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Family Court Law

Consolidated Laws of NY's FCA code

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Part 7 - Article 1 - Family Court

PROCEEDING IN COUNTIES OTHER THAN ORIGINAL COUNTY

Section Description
171 Enforcement or modification of orders in other county.
172 Commencement of enforcement and modification proceedings in other county.
173 Transfer of papers to other county.
174 Transfer of proceedings to another county.
175 Violation of probation in other county.
176 Inter-county probation.
  S 171. Enforcement or modification of orders in other county. Except
  for proceedings for enforcement or modification of an order of probation
  in cases brought under article three or seven of this act,  which  shall
  be  subject  to  the  terms  of  subdivision  two of section one hundred
  seventy-six of this part, a lawful order of  the  family  court  in  any
  county may be enforced or modified in that county or in the family court
  in  any other county in which the party affected by the order resides or
  is found.

  S 172. Commencement  of  enforcement and modification proceedings in
  other county. An enforcement or modification proceeding commenced in the
  family court in a county other than that in which the order was made  is
  commenced  by  a  petition  alleging  that fact in addition to the facts
  required under this act  for  enforcement  or  modification  orders.  An
  original  or  certified  copy  of  the  order  sought  to be enforced or
  modified shall be attached to the petition.

  S 173. Transfer  of  papers  to other county. If the family court in
  which an enforcement or modification proceeding is  brought  under  this
  article  does  not transfer it under section one hundred seventy-four of
  this part, it shall advise the family court that issued the order sought
  to be enforced or modified of the commencement of such  proceedings  and
  shall request that court to forward to it by electronic or other means a
  copy  of all or any of the papers with respect to the order sought to be
  enforced or modified. The requested court shall  forthwith  comply  with
  the request.

  S 174. Transfer of proceedings to another county. The family court in
  a county may for good cause transfer a proceeding to a family  court  in
  any  other  county  where  the proceeding might have been originated and
  shall transfer a proceeding laying venue in the wrong county to a family
  court in any county where the proceeding might have been originated.

  S 175. Violation  of  probation  in  other  county. Except for cases
  brought under articles three and  seven  of  this  act  which  shall  be
  subject  to  the  terms  of  subdivision  two  of  section  one  hundred
  seventy-six of this part, if an act  or  omission  which  constitutes  a
  violation  of  the terms of probation allegedly occurs in a county other
  than the one in which the order of probation was made, the family  court
  in  either county may hear the allegation of a violation of the terms of
  probation and proceed in accordance with the provisions of this act.

  S 176. Inter-county probation. 1. Transfer of probation supervision.
  Where a person placed  on  probation  resides  in  another  jurisdiction
  within  the  state  at  the time of the order of disposition, the family
  court which placed him or her on probation may,  and,  in  the  case  of
  orders  of  probation  issued  under article three or seven of this act,
  shall transfer probation supervision to the probation department in  the
  jurisdiction  in  which  the  person  resides.  Where, after a probation
  disposition  is  pronounced,  a   probationer   relocates   to   another
  jurisdiction  within the state, the family court which placed him or her
  on probation may, and, in the case of orders of probation  issued  under
  article three or seven of this act, shall transfer probation supervision
  to the probation department in the jurisdiction of the probationer's new
  residence.  Upon  completion  of  a transfer of probation supervision as
  authorized pursuant to this subdivision, the probation department in the
  receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
  probation  department  in  the  jurisdiction  of  the family court which
  placed the probationer on probation. Any transfer under this subdivision
  must be in accordance with rules adopted  by  the  commissioner  of  the
  division of criminal justice services.
    2.  For  all  cases  brought under article three or seven of this act,
  where probation supervision has been transferred under  subdivision  one
  of  this  section,  the family court in the receiving jurisdiction shall
  hear any proceedings to enforce or modify the order of probation, unless
  the receiving family court determines that there is good cause to return
  the proceeding to the sending family court for  adjudication,  in  which
  case  the  proceeding  shall be returned to the sending family court for
  adjudication.
    3. For the purpose of this section, "jurisdiction" shall mean a county
  or the city of New York.

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