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G60 fdny Form: What You Should Know
Rule 5:1-5 now sets out rules which the court must follow in the administration of these rules. The purpose of these rules is to protect and enhance the rights of parents or legal custodians in matters in which the court's exercise of discretion would have a significant effect on the rights or circumstances of either party; protect the rights of children in the absence of a court order; prevent unwarranted or unjustified interference with the relationship between a child and a parent or legal custodian; ensure an appropriate relationship between parents and children and promote parental welfare and emotional well-being; and facilitate parenting time arrangements when a child is the subject of a custody or child support order. The amendments reflect the Family Court's concern over the adverse effects that some parents and legal custodians have had on the relationships with their children. The purpose of these rules is to protect and enhance the rights of parents or legal custodians in matters in which the court's exercise of discretion would have a significant effect on the rights or circumstances of either party. The rules do not limit the authority of the court in a particular case. For instance, it is not the rule of the Family Court that a court order in favor of the custodian of a child should govern all cases in which the custodian is present and can influence the child and the parent. Furthermore, the rules do not set forth a presumption of the rights of child welfare services to control the decisions of the court in these matters. The amendment makes clear that a parent's or legal custodian's application to the court for a specific order must be filed and served in accordance with the rules of court. Rule 5:2 states that the rules of court may be modified by a majority of the court and, as modified, are subject to amendment through a notice of amendment and an amendment order or ruling. These rules should not be interpreted as having a retroactive effect or as setting forth a minimum level of performance by a Court. All decisions which are subject to court rule may be appealed to the appellate courts, with notice and oral argument, subject to the same remedies available in the Court.
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