Legal Question in Family Law in New York
Ex, who has joint custody with me, moved from New York State to North Carolina last year. I am the primary and residential parent of child, age 16. Ex got court order for 2 week visit for 16 year old to visit in North Carolina ending August 16, 2009.
Ex did not return 16 year old at end of 2 week visit. I have NY court order for the immediate return of daughter to me. How can I get North Carolina local sheriff to assist in recovering child from ex in North Carolina so I can bring child home to New York?
2 Answers from Attorneys
You can seek enforcement through the New York Courts.
There is a law called the "Uniform Child Custody Jurisdiction and Enforcement Act". As implied in the name, the act is uniform and followed in both New York and North Carolina.
Under section 77-j of the Act, a New York Court may issue a warrant to take physical custody of the child. Under section 77-l, North Carolina must give full faith and credit to an order issued by New York which enforces a child custody determination.
Therefore, my suggestion is that you obtain a warrant from New York Family Court for the immediate production of the Child and that you contact and issue the warrant to the Sheriff in the County where the child is located in North Carolina to enforce the New York order.
Mike.
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