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New York Consolidated Laws Family Court Act

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Motion for Order that Reasonable Efforts Are Not Required

F.C.A. §§352.2(2)(c); 754(2)(b); 1039-b;
1052(b)(i)(A); S.S.L. §§358-a(3)(b)

General Form GF-36a
(Motion for Order that Reasonable
Efforts Are Not Required)
(9/2006)

FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF

In the Matter of

Docket No.

CIN #

A Child/Children Alleged to be

MOTION FOR AN ORDER
THAT REASONABLE
EFFORTS ARE NOT
REQUIRED

TO:

PLEASE TAKE NOTICE that upon the annexed affidavit of :

sworn to on the

and upon all prior proceedings, a motion will be made at this Court at

on , or as soon thereafter as the parties and counsel can
be heard for an Order that reasonable efforts to reunify the following child(ren):

with , the child(ren)'s parent(s),

are not required pursuant to Section of the [check applicable box]: , and for such other and further relief as to the Court may seem just and proper.

Dated:

Yours, etc.

Petitioner

Print or type name

Signature of Attorney, if any

Attorney's Name (Print or Type)

Attorney's Address and Telephone Number

Enter text

What the New York Consolidated Laws Family Court Act Covers

The New York Consolidated Laws Family Court Act is the state statutory framework that governs Family Court jurisdiction, procedures, and remedies in New York State. It sets rules for child custody and visitation, child support, adoption, juvenile delinquency and neglect proceedings, family offenses, paternity, guardianship, and enforcement of support orders. The Act works alongside New York civil and criminal procedure rules and the State Technology Law on electronic records; some court filings or orders may be subject to separate court rules or statutory exceptions for electronic execution.

Why this statute matters for practitioners and families

Understanding the Family Court Act clarifies who may bring matters to Family Court, what relief is available, and the procedural steps required for petitions, service, hearings, and enforcement.

Why this statute matters for practitioners and families

Who commonly relies on the Family Court Act

The Family Court Act is used by attorneys, court staff, child welfare agencies, and individuals representing themselves in family matters across New York's counties.

  • Family law attorneys and guardians ad litem who draft petitions and present evidence in hearings.
  • County Family Court clerks and judges who apply procedural rules and manage filings daily.
  • Child welfare agencies and social services workers who initiate neglect, abuse, or juvenile delinquency cases.

Primary roles who may sign or file

Petitioner / Parent

Individuals filing petitions (custody, support, neglect) must provide sworn statements and contact information; they typically sign petitions and verifications under penalty of perjury and may be required to serve respondents according to court rules.

Attorney / Guardian

Licensed attorneys, guardians ad litem, or authorized agency representatives prepare filings, certify service, and enter appearances; they sign petitions, verification pages, and court submissions on behalf of clients as permitted by court rules.

Core elements within the Family Court Act you should know

The Act contains statutory definitions, jurisdictional provisions, types of actions, emergency relief mechanisms, hearing procedures, and enforcement remedies that together govern Family Court practice in New York.

Jurisdiction

Defines when Family Court has authority over custody, support, juvenile, and family offense matters and sets venue rules for filing petitions.

Types of Actions

Specifies petitions available including neglect, juvenile delinquency, family offenses, paternity, support, custody, guardianship, and adoption-related proceedings.

Pleadings and Petitions

Describes required petition content, verification requirements, supporting affidavits, and mandatory disclosures or exhibits in many case types.

Emergency Relief

Authorizes temporary orders, ex parte temporary custody or protection orders, and instructions for immediate protective measures when safety concerns exist.

Hearings and Evidence

Sets hearing procedure, rights to counsel, admissibility considerations, and children’s participation standards where applicable.

Enforcement and Appeals

Provides remedies for contempt, support enforcement mechanisms, modification procedures, and appellate pathways to higher courts where permitted.

Essential procedural and privacy data elements

Party Names: Full legal names
Case Type: Specific petition category
Dates: Birth, filing, hearing dates
Addresses: Service and contact addresses
Identification: Government ID where required
Confidential Data: Sensitive child or health details

Basic steps to start a Family Court matter in New York

Follow these core steps when preparing and filing a Family Court petition in New York; local court rules and clerk instructions may add requirements.

  • 01
    Prepare Petition: Complete required form or verified petition accurately.
  • 02
    Gather Evidence: Attach relevant affidavits, CPS reports, or financial documentation.
  • 03
    File with Court: Submit to the local Family Court clerk or approved e-filing channel.
  • 04
    Serve Parties: Serve respondents per CPLR and court rules; retain proof of service.

Where to file and what to expect after filing

Filing occurs at the county Family Court clerk's office; larger counties may accept or require electronic filing consistent with local court rules.

  • County Clerk: File the original petition and required copies with the local Family Court clerk.
  • E-filing Options: Use approved e-filing portals where available; follow portal formatting rules.
  • After Intake: Clerk assigns a docket number and calendar date for initial proceedings.
  • Service Requirement: Prepare and deliver proof of service to the court per CPLR and local rules.

Configuring an electronic petition and signature workflow

Set up an online workflow that mirrors the paper filing steps: upload, field placement, signer authentication, and secure delivery.

Filed Document Type Petition PDF | PDF or DOCX with fillable fields
Signature Placement Signature, initial, and date fields placed where verifications appear
Authentication Method Email link, SMS code, or stronger ID verification
Conditional Fields Show financial fields only when support requested
Integration Targets Link to case management or cloud storage

Technical considerations for eSubmission and signing

Ensure your platform supports secure file formats, audit trails, and the authentication level required by the court or your internal policy.

  • File Formats: PDF and DOCX widely accepted
  • Audit Logs: Timestamps, IP, and signer attribution
  • Integrations: Connectors for Google Workspace and NetSuite

Key timing considerations and urgent deadlines

Family matters often have short windows for emergency relief, service deadlines, or statutory timeframes; observe local rules and judge orders carefully.

Emergency Orders:

Ex parte or temporary orders often effective immediately upon court grant

Initial Hearing:

Scheduling varies; courts typically set prompt return dates after filing

Service Timelines:

Service must follow CPLR and local court rules to preserve hearing rights

Modification Petitions:

File promptly when circumstances change to avoid enforcement gaps

Appeals and Deadlines:

Appellate timing is strict; consult appellate rules for exact deadlines

Typical case milestones from filing to order

A common sequence shows intake, filing, service, hearing, and final order stages encountered in many Family Court matters.

01

Intake and Triage

Clerk reviews petition for completeness and assigns a docket number.

02

Filing and Receipt

Original petition accepted and stamped; copies are made for service.

03

Service of Process

Respondent is served and proof returned to court before hearing.

04

Hearing and Evidence

Judge hears testimony, considers exhibits, and may issue interim relief.

Practical tips for accurate, efficient Family Court filings

Adopt standardized checks and secure practices to minimize rejections, delays, and privacy exposures when preparing petitions and supporting materials.

Pre-Review Checklist
Use a checklist to confirm party names, dates, attachments, verification language, and proof of service before filing.
Protect Sensitive Information
Redact or file under seal where statute or court rule requires confidentiality to safeguard children’s identities.
Consistent Date Formats
Use MM/DD/YYYY for all dates to prevent confusion and support accurate case timelines.
Document Indexing
Label exhibits clearly and reference them inside filings to speed clerk review and judicial decision-making.

Two practical scenarios illustrating common filings

These examples show typical facts, the main legal step, and the expected administrative outcome when a petition is properly prepared and filed.

Custody Petition Example

A parent files a custody petition after separation, seeking interim custody due to safety concerns.

  • The petitioner attaches a sworn affidavit and police reports to support urgency.
  • When the petition is complete and served, the court schedules an immediate return date for temporary orders and refers parties to mediation or evidence hearings for final resolution.

Support Enforcement Example

An enforcement agency files to collect unpaid child support on behalf of a custodial parent.

  • The filing includes prior order details and payment history.
  • After intake and verification of arrears, the court may issue wage garnishment, contempt proceedings, or income execution to enforce the support obligation.

Consequences of incorrect or incomplete filings

Filing Rejection: Clerk returns incomplete documents
Delay in Relief: Emergency help postponed
Contempt Exposure: Failure to comply can lead to sanctions
Order Unenforceable: Improper service may void enforcement
Privacy Violations: Unauthorized disclosure invites penalties
Evidence Excluded: Improper exhibits may be barred

Representative eSignature vendor pricing and capability comparison

Compare starting price and key technical capabilities useful for preparing and signing Family Court filings; pricing reflects typical per-user annual billing tiers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Notarization and witness authentication steps for executed documents

Certain Family Court filings and affidavits may require notarization or witness signatures; follow these authentication steps to ensure admissibility.

01

Prepare Document

Include notarization block and signature lines before meeting a notary or witness.

02

Verify ID

Notary confirms government ID and records details per state requirements.

03

Sign In Presence

Signer must execute the document in the notary or witness’s physical presence.

04

Notary Certificate

Notary completes certificate and signs; include seal if required.

05

Witness Signatures

Witnesses sign and print names where statute or form requires.

06

Record Retention

Notary journal entries and AV recordings retained per state RON rules.

07

Remote Options

Use RON only if state and county permit remote notarization.

08

File With Court

Submit notarized originals or certified copies as the court requests.

Frequently asked questions about using the Family Court Act and filings

Answers to common questions about filing, service, authentication, and electronic submissions in Family Court contexts.


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