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Bill

A 312

Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children

2025 Regular Session Introduced by Marianne Buttenschon and 10 co-sponsors

Requires NY custody orders to explicitly authorize or prohibit law enforcement from removing children, clarifying police enforcement authority in custody disputes.

REFERRED TO JUDICIARY
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Bill Summary · A 312

Legislative bill overview

Bill A 312 would require custody orders issued by New York courts to explicitly state whether law enforcement is authorized to remove a child or children from a custodial parent or guardian. This clarification would create a clear legal standard for when police can intervene in custody matters, reducing ambiguity in enforcement situations.

Why is this important

Currently, custody orders may lack explicit language about law enforcement authority, creating confusion during enforcement and potentially exposing families to inconsistent police responses. Clear statutory language would protect both custodial parents from unauthorized child removal and ensure law enforcement has definitive guidance when responding to custody disputes or violations.

Potential points of contention

  • Definition scope: Disagreement may arise over what constitutes "removal authorization" and whether it should distinguish between emergency situations (child safety threats) versus routine enforcement of custody arrangements
  • Judicial discretion: Courts may resist mandatory language requirements as limiting their case-by-case judgment on appropriate custody enforcement mechanisms
  • Implementation burden: Courts would need to standardize language across all new and potentially existing orders, requiring administrative resources and possible clarification on retroactive application

Compiled from official sources — confirm details with the bill’s official record.

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