USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
may award counsel fees and costs to the non- defaulting party. Financial claims can be made following a for - eign divorce, to the extent that issues are left open by the foreign judgment for enforcement and/or modification by another jurisdiction or where the laws of the State of New York allow for enforcement and/or modification of the for - eign judgment. 2.8 Media Access and Transparency The media and press may report on financial cases if there is an open courtroom for that mat - ter. In rare instances, the court may close the courtroom, primarily where there are sensitive issues affecting children, or the court may issue a “gag” order, preventing the parties from dis - seminating certain information. The court records for divorce and family matters in the New York Supreme and Family courts are sealed by default, and not made available to the public. Only the parties and their attorneys have access. A party must make a motion for the use of an anonymous case caption. It is within the discre - tion of the court as to whether to grant such motion. There is a high burden of proof. 2.9 Alternative Dispute Resolution (ADR) There are private options for alternative dispute resolution, including mediation, arbitration and/ or collaborative law. Some courts have established county-specific mediation and neutral evaluation programmes. Some mandate party participation and some are voluntary. The courts may also directly facilitate settlement conferences.
There are no material penalties for non-compli - ance, as most programmes are voluntary. Status of Agreement Reached via a Non- Court Process Such agreements are enforceable. However, they may not be enforced using remedies appli - cable to court orders unless the agreement is So Ordered and/or incorporated into a judgment of divorce signed by a judge.
3. Child Law 3.1 Choice of Jurisdiction Jurisdictional Grounds
The Uniform Child Custody Jurisdiction Enforce - ment Act (DRL Article 5-A; §75 et seq. (UCCJEA)) sets forth four available jurisdictional grounds: (i) the child’s home state; (ii) significant connection, which exists when a state has substantial evi - dence about a child as a result of the child’s sig - nificant connections to that state; (iii) emergency (abandonment or abuse); or (iv) a vacuum (when no other jurisdictional basis exists). Except in emergency cases, the UCCJEA eliminated a child’s physical presence in a state as grounds for exercising jurisdiction. DRL §76 (3). If the proceeding concerns a child abduction, domestically, the Parental Kidnapping Preven - tion Act and the Uniform Child Custody Jurisdic - tion and Enforcement Act would apply; interna - tionally, the United States is a treaty partner to the Hague Convention on the Civil Aspects of International Child Abduction. Domicile, Residence and Nationality See 1.2 Choice of Jurisdiction .
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