2006 New York Code - Information To Be Submitted To Court.



 
    §   76-h.  Information  to  be  submitted  to  court.  1.  Subject  to
  subdivision five of this section, in a child  custody  proceeding,  each
  party,  in  its  first  pleading or in an attached affidavit, shall give
  information, if reasonably ascertainable, under oath as to  the  child's
  present  address  or  whereabouts,  the places where the child has lived
  during the last five years, and the names and present addresses  of  the
  persons  with  whom the child has lived during that period. The pleading
  or affidavit must state whether the party:
    (a) has participated, as a party or witness or in any other  capacity,
  in any other proceeding concerning the custody of or visitation with the
  child  and,  if so, identify the court, the case number, and the date of
  the child custody determination, if any;
    (b) knows of any proceeding that could affect the current  proceeding,
  including  proceedings  for  enforcement  and  proceedings  relating  to
  domestic violence, protective orders, termination  of  parental  rights,
  and  adoptions  and, if so, identify the court, the case number, and the
  nature of the proceeding; and
    (c) knows the names and addresses of any person not  a  party  to  the
  proceeding  who  has  physical  custody of the child or claims rights of
  legal custody or physical custody of, or visitation with, the child and,
  if so, the names and addresses of those persons.
    2. If the information required by subdivision one of this  section  is
  not  furnished, the court, upon motion of a party or its own motion, may
  stay the proceeding until the information is furnished.
    3. If the declaration as to any of the items described  in  paragraphs
  (a)   through  (c)  of  subdivision  one  of  this  section  is  in  the
  affirmative, the declarant shall give additional information under  oath
  as  required  by the court. The court may examine the parties under oath
  as to details of the information furnished and other  matters  pertinent
  to the court's jurisdiction and the disposition of the case.
    4.  Each  party  has  a  continuing  duty  to  inform the court of any
  proceeding in this or any other state  that  could  affect  the  current
  proceeding.
    5.  Upon  a  finding,  which  may be made ex parte, that the health or
  safety of a party or child would be unreasonably  put  at  risk  by  the
  disclosure  of  identifying  information,  or  if  an  existing order so
  provides, a tribunal shall order that the address of the child or  party
  or other identifying information not be disclosed in a pleading or other
  document  filed  in a proceeding under this article. Notwithstanding any
  other provision of law, if the party seeking custody of  the  child  has
  resided  or  resides  in  a  residential program for victims of domestic
  violence as defined in section four hundred fifty-nine-a of  the  social
  services  law,  the present address of the child and the present address
  of the party seeking custody and the address of the residential  program
  for  victims  of domestic violence shall not be revealed. Upon making an
  order that the address of  the  child  or  party  or  other  identifying
  information not be disclosed, the court shall designate the clerk of the
  court  or  such  other  disinterested person as the agent for service of
  process for the party whose address is to remain confidential and  shall
  notify  the  adverse  party of such designation in writing. The clerk or
  disinterested person designated by the court  shall,  when  served  with
  process  on behalf of the party whose address is to remain confidential,
  promptly notify such party whose address is to remain  confidential  and
  forward such process to him or her. The party whose address is to remain
  confidential shall inform the clerk of the court or disinterested person
  designated by the court of any change in address for purposes of receipt
  of service of process.

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