Parents involved in international child custody disputes are often surprised to learn that obtaining a custody order from a foreign court may not, by itself, enable them to enforce that order in New York. If circumstances later require the assistance of a New York court, the foreign custody determination may first need to be registered under New York’s Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), codified in Article 5-A of the Domestic Relations Law.
Registration is not a request for a New York court to decide custody all over again. Rather, it is the legal mechanism through which a qualifying foreign child custody determination may be recognized and enforced in New York.
Although every case is unique, registration is commonly considered in the following situations.
1. Following an International Relocation to New York
One of the most common situations arises after a foreign court authorizes one parent to relocate with the child to New York.
Consider a situation where an Australian court permits the mother to relocate with the child to New York while the father remains in Australia. The Australian order may contain detailed provisions governing custody, parenting time, holiday access, travel arrangements, communication, and the allocation of transportation expenses. Once the child begins residing in New York, the father may wish to register the Australian custody order in New York. Doing so allows the foreign custody determination to be recognized locally and positions the father to seek enforcement in New York should disputes arise regarding compliance with the existing order.
Registration may therefore become an important protective measure following an international relocation, particularly where the parents anticipate future disagreements concerning parenting time or compliance with the foreign court’s order.
2. When Enforcement in New York Becomes Necessary
Registration is also commonly sought when one parent begins violating the foreign custody order after relocating to New York.
For example, suppose a foreign custody order requires the child to travel abroad during school vacations to spend parenting time with the left-behind parent. If the parent residing in New York refuses to place the child on the scheduled flight or otherwise refuses to comply with the foreign custody order, the other parent may need to seek enforcement in New York.
Before a New York court can effectively enforce a qualifying foreign custody determination, registration may become an important procedural step. Once registered, the order may be enforced in the same manner as a custody determination issued by a New York court, subject to the requirements of the UCCJEA.
3. Before Seeking Modification of the Existing Custody Arrangement
Sometimes, both parents acknowledge that the original foreign custody arrangement is no longer practical.
For instance, the child may now be permanently attending school in New York, making the original parenting schedule difficult to implement. Rather than continuing under an arrangement that no longer reflects the family’s circumstances, the parents may mutually agree that the custody order should be modified.
In such circumstances, registration may serve as the procedural bridge between the existing foreign custody determination and subsequent proceedings before a New York court. Whether New York has jurisdiction to modify the foreign custody determination depends upon the UCCJEA’s jurisdictional provisions, including those governing continuing exclusive jurisdiction and modification of another state’s or country’s custody determination.
Is There a Deadline to Register?
New York Domestic Relations Law § 77-d does not impose a specific deadline for registration.
Accordingly, a parent is generally not required to register the foreign custody determination within a particular number of days, months, or years after it is issued or after the child relocates to New York.
Nevertheless, waiting until a dispute has already escalated may unnecessarily complicate matters. In many cases, parents choose to register the order before enforcement becomes necessary.
Does Registration Prevent New York from Becoming the Child’s Home State?
No. Registration and “home state” jurisdiction are separate concepts under the UCCJEA. Registering a foreign custody determination does not prevent New York from later becoming the child’s home state if the statutory requirements for home state jurisdiction are satisfied. Likewise, New York’s eventual status as the child’s home state does not automatically authorize a New York court to modify the foreign custody order. Questions concerning modification are governed by separate provisions of the UCCJEA addressing continuing exclusive jurisdiction and modification jurisdiction.
What Must Be Filed?
A parent seeking registration must submit:
- a letter or other document requesting registration;
- two copies of the custody determination, including one certified copy;
- a statement made under penalty of perjury that, to the best of the person’s knowledge and belief, the custody determination has not been modified; and
- except where address confidentiality provisions apply, the names and addresses of the person seeking registration and every parent or person acting as a parent who has been awarded custody or visitation.
What Will the Court Do After the Papers Are Filed?
Upon receiving the required documents, the New York court must:
- file the custody determination as a foreign judgment together with the accompanying documents; and
- serve notice upon the persons identified in the registration papers, providing them an opportunity to contest the registration.
The registration proceeding is not intended to relitigate the merits of the custody dispute. Rather, the court’s role is limited to determining whether the foreign custody determination should be registered under the UCCJEA.
What Must the Notice Contain?
The notice served by the court must inform the recipient that:
- the registered custody determination is enforceable in New York as of the date of registration in the same manner as a New York custody determination;
- any challenge to the registration must be requested within twenty days after service of the notice; and
- failure to contest registration will result in confirmation of the custody determination and preclude future challenges based upon matters that could have been raised during the registration proceeding.
How May Registration Be Contested?
A person seeking to challenge registration must request a hearing within twenty days after service of the notice. At that hearing, the court must confirm the registration unless the objecting party establishes one of the following:
- the issuing foreign court lacked jurisdiction under the UCCJEA;
- the custody determination has been vacated, stayed, or modified by a court having jurisdiction to do so; or
- the objecting party was entitled to notice of the foreign proceedings but did not receive notice consistent with the UCCJEA.
These are limited statutory grounds. The registration proceeding is not an opportunity to reargue the merits of the foreign custody determination.
What Happens If Registration Is Not Contested?
If no request for a hearing is made within twenty days after service of the notice, registration is automatically confirmed as a matter of law.
The court must notify both the person seeking registration and all persons who were served that the registration has been confirmed.
What Happens After Registration Is Confirmed?
Once registration has been confirmed, either by operation of law or following a hearing, the registered custody determination generally cannot later be challenged on any ground that could have been asserted during the registration proceeding. The registered foreign custody determination thereafter becomes enforceable in New York in the same manner as a custody determination issued by a New York court, subject to the provisions of the UCCJEA.
Conclusion
Registration under New York Domestic Relations Law § 77-d is more than a procedural formality. In cross-border custody disputes, it often provides the legal foundation for recognition and enforcement of an existing foreign custody determination within New York. Whether sought following an international relocation, in anticipation of enforcement proceedings, or before future modification proceedings, registration can play an important role in ensuring that a foreign custody order receives legal effect in New York.