visitation, if at all]:3 Q returned from active duty, deployment or temporarily assignment to military service as follows [specify date of return, type of service, military branch or National Guard unit, anticipated dates and location of duty and how return from active duty is likely to affect custody or visitation, if at all]: b. Respondent [check applicable box]: Q is on active duty, deployed or temporarily assigned to military service as follows [specify type of service, military branch or National Guard unit, anticipated dates and location of duty and how duty is likely to affect custody or visitation, if at all]:4 Q returned from active duty, deployment or temporarily assignment to military service as follows [specify date of return, type of service, military branch or National Guard unit, anticipated dates and location of duty and how return from active duty is likely to affect custody or visitation, if at all]: 5. a. A Gjudgment Gorder, dated the GRespondent GPetitioner to [specify terms]: , was entered in the action directing . A true copy of the Gjudgment Gorder is attached and made a part of this Petition. b. [Applicable where the judgment or order had been entered in conjunction with a 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]: (i) The Gjudgment Gorder was issued in conjunction with the following child protective or permanency proceeding [specify Family Court, county and docket #]: (ii) The Gjudgment Gorder provided that the following local department of social services [specify]: and the following attorney for the child(ren)[specify]: 3 Inapplicable if Petitioner is based at a permanent duty station or has had a permanent reassignment of station. 4 Inapplicable if Respondent is based at a permanent duty station or has had a permanent reassignment of station. American LegalNet, Inc. www.FormsWorkflow.com General Form GF-41 Page 3 must be notified and shall be made parties to any subsequent proceedings for modification, enforcement or termination of the judgment or order. Name 6.The names, addresses and dates of birth of all children affected by this order are: Address5 Date of Birth 7. [Applicable where Order or judgment had been issued by Supreme Court; delete if inapplicable]: Under the terms of the Gjudgment Gorder , the G Supreme Court G Family Court G has G has not retained exclusive jurisdiction to enforce the Gjudgment Gorder . 8. (Upon information and belief) Respondent has failed to comply with the terms of the G judgment G order in that [specify provision(s) alleged to be violated and nature of violation(s)]: . 9. No previous application has been made to any Court or judge for the relief requested in this Petition (except [specify]: WHEREFORE, Petitioner respectfully requests that the Gjudgment Gorder of the GSupreme Court G Family Court, dated , be enforced in accordance with Article 6 of the Family Court Act and for such other relief as the Court may deem just and proper. Dated: ____________________________ Petitioner ____________________________ Print or type name ____________________________ Signature of Attorney, if any ____________________________ Attorney’s Name (Print or Type) ____________________________ ____________________________ Attorney’s Address and Telephone Number 5 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; Form 21 (available at www.nycourts.gov). American LegalNet, Inc. www.FormsWorkflow.com General Form GF-41 Page 4 VERIFICATION STATE OF NEW YORK COUNTY OF ) :ss: ) being duly sworn, says that (s)he is the Petitioner in the above-named proceeding and that the foregoing petition is true to (his)(her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters (s)he believes it to be true. __________________________ Petitioner Sworn to before me this day of (Deputy) Clerk of the Court Notary Public American LegalNet, Inc. www.FormsWorkflow.com