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Order For Service Of Notice Of Proceeding Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Order For Service Of Notice Of Proceeding, UCCJEA-5, New York Statewide, Family Court
DRL §75-g
Form UCCJEA-5
(Order for Service of
Notice of Proceeding–
UCCJEA)
(8/2010)
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF
................................................................................................
In the Matter of a Proceeding for
☐ Custody ☐ Visitation under the
Uniform Child Custody Jurisdiction and
Enforcement Act
Docket No.
ORDER FOR SERVICE
OF NOTICE OF
PROCEEDING – UCCJEA
Petitioner
- against
Respondent.
................................................................................................
A petition having been filed in this Court under the Uniform Child Custody Jurisdiction
and Enforcement Act [Domestic Relations Law Art. 5-A], concerning the ☐ custody ☐ visitation
of the following child(ren):
Name(s) of Child(ren)
Date(s) of Birth
And it appearing that [specify]:
cannot be
personally served with notice of this proceeding within the State of New York, and
It further appearing that the [specify]:
is a parent
or person acting as a parent who is entitled to notice of this proceeding pursuant to section 75a(12) or 75-a(13) of the Domestic Relations Law, it is
ORDERED, that notice of this proceeding, together with a copy of the petition filed in
this Court, shall be served upon [specify]:
[Check applicable box]:
☐ by personal delivery outside the state in the manner prescribed in section 313 of the Civil
Practice Law and Rules;
☐ by certified mail, return receipt requested;
☐ by [specify]:
; and it is further
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Form UCCJEA-5 Page 2
ORDERED, that such service shall be completed [check applicable box]:
☐ at least twenty (20) days prior to any hearing held in the State of New York
☐ not later than [specify]:
; and it is further
ORDERED that [specify]:
.
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.
Dated:
ENTER
Judge of the Family Court.
Check applicable box:
❏ Order mailed on [specify date(s) and to whom mailed]:_______________________
❏ Order received in court on [specify date(s) and to whom given]:_________________
INSTRUCTIONS REGARDING SERVICE
Service of a copy of this Order to Show Cause, together with the papers upon which
it is granted, by personal delivery requires delivery to the Respondent(s) by a person over the age
of 18, who is not the Petitioner or any other party to the action, or by an attorney or other person
authorized in the Respondents’ State to serve papers. Personal delivery may also be made to a
“person of suitable age and discretion” at the actual or “usual” residence or actual place of
business, in which case the Order to Show Cause and papers must also be mailed by First Class
mail to the Respondent(s)’ last known residence or (in an envelope marked “personal and
confidential”) to the Respondent(s)’ actual place of business. An affidavit of service, sworn to by
the person who served the documents, must be filed with this Court that describes the date, time
and place of service and identifies the person to whom service was made. If service by mail is
authorized by this Order, service must be by certified mail with a return receipt requested. A
return receipt signed by the addressee, an affidavit of service or other proof of service authorized
in the Respondents’ State must be filed with this Court. See Domestic Relations Law §75-g;
Civil Practice Law and Rules 308, 313.
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