Title FCT, Family Court

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

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

§ 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, nineteen hundred sixty-two.

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

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

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

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

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

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

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

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

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

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

§ 119. Definitions. When used in this act and unless the specific context indicates otherwise: (a) "Duly authorized association, agency, society or institution" means any institution supported or controlled by the state or by a subdivision thereof; any social services official o…

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

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

§ 1211. Separability. If any provision of this act or the application thereof to any person or circumstances is held to be invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 151. Judges as magistrates. Judges of the family court are magistrates.

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

§ 153. Subpoena, warrant and other process to compel attendance. The family court may issue a subpoena or in a proper case a warrant or other process to secure or compel the attendance of an adult respondent or child or any other person whose testimony or presence at a hearing o…

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

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

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

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

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

§ 154-b. Order of protection; answer and counter-claims; confidentiality of address. 1. In every proceeding under articles four, five, six and eight of this act in which an order of protection is requested, the respondent may file with the court an answer to the petition and a c…

§ 154-c. Orders of protection; procedural requirements. 1. Expiration dates. Any order of protection or temporary order of protection issued under articles three, four, five, six, seven, eight, ten and ten-A of this act shall plainly state the date that such order expires. 2. Mo…

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

§ 154-e. Orders of protection; filing and enforcement of out-of-state orders. A valid order of protection or temporary order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction shall be accorded full faith and credit and…

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

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

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