Title FCT, Family Court

§ 1116. Printed case and brief not required. In appeals under this\narticle, a printed case on appeal or a printed brief shall not be\nrequired.\n

§ 1117. Costs. When costs and disbursements on an appeal in a\nproceeding instituted by a social services official are awarded to the\nrespondent, they shall be a county charge and be paid by the county.\n

§ 1118. Applicability of civil practice law and rules. The provisions\nof the civil practice law and rules apply where appropriate to appeals\nunder this article, provided, however, that the fees required by section\neight thousand twenty-two of the civil practice law and rules …

§ 1119. Effective date. This act shall take effect September first,\nnineteen hundred sixty-two.\n

§ 112. Applicability. The family court act applies in all counties of\nthe state of New York.\n

§ 1120. Counsel for parties and children on appeal. (a) Upon an\nappeal in a proceeding under this act, the appellate division to which\nsuch appeal is taken, or is sought to be taken, shall assign counsel to\nany person upon a showing that such person is one of the persons\ndes…

§ 1121. Special procedures. 1. Consistent with the provisions of\nsections 354.2, seven hundred sixty and one thousand fifty-two-b of this\nact the provisions of this section shall apply to appeals taken from\norders issued pursuant to articles three, seven, ten and ten-A and pa…

§ 1122. Filing of papers on appeal to the appellate division by\nelectronic means. Notwithstanding any other provision of law, the\nappellate division in each judicial department may promulgate rules\nauthorizing a program in the use of electronic means for the taking and\nperfe…

§ 113. Establishment of court. The family court of the state of New\nYork is established in each county of the state as part of the unified\ncourt system for the state.\n

§ 114. "Exclusive original jurisdiction". When used in this act,\n"exclusive original jurisdiction" means that the proceedings over which\nthe family court is given such jurisdiction must be originated in the\nfamily court in the manner prescribed by this act. The provisions of\…

§ 115. Jurisdiction of family court. (a) The family court has\nexclusive original jurisdiction over\n (i) abuse and neglect proceedings, as set forth in article ten;\n (ii) support proceedings, as set forth in article four;\n (iii) proceedings to determine paternity and for the …

§ 116. Religion of custodial persons and agencies. (a) Whenever a\nchild is remanded or committed by the court to any duly authorized\nassociation, agency, society or institution, other than an institution\nsupported and controlled by the state or a subdivision thereof, such\nco…

§ 117. Parts of court. (a) There is hereby established in the family\ncourt a "child abuse part". Such part shall be held separate from all\nother proceedings of the court, and shall have jurisdiction over all\nproceedings in the family court involving abused children, and shall…

§ 118. Seal. The seal of the family court consists of an engraving of\nthe arms of the state of New York and the words "Family Court of the\nState of New York" followed by the name of the county in which the\nfamily court using the seal is located.\n

§ 119. Definitions. When used in this act and unless the specific\ncontext indicates otherwise:\n (a) "Duly authorized association, agency, society or institution"\nmeans any institution supported or controlled by the state or by a\nsubdivision thereof; any social services offic…

§ 120. Expenses of the court. (a) All salaries of the judicial and\nnon-judicial personnel of the court and all other expenses of the court\nwhatsoever, except as provided in subdivision (b), shall within the city\nof New York, be a city charge and in the counties outside the ci…

§ 121. Number of judges. The family court within the city of New York\nshall consist of sixty-seven judges, effective January first, two\nthousand twenty-five. There shall be at least one family court judge\nresident in each county of the city of New York.\n

§ 1211. Separability. If any provision of this act or the application\nthereof to any person or circumstances is held to be invalid, the\nremainder of the act and the application of such provision to other\npersons or circumstances shall not be affected thereby.\n

§ 122. Continuance in office. The justices of the domestic relations\ncourt of the city of New York in office on the effective date of this\nact, shall for the remainder of the term of their appointment continue\nin office as judges of the family court in the county within the c…

§ 123. Appointment by mayor. The mayor of the city of New York shall\nappoint the judges of the family court in counties within the city of\nNew York for a term of ten years.\n

§ 124. Eligibility for appointment. No person, other than one who\nholds such office at the effective date of this act, may assume the\noffice of judge of the family court within the city of New York unless\nhe has been admitted to practice law in this state at least ten years\n…

§ 126. Vacancies. When a vacancy occurs, otherwise than by expiration\nof term on the last day of any year, in the office of judge of the\nfamily court in a county within the city of New York, the vacancy shall\nbe filled by appointment of the mayor of the city of New York for t…

§ 131. Number of judges. The number of judges of the family court for\neach county outside the city of New York shall be as follows:\n (a) in each county in which there was a separate office or offices of\njudge of the children's court authorized by law on the thirty-first day\n…

§ 132. Continuance in office. The special county judges of the\ncounties of Broome, Chautauqua, Jefferson, Oneida and Rockland and the\njudges of the children's courts in all counties outside the city of New\nYork in office at midnight on August thirty-first, nineteen hundred\ns…

§ 133. Vacancies. When a vacancy occurs, otherwise than by expiration\nof term, in the office of judge of the family court in a county not\nwithin the city of New York, the vacancy shall be filled for a full term\nat the next general election held not less than three months afte…

§ 134. Eligibility for office. No person, other than one who holds\nsuch office on the effective date of this act may serve in the office of\njudge of the family court unless he or she has been admitted to practice\nlaw in the state of New York for at least ten years as of the d…

§ 135. Term of office. The term of office of a judge elected to the\nfamily court in a county outside the city of New York is ten years.\n

§ 137. County judge designated as family court judge. In each county\nreferred to in subdivisions (b) and (c) of section one hundred\nthirty-one of this act in which there is more than one county judge, the\nappellate division of the supreme court of the judicial department in\n…

§ 138. Additional compensation for designated judge. Any additional\ncompensation for a judge designated under section one hundred\nthirty-seven to act and discharge the duties of family court judge shall\nbe as provided by law.\n

§ 141. Findings. This act defines the conditions on which the family\ncourt may intervene in the life of a child, parent and spouse. Once\nthese conditions are satisfied, the court is given a wide range of\npowers for dealing with the complexities of family life so that its\nact…

§ 142. Authority to visit school or institution. Judges of the family\ncourt may officially visit any school or institution to which any person\nwithin the jurisdiction of the court of which he is an officer may be\nremanded or committed, and the authorities responsible for payi…

§ 143. Authority to attend meetings of association. Judges discharging\nthe duties of family court judge may attend conferences and meetings of\nthe association of judges of the family court, and the fiscal\nauthorities responsible for paying their respective salaries are\nautho…

§ 144. Activity in community organizations. Any judge discharging the\nduties of family court judge is authorized to serve as an officer or\nmember of the governing body of any corporation or association organized\nand maintained exclusively for religious, charitable, benevolent…

§ 145. Liability of judge. Any family court judge who in good faith\nissues process in any proceeding under this act shall not be liable\ntherefor unless it is shown that his action in so doing was malicious or\na deliberate abuse of his discretion.\n

§ 146. Temporary assignment of judges. Nothing in this act is intended\nto prevent the temporary assignment of family court judges by the\nappropriate administrative judge to counties other than the one to which\nthey were elected or appointed for the purpose of meeting a tempor…

§ 151. Judges as magistrates. Judges of the family court are\nmagistrates.\n

§ 152. Power to administer oaths. (a) Each family court judge may\nadminister oaths and take acknowledgments, and may designate an official\nof his court so to do.\n (b) In conducting a hearing under this act, a judge may dispense with\nthe formality of placing a minor under oat…

§ 153. Subpoena, warrant and other process to compel attendance. The\nfamily court may issue a subpoena or in a proper case a warrant or other\nprocess to secure or compel the attendance of an adult respondent or\nchild or any other person whose testimony or presence at a hearin…

§ 153-a. Warrant of arrest; when and how executed. (a) A warrant of\narrest may be executed on any day of the week, and at any hour of the\nday or night.\n (b) Unless encountering physical resistance, flight or other factors\nrendering normal procedure impractical, the arresting…

§ 153-b. Service of process request for order of protection. Whenever\na petitioner requests an order of protection or temporary order of\nprotection or files for an extension of such order or a petition or\nmotion for modification or a violation of such an order under any\narti…

§ 153-c. Temporary order of protection. (a) Any person appearing at\nfamily court when the court is open requesting a temporary order of\nprotection under any article of this act shall be entitled to file a\npetition without delay on the same day such person first appears at the…

§ 154. State-wide process. (a) The family court may send process or\nother mandates in any matter in which it has jurisdiction into any\ncounty of the state for service or execution in like manner and with the\nsame force and effect as similar process or mandates of county court…

§ 154-a. Service of petition. In every proceeding in family court, a\ncopy of the petition filed therein shall be served upon the respondent\nat the time of service of process or, if that is not practicable, at the\nfirst court appearance by respondent.\n

§ 154-b. Order of protection; answer and counter-claims;\nconfidentiality of address. 1. In every proceeding under articles four,\nfive, six and eight of this act in which an order of protection is\nrequested, the respondent may file with the court an answer to the\npetition and…

§ 154-c. Orders of protection; procedural requirements. 1. Expiration\ndates. Any order of protection or temporary order of protection issued\nunder articles three, four, five, six, seven, eight, ten and ten-A of\nthis act shall plainly state the date that such order expires.\n …

§ 154-d. Emergency powers; local criminal courts. 1. Issuance of\ntemporary orders of protection. Upon the request of the petitioner, a\nlocal criminal court may on an ex parte basis issue a temporary order of\nprotection pending a hearing in family court, provided that a sworn\…

§ 154-e. Orders of protection; filing and enforcement of out-of-state\norders. A valid order of protection or temporary order of protection\nissued by a court of competent jurisdiction in another state,\nterritorial or tribal jurisdiction shall be accorded full faith and\ncredit…

§ 155. Arrested adult. 1. If an adult respondent is arrested under\nthis act when the family court is not in session, he or she shall be\ntaken to the most accessible magistrate and arraigned. The production of\na warrant issued by the family court, a certificate of warrant, a c…

§ 155-a. Admission to bail. A desk officer in charge at a police\nstation, county jail or police headquarters, or any of his or her\nsuperior officers, may, in such place, take cash bail for his or her\nappearance before the appropriate court the next morning from any person\nar…

§ 156. Contempts. The provisions of the judiciary law relating to\ncivil and criminal contempts shall apply to the family court in any\nproceeding in which it has jurisdiction under this act or any other law,\nand a violation of an order of the family court in any such proceedin…