JURISDICTIONAL CONSIDERATIONS OF FAMILY COURT IN A FAMILY OFFENSE PROCEEDING

by: Mace H. Greenfield

Interestingly, in Anthony T. v. Anthony J., the family court held that a conversation giving rise to the offense, where the respondent was on the phone in Florida and initiated the call to petitioner in New York, will be considered to have occurred in New York. Further, in Pierson v. Pierson, the family court held that even if an alleged offense or several alleged offenses occurs outside of the State of New York, the court will take jurisdiction, so long as service of the summons and petition is made within the State of New York. However, in Jane O.J. v. Peter L.J., the family court held that service made outside of the State of New York, even if the alleged incident occurred in New York, will be considered invalid and will not invoke jurisdiction of the family court. Finally, in Hoggard v. Hoggard, the appellate court held that pursuant to Article 8, service of the summons cannot be made by mail and must be personally served within the State of New York, at least 24 hours prior to a hearing.

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