DRL Art. 5-A |
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Form UCCJEA 4-a |
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(Order to Show Cause – UCCJEA) |
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9/2009 |
FAMILY COURT OF THE STATE OF NEW YORK |
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COUNTY OF |
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In the Matter of a Proceeding under the |
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Uniform Child Custody Jurisdiction and |
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Enforcement Act [Article 5-A of the |
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Domestic Relations Law] |
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Docket No. |
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Petitioner |
ORDER TO SHOW CAUSE – UCCJEA |
against |
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Respondent |
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Upon the petition of [specify]: |
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verified on [specify date]: |
attached to this Order, and pursuant to Domestic Relations Law §§ 75-g, 76-d, 77-g and 77-h, |
IT IS HEREBY ORDERED that [specify]: |
show cause before a term of this |
Family Court, Part |
, |
to be held in the courthouse located at |
New |
York, on the |
day of |
, , at |
o'clock in the |
noon of that day, or as soon |
thereafter as the parties and/or their attorneys can be heard, why an Order should not be made and |
entered, as requested in the annexed petition, |
awarding |
modifying |
enforcing custody or |
visitation regarding the following child(ren) named in the petition: |
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Name(s) |
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Date(s) of Birth |
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and why such other and further relief should not be granted as the Court may determine,
AND IT IS FURTHER ORDERED [specify]:
Required if Court makes a temporary order of custody or visitation; check applicable box(es)]:
And the Court having searched the statewide registry of orders of protection, the sex offender registry and the Family Court’s warrant and child protective records, and having notified the attorneys for the parties and for the child [check if applicable]: and the following self-represented
party or parties [specify]: |
of the results of these searches; |
And the Court having considered and relied upon the following results of these searches in making this decision [specify; if no results found, so indicate]:
And the Court, having dispensed with the search of the statewide registry of orders of protection, the sex offender registry and the Family Court’s warrant and child protective records because these databases had been reviewed within the past 90 days;
Form UCCJEA-4-a Page 2
AND IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause, together with the papers upon which it is granted, by [check applicable box]: “ personal delivery
“certified mail, return receipt requested “ other [specify]:
upon [specify party or parties]: |
on or before [specify date]: |
shall be deemed sufficient service. |
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Dated: |
, . |
ENTER |
Judge of the Family Court
NOTICE
You have been directed to SHOW CAUSE why the relief sought in the annexed petition should not be granted. You are required to appear in this court, with or without an attorney, at the place and on the date/time set forth above in order to answer the allegations in the petition.
If you reside outside of the State of New York, you may make an application to appear and testify by telephone, audio-visual means or other electronic means by way of the enclosed “Electronic Testimony Application” (Form UCCJEA-7), which is also available on-line at www.nycourts.gov. If you are making such an application, the form must be transmitted to the Clerk of the Court IMMEDIATELY by mail or fax. The address is [specify address and fax number]:
INSTRUCTIONS REGARDING SERVICE
Service of a copy of this Order to Show Cause, together with the papers upon which it is granted, by personal delivery requires delivery to the Respondent(s) by a person over the age of 18, who is not the Petitioner or any other party to the action, or by an attorney or other person authorized in the Respondents’ State to serve papers. Personal delivery may also be made to a “person of suitable age and discretion” at the actual or “usual” residence or actual place of business, in which case the Order to Show Cause and papers must also be mailed by First Class mail to the Respondent(s)’ last known residence or (in an envelope marked “personal and confidential”) to the Respondent(s)’ actual place of business. An affidavit of service, sworn to by the person who served the documents, must be filed with this Court that describes the date, time and place of service and identifies the person to whom service was made. If service by mail is authorized by this Order, service must be by certified mail with a return receipt requested. A return receipt signed by the addressee, an affidavit of service or other proof of service authorized in the Respondents’ State must be filed with this Court. See Domestic Relations Law §75-g; Civil Practice Law and Rules 308, 313.