New York Family Court

Last updated
Family Court of the State of New York
Court overview
FormedSeptember 1, 1962 (1962-09-01)
Jurisdiction New York
Court executive
  • deputy chief administrative judge
  • NYC deputy chief administrative judge
Parent department State Unified Court System
Key document

The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state. [2] [3] [4] The New York City Family Court is the name given to the state Family Court within New York City.

Contents

Jurisdiction

It is a family court that hears cases involving children and families and handles issues such as child abuse and neglect, adoption, child custody and visitation, domestic violence, guardianship, juvenile delinquency, paternity, persons in need of supervision (PINS), child support, and termination of parental rights. [5] [6] In New York City, it has concurrent jurisdiction with the New York City Criminal Court for family offenses (domestic violence).[ citation needed ]

The Family Court building in Manhattan NYC Family Court jeh.JPG
The Family Court building in Manhattan

Family Court does not have jurisdiction over divorces, which must be litigated in the Supreme Court (which is a trial court, rather than the highest court which would be the New York Court of Appeals) and although Criminal Court domestic violence parts typically hear all cases involving crimes against intimate partners (whether opposite- or same-sex), New York law defines family offenses to include only those related by blood, actual marriage (common law marriage is not recognized in New York), or a child in common.[ citation needed ]

Unlike ordinary trial courts, there is no jury in family court. The cases are heard and decided by a judge. The aim of family court is to make decisions in the best interests of the child. [7]

Personnel

Judges

In the New York City Family Court (the "Family Court of the State of New York within the City of New York"), judges are appointed by the Mayor to ten-year terms; elsewhere they are elected to ten-year terms. [2] There are 47 judges in the New York City Family Court. [8]

In 1939, Justice Jane Bolin became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court, then called the Domestic Relations Court.[ citation needed ] Her 10-year appointment was renewed by the city's mayors three times until she reached the mandatory retirement age of 70.[ citation needed ]

Other

Referees hear custody, visitation, orders of protection, and foster care cases; private attorneys, judicial hearing officers, or court attorneys may be appointed. [9] [10] [11]

Judicial Hearing Officers (JHOs) hear some family offense, custody, visitation, adoption, and voluntary placement foster care cases. [12]

Support magistrates hear support cases (petitions filed seeking support for a child or spouse) and paternity cases (petitions filed requesting the court to enter an order declaring someone to be the father of a child). [9]

History

The NYC Domestic Relations part (commonly known as the Family Court) of the Magistrates' Court system created in 1910 had dealt with those chargeable with the support of wives, children and "poor relatives" under its criminal jurisdiction over "disorderly persons". [13] [14] The children's court part of the NYC Court of Special Sessions was created in 1915, from a 1902 children's court division of the New York County Court of General Sessions. [15] Children's courts were authorized throughout the state by constitutional referendum in 1921 followed by statutes in 1922 and 1924. [16] [17] [18] [19] By 1933, jurisdiction was divided among the children's court, the magistrates' courts which dealt with deserting and nonsupporting husbands as "disorderly", the court of special sessions with jurisdiction in illegitimacy cases, the surrogate's court with jurisdiction in adoption cases, and the supreme court with divorce jurisdiction. [20] The NYC Children's Court and NYC Domestic Relations Court (commonly known as the Family Court) were consolidated into the Domestic Relations Court of the City of New York created on October 1, 1933. [21] [22] [19] In 1962 the Family Court replaced these courts after a 1961 constitutional amendment. [1] [23]

See also

Notes

  1. 1 2 "Family Court Act". Laws of New York . Vol.  185th sess.: III. 1962. pp. 3043–3132. hdl:2027/uc1.b4378119. ISSN   0892-287X. Chapter 686, enacted 24 April 1962, effective 1 September 1962.
  2. 1 2 Constitution of the State of New York Article VI, § 13
  3. ↑ Family Court Act § 113
  4. ↑ New York City Bar Association 2012, pp. 3–5.
  5. ↑ New York City Bar Association 2012, p. 1.
  6. ↑ https://ww2.nycourts.gov/COURTS/nyc/family/overview.shtml [ bare URL ]
  7. ↑ https://ww2.nycourts.gov/COURTS/nyc/family/overview.shtml#:~:text=Most%20Family%20Court%20hearings%20(trials,hearing%20and%20decides%20the%20case. [ bare URL ]
  8. ↑ Glaberson, William (March 28, 2012). "For Top Judge, Tough Lessons on Family Court Bench". The New York Times .
  9. 1 2 "New York City Family Court -- Who's Who in the Courtroom?". New York State Office of Court Administration . Retrieved 15 August 2015.
  10. ↑ Fund for Modern Courts (2005). A Guide to New York State Family Court (PDF). p. 7.
  11. ↑ New York State Court Authority. The Judicial Role in Appointment of Masters, Monitors, Fiduciaries and Other Judicial Adjuncts (PDF) (Report). Retrieved 19 July 2024.
  12. ↑ New York City Bar Association 2012, p. 5.
  13. ↑ "Inferior Criminal Courts Act of the City of New York". Laws of New York . Vol.  133rd sess.: II. 1910. pp. 1774–1821. hdl:2027/uc1.b4375313. ISSN   0892-287X. Chapter 659, enacted 25 June 1910, effective immediately.
  14. ↑ Mooney v. Mooney, 187 Misc. 789, 65 N.Y.S.2d 119 (N.Y. Misc. 1946)
  15. ↑ "An Act to amend the inferior criminal courts act of the city of New York, generally". Laws of New York . Vol.  138th sess.: II. 1915. pp. 1560–1589. hdl:2027/nyp.33433090742796. ISSN   0892-287X. Chapter 531, enacted 8 May 1915.
  16. ↑ "Children's Court Act". Laws of New York . Vol.  145th sess.: I-II. 1922. pp. 1259–1276. hdl:2027/nyp.33433090742804. ISSN   0892-287X. Chapter 547, enacted 10 April 1922, effective 1 May 1922.
  17. ↑ Counsel to the Governor (10 April 1922), NYS Bill and Veto Jackets: 1922, Chapter 547, New York State Library
  18. ↑ "Children's Court Act of the City of New York". Laws of New York . Vol.  147th sess.: I–II. 1924. pp. 493–514. hdl:2027/nyp.33433108121108. ISSN   0892-287X. Chapter 254, enacted 23 April 1924, effective 15 September 1924.
  19. 1 2 Sobie, Merril (July 1988). "The Family Court: An Historical Survey". New York State Bar Journal . 60: 55. ISSN   0028-7547 . Retrieved 2024-03-24.
  20. ↑ Flexner, Bernard; Oppenheimer, Reuben; Lenroot, Katharine F (1933). The Child, the Family, and the Court: A Study of the Administration of Justice in the Field of Domestic Relations: General Findings and Recommendations (PDF). United States Children's Bureau. pp. 32–33.
  21. ↑ "Domestic Relations Court Act of the City of New York". Laws of New York . Vol.  156th sess.: I–II. 1933. pp. 1038–1080. hdl:2027/umn.31951d022825520. ISSN   0892-287X. Chapter 482, enacted 26 April 1933, effective 1 October 1933.
  22. ↑ Counsel to the Governor (26 April 1933), NYS Bill and Veto Jackets: 1933, Chapter 482, New York State Library
  23. ↑ Counsel to the Governor (24 April 1962), NYS Bill and Veto Jackets: 1962, Chapter 686, New York State Library

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