Lawyers Manual - Unified Court System

Notes
Moving On: UCCJEA, The Hague Convention, and Relocation 117
1. New York’s law is codified in the Domestic Relations Law, art 5-A,
§ 75 et seq. (amended 2004).
2. The UCCJEA has been interpreted to apply to cases in which the other
jurisdiction is a different country, not just another state; see Hector v Josefina
P., 2 Misc 3d 801 (Sup Ct, Bronx County, 2003).
3. See http://www.nccus1.org for updates.
4. Domestic Relations Law § 75.
5. http://www.courts.state.ny.us/forms/family_court.
6. The National Center on Full Faith and Credit of the Pennsylvania Coalition
Against Domestic Violence can be reached at (800) 256-5883.
7. Domestic Relations Law § 67(1).
8. This is the mirror to Domestic Relations Law § 76-f, which gives New York
courts a basis to waive home state jurisdiction where the court determines
that the home state is inappropriate.
9. Domestic Relations Law §§ 76-a and 76-b.
10. 100 NY2d 960 (2003).
11. Domestic Relations Law § 76-c(1).
12. Domestic Relations Law § 76-c(2). See e.g. Hector G. v Josefina P.,
2 Misc 3d 801 (Sup Ct, Bronx County, 2003).
13. Domestic Relations Law § 76-c(3).
14. Domestic Relations Law § 76-f.
15. Domestic Relations Law § 76-f(3); although not decided by a New York
court, Stoneman v Drollinger, 314 Mont 139 (2003), offers a clear
explanation of the UCCJEA’s application in inconvenient forum cases
involving domestic violence.
16. Domestic Relations Law § 75-i.
17. Domestic Relations Law § 76-b.
18. Domestic Relations Law § 76-g.
19. Domestic Relations Law § 76-g(4).