Effect of absence of parent or other person responsible for care
§ 1042. Effect of absence of parent or other person responsible for care. If the parent or other person legally responsible for the child's care is not present, the court may proceed to hear a petition under this article only if the child is represented by counsel. The parent or other person legally responsible for the child's care shall be served with a copy of the order of disposition with written notice of its entry pursuant to section one thousand thirty-six of this article. Within one year of such service or substituted service pursuant to section one thousand thirty-six of this article, the parent or other person legally responsible for the child's care may move to vacate the order of disposition and schedule a rehearing. Such motion shall be granted on an affidavit showing such relationship or responsibility and a meritorious defense to the petition, unless the court finds that the parent or other person willfully refused to appear at the hearing, in which case the court may deny the motion.
If the parent is absent, the court may proceed only if the child has counsel. ★ The absent parent gets served with the disposition order and, within 1 year, may move to vacate it and get a rehearing — granted on a showing of relationship + a meritorious defense, unless the parent willfully refused to appear. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.