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Practice Guide to New York City Family Courts

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Practice Guide to New York City Family Courts PRACTICE GUIDE TO NEW YORK CITY FAMILY COURTS FALL 2016 100 Broadway, 10th Floor New York, New York 10005 Tel. 212-695-3800 Fax 212-695-9519 1 www.herjustice.org TABLE OF CONTENTS WHAT IS FAMILY COURT? ..................................................................................................... 3 NYC FAMILY COURT LOCATIONS ...................................................................................... 4 INTEGRATED DOMESTIC VIOLENCE PARTS ................................................................... 6 FAMILY COURT HOUSE DIRECTORY ................................................................................. 7 PLAYERS IN THE COURT ...................................................................................................... 16 “HOW TO” GUIDE ON FILING FOR CHILD CUSTODY/VISITATION ........................ 26 “HOW TO” GUIDE ON FILING FOR CHILD SUPPORT .................................................. 30 ADJOURNMENTS ..................................................................................................................... 38 DISCOVERY ............................................................................................................................... 40 “HOW TO” GUIDE ON MOTION PRACTICE ..................................................................... 43 COURT APPEARANCES.......................................................................................................... 46 AFTER THE HEARING ............................................................................................................ 50 HOW TO OBTAIN COPIES OF COURT FILES .................................................................. 54 HOW TO OBTAIN MINUTES ................................................................................................. 55 COURT ETIQUETTE ................................................................................................................ 57 FREQUENTLY SUBPOENAED ENTITIES ........................................................................... 59 USEFUL WEBSITES ................................................................................................................. 65 GLOSSARY OF FAMILY COURT TERMS .......................................................................... 67 2 WHAT IS FAMILY COURT? The Family Court is part of New York State’s unified court system. The Family Court is not a court of general jurisdiction, but rather has jurisdiction over only specific types of cases, as detailed in Family Court Act § 115, and within the parameters described throughout the Family Court Act. The Family Court has jurisdiction over cases involving family offenses (domestic violence), custody, visitation, paternity, spousal support, child support, abuse and neglect of children, and juvenile delinquency. The Family Court does not have jurisdiction over divorces, which must be heard in Supreme Court. The Family Court also does not have the jurisdiction to divide and distribute property, unless the Supreme Court issues a specific order referring that issue to the Family Court. In Family Court, cases may be heard either by (1) a judge; (2) a support magistrate; or (3) a court attorney/referee. A support magistrate hears cases involving support and paternity, within certain parameters as defined by Family Court Act § 439. A court attorney/referee generally hears cases involving custody and visitation. Family offense proceedings should be heard by a judge. Please note the information for the telephone numbers noted below is subject to change, for up to date information, visit the NYS Unified Court website at http://www.courts.state.ny.us. 3 NYC FAMILY COURT LOCATIONS Each of the five counties in New York City has a Family Court: BRONX Family Court, Bronx County 900 Sheridan Avenue (on the corner of 161st Street) Bronx, NY 10451 718-618-2098 It is accessible from the 4 (not the 5), B, or D train to the Yankee Stadium/161st Street stop. (On the D train, some of the subway signs say River Avenue.) If you are coming from the 2 train (not the 3!) you can transfer to the 4 train at the 149th Street stop. Note, the Bronx Hall of Justice located at 265 East 161st Street currently houses the IDV court. Other Family Court parts may be transferred to that location in the future. To find out if your case has been transferred to the new courthouse, contact (718) 618-3000 or visit http://iapps.courts.state.ny.us/fcasfamily/main to find out the part in which your case will be heard. Use file number to locate cases related to your client. BROOKLYN Family Court, Kings County 330 Jay Street Brooklyn, NY 11201 347-401-9610 It is accessible from the 4, 5 and the 2, 3 Borough Hall stops, the R Court Street stop, and the A, C, F and R Jay Street - MetroTech Stops. MANHATTAN Family Court, New York County 60 Lafayette Street (corner of Lafayette and Leonard) New York, NY 10013 646-386-5200/5206 It is accessible from the 4, 5, 6 Brooklyn Bridge/City Hall stop, the 1-2-3 Chambers Street stop or the 1 Franklin Street stop (closer than Chambers, but 1 only), and the R City Hall stop. QUEENS Family Court, Queens County 151-20 Jamaica Avenue (b/w Archer and 151st Street) Jamaica, NY 11432 718-298-0197 It is accessible from the E, J, Z or F train (from the 51st street and Lexington Avenue stop on the 6 and E, it takes approximately 45 minutes to get to the court house). The Courthouse is across the street from the “Jamaica Center” stop, last stop on the E, J or Z train On the F train it is the “Parsons Boulevard” stop. The Court House is two blocks from this stop. It is also accessible by Long Island Railroad’s Jamaica Center stop. STATEN ISLAND Family Court, Richmond County 100 Richmond Terrace Staten Island, NY 10301 4 718-675-8800/5461 First, you will need to take the subway to the South Ferry Terminal, which is just off Battery Park in lower Manhattan. The subways that go there are the 4 and 5 lines (Bowling Green stop), the R line (Whitehall stop), and the 1 line (South Ferry stop). Then you will follow signs to the Staten Island Ferry. The ferry ride is free, and takes 25 minutes. You are advised to take the ferry that leaves Manhattan at 8:30AM. You will arrive on Staten Island by 8:55AM and have more than enough time to reach the courthouse by 9:15AM. If you miss the 8:30 ferry, the next ferry departs at 8:45AM. Ferries depart from South Ferry every 15 minutes during rush hour, which is from 7:30AM to 9:30AM. When you get off the ferry in Staten Island, just follow the mass of people heading to the street exits. The exits are indicated with signs marking letters of the alphabet (A through E). It is most direct to head all the way to the right and exit at the letter E. Once you are outside, you will be on a bus ramp. Just walk straight up the ramp to the road, which is Richmond Terrace. You will see Borough Hall, an attractive, older looking stone -faced municipal building, directly across the street. Cross the street and turn right. Continue straight on Richmond Terrace for two blocks. You will pass the Supreme Court, then the 120th precinct, which is covered with blue scaffolding, and the Family Court will be the next building on your left. The minor league Yankees’ stadium can be found directly across the street to your right. Head up the stairs to the entrance of the courthouse. There is only one door by which to enter. The courthouse can also be reached by driving over the Verrazzano Bridge. Take I-278 West across the bridge. Take the exit toward BAY ST Stay straight to go onto SCHOOL RD. Turn LEFT onto BAY ST. BAY ST becomes RICHMOND TERRACE. 5 INTEGRATED DOMESTIC VIOLENCE PARTS Based on the one family - one judge concept, the State's Integrated Domestic Violence Courts exist to handle all related cases pertaining to a single family where the underlying issue is domestic violence. The Court seeks to promote justice and protect the rights of all litigants while providing a comprehensive approach to case resolution, increasing offender accountability, ensuring victim safety, integrating the delivery of social services, and eliminating inconsistent and conflicting judicial orders. Each IDV Court empowers a single judge with the authority to handle family, criminal and matrimonial matters. Criminal allegations of domestic violence should form the threshold requirement for entry into the IDV Court, with related cases in at least two of the three areas of the law. BRONX INTEGRATED DOMESTIC VIOLENCE COURT, BRONX COUNTY Bronx County Hall of Justice 265 East 161st Street Bronx, NY 10451 (718) 618-1067 Judge Assigned to IDV: Diane Kiesel BROOKLYN INTEGRATED DOMESTIC VIOLENCE COURT, KINGS COUNTY Kings County Supreme Court, Criminal Term 320 Jay Street Brooklyn, NY 11201 (347) 296-1279 Judge Assigned to IDV: Patricia E. Henry Judge Assigned to IDV2: Esther M. Morgenstern MANHATTAN INTEGRATED DOMESTIC VIOLENCE COURT, NEW YORK COUNTY 100 Centre Street New York, NY 10013 (646) 386-3579 Judge Assigned to IDV: Tandra L. Dawson QUEENS INTEGRATED DOMESTIC VIOLENCE COURT, QUEENS COUNTY Queens County Supreme Court, Criminal Term 125-01 Queens Blvd. Kew Gardens, NY 11415 (718) 298-1404 Judge Assigned to IDV: Lenora Gerald STATEN ISLAND INTEGRATED DOMESTIC VIOLENCE COURT, RICHMOND COUNTY Richmond County Supreme Court 18 Richmond Terrace Staten Island, NY 10304 (718) 675-8666 Judge Assigned to IDV: Catherine M. DiDomenico 6 FAMILY COURT HOUSE DIRECTORY There are several important offices in each of the Family Courts that attorneys and their clients should be aware of. These offices offer
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