New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
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