DRL Art. 5-A Form UCCJEA-13 (Order on Petition to Enforce Custody or Visitation Order – UCCJEA), (3/2009) 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 Petitioner Docket No. ORDER ON PETITION TO ENFORCE ORDER OF “ CUSTODY “ VISITATION – UCCJEA -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 Gjudgment Gorder was issued in conjunction with the following child protective or permanency proceeding [specify Family Court, county and docket #]: 1 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). American LegalNet, Inc. www.FormsWorkflow.com Form UCCJEA-13 Page 2 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 G did G did not appear; and the attorney for the children was so notified and G did G 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; 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 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]: American LegalNet, Inc. www.FormsWorkflow.com Form UCCJEA-13 Page 3 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 become final if this State becomes the home state of the child(ren) and if no child custody proceeding is commenced in a state having jurisdiction to enforce the order of custody or visitation pursuant to Title 3 of Article 5-A of the Domestic Relations Law. [Check box if applicable]: “ Because the child(ren) is/are in imminent risk of harm, this order shall remain in effect until another court having jurisdiction to enforce the order of custody or visitation has taken steps to assure the protection of the child(ren). OR “ The Petition to Enforce is DENIED and is hereby dismissed. This dismissal is without prejudice to any remedies, if any, that Petitioner may have in another State or other jurisdiction. ; and it is further [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), this Order is to be deemed temporary so as to entitle either party upon request to reopen these proceedings upon the completion of the period of active military service, deployment or temporary assignment for the court to determine whether a change in circumstances has occurred sufficient to support modification of this Order; 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 enforcement petition was consolidated with child protective dispositional or permanency hearing, pursuant to F.C.A. §§1055-b or 1089-a; delete if American LegalNet, Inc. www.FormsWorkflow.com Form UCCJEA-13 Page 4 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; and it is further ORDERED that the Respondent pay the Petitioner the following fees and costs in connection with this proceeding [specify]: (; and it is further) [Applicable in cases involving Native-American child(ren) where government agency is a party; check box, if applicable]: “ ORDERED that the following should be notified of this proceeding [specify]: the “ custodian of the child; “ tribe/nation; “ United States Secretary of the Interior “ ORDERED that in light of the assumption of jurisdiction by the tribe/nation, this petition is DISMISSED WITHOUT PREJUDICE (; and it is further) ORDERED that ENTER _____________________________________ Judge of the Family Court Dated: , . 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 LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. Check applicable box: 9 Order mailed on [specify date(s) and to whom mailed ]:___________________________ 9 Order received in court on [specify date(s) and to whom given]:_____________________ American LegalNet, Inc. www.FormsWorkflow.com