New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

Article 9 - Part 2 - Family Court

PROCEDURE

Section Description
921 Originating proceeding.
922 Preliminary procedure.
923 Referral to voluntary agency.
924 Attendance at conference.
925 Continuation of proceeding.
926 Duration of proceeding.
  S 921. Originating proceeding. A spouse may originate a conciliation
  proceeding under this article by filing a petition stating that  his  or
  her  marriage is in difficulty and that the conciliation services of the
  family court are needed.

  S 922. Preliminary procedure. The probation service is authorized to
  confer  with  a  potential  petitioner  and  may  invite  the  potential
  petitioner's  spouse  and  any  other  interested  person to attend such
  conferences as appear to be advisable in conciliating the  spouses.  The
  probation  service  is also authorized after the filing of a petition to
  confer with the petitioner and to  invite  the  petitioner's  spouse  to
  attend  such  conferences  as appear to be advisable in conciliating the
  spouses.

  S 923. Referral  to  voluntary agency. (a) The probation service may
  recommend to the petitioner and to the  petitioner's  spouse  that  they
  consult  with  interested  voluntary social or religious agencies in the
  community. If they consent, the service may thereupon refer them to  any
  such interested voluntary agency.
    (b)  The  probation  service  may  not  prevent any person from having
  access to the court for the purpose of having  conciliation  proceedings
  under this article.

  S 924. Attendance at conference. If the petitioner's spouse does not
  attend a conference to which he or she has been invited after the filing
  of a petition under section nine hundred twenty-one, the petitioner  may
  apply  to  the  court  for an order directing the petitioner's spouse to
  attend a  conciliation  conference.    The  court  may  enter  an  order
  directing  the  petitioner's  spouse to appear in court on not less than
  five days' notice and, if the court concludes after hearing that it will
  serve  the  purposes  of  this  article  to  require  attendance  at   a
  conference, may direct the petitioner's spouse to attend a conference.

  S 925. Continuation of proceeding. If the petitioner's spouse attends
  a conference to which he or she has  been  invited  under  section  nine
  hundred  twenty-two  or  has  been directed to attend under section nine
  hundred twenty-four and thereafter  does  not  attend  any  conciliation
  conference, the court, on due notice to both spouses, may hold a hearing
  to determine whether the proceeding should be continued. If it concludes
  that  conciliation  under  the  auspices  of  the  family  court  is not
  feasible, it may refer the parties to  interested  voluntary  social  or
  religious  agencies  in the community and shall terminate the proceeding
  under this article. If it concludes that further efforts at conciliation
  under this article should be undertaken, it may direct  the  spouses  to
  attend another conciliation conference.

  S 926. Duration  of  proceeding.  Unless both spouses consent to the
  continuation  of  a  conciliation  proceeding  under  this  article,  it
  terminates ninety days after the filing of the petition.

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