GF-41 Petition for Enforcement of Order of Custody or Visitation (New York): how to fill it out, paragraph by paragraph

A walkthrough of General Form GF-41, the New York Family Court petition to enforce a custody or visitation order made by the Supreme Court or the Family Court: the caption, the contempt warning, paragraphs 1 through 9, the signature lines, and the verification.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal

Quick answer

General Form GF-41 is the New York Family Court petition to enforce a custody or visitation order that is not being followed, whether the Family Court or the Supreme Court made it. It is three pages with nine numbered paragraphs. Paragraph 8 is where you state which provisions of the order the respondent has failed to comply with and how. A WARNING box under the caption, if checked, tells the respondent that the purpose of the hearing is to punish them for contempt of court, the notice Judiciary Law § 756 requires on an application to punish for civil contempt. Family Court Act § 652(b) lets the Family Court enforce a Supreme Court custody or visitation order unless that order says it may be enforced only in the Supreme Court, and CourtHelp says there will be a hearing and the court will decide whether there was a violation and what to do next.

Summary: what GF-41 does, and what you need first

GF-41 enforces an order a New York court made. Footnote 1 on the form says that if the order was entered by a court outside New York State or a tribal court, use Form UCCJEA-11 instead.
Get a copy of the order or judgment. Paragraph 5 asks for its date and terms and says a true copy is attached and made a part of the petition.
Make a list of each violation before you start: the date, the term of the order it broke, and what happened. Paragraph 8 asks you to specify the provisions alleged to be violated and the nature of the violations.
Decide whether to check the WARNING box. Checked, it tells the respondent that the purpose of the hearing is to punish them for contempt of court, which may include a fine or imprisonment or both, and that failing to appear may result in immediate arrest. Family Court Act § 156 makes the Judiciary Law’s contempt provisions apply to violations of Family Court orders.
If the Supreme Court made the order in a divorce, read it for any provision that only the Supreme Court may enforce it; paragraph 7 asks whether that court retained exclusive jurisdiction to enforce.
Sign the verification, file in Family Court, and arrange service of the summons and petition by someone other than you.
For an order from a New York State court between two parents, with children under 18 and not in foster care, the court system offers a free Custody/Visitation Enforcement DIY Form program that helps you fill out the enforcement petition.

The full form

All 3 pages of GF-41 (4/2025) as the court prints them. Open a page to read it full size; the walkthrough below shows the matching part of the form under each item.

What GF-41 is, and what enforcement can lead to

GF-41 is one of the official Family Court forms; 22 NYCRR 205.7(a) says those forms shall, in substantially the same form as set forth, be uniformly used throughout the State. The court system’s custody forms listing names it “GF-41 Petition for Enforcement of Order of Custody or Visitation made by Supreme Court or Family Court,” with GF-41a, Order on Petition for Enforcement of Order of Custody Visitation, as the matching order. The header of the 4/2025 form prints “F.C.A. §§ 652”, and the caption reads PETITION FOR ENFORCEMENT OF ORDER OF Custody or Visitation MADE BY FAMILY COURT or SUPREME COURT.

Family Court Act § 652(b) is the authority the header cites. It says that, unless the Supreme Court provides in its order or judgment awarding custody or visitation in a divorce, separation or annulment that it may be enforced or modified only in the Supreme Court, the Family Court may determine an application to enforce that order or judgment. Section 467(b) says the same. For the Family Court’s own orders, Family Court Act § 156 says the Judiciary Law’s provisions on civil and criminal contempt apply in any proceeding in which the Family Court has jurisdiction, and that violating a Family Court order directing a party to do or refrain from doing an act is punishable under them, unless another law provides a specific punishment or remedy.

Judiciary Law § 753(A) gives a court of record power to punish, by fine and imprisonment, or either, a neglect or violation of duty by which a right or remedy of a party may be defeated, impaired, impeded or prejudiced, including a party’s disobedience to a lawful mandate of the court. Judiciary Law § 756 says an application to punish for a contempt punishable civilly shall contain on its face a notice that the purpose of the hearing is to punish the accused for a contempt of court, and that the punishment may consist of fine or imprisonment, or both, together with the legend “WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.” GF-41’s WARNING box prints that notice.

When contempt is sought, the respondent has a right to counsel. Family Court Act § 262(a)(vi) gives that right, including assigned counsel for a person who cannot afford one, to any person in a proceeding in which an order is sought to hold that person in contempt or in willful violation of a previous order of the court.

The process, in CourtHelp’s words: if the child’s other parent will not follow the custody or visitation order, you may file an enforcement petition in Family Court; there will be a hearing, and the court will decide whether there was a violation and what to do next.

This page is public legal information, not legal advice, and Onbello is not a law firm. The item numbers and labels below are those printed on the New York State Unified Court System form (GF-41, 4/2025). Procedures differ by county. If you can afford an attorney, we encourage you to hire one.

GF-41 paragraph by paragraph

GF-41 numbers its paragraphs 1 through 9 in the body, with lettered items under paragraphs 4 and 5. Paragraphs 4, 5b and 7 are printed with a bracketed note to delete them if inapplicable. Unlike GF-17 and GF-40, GF-41 has no Indian Child Welfare Act paragraph. Paragraph numbers and wording below are the ones printed on the 4/2025 form.

When an item runs out of room

GF-41 leaves blank space after each paragraph rather than printing lines. If paragraph 8 needs more room, continue on an attached sheet labeled with the paragraph number, and attach the true copy of the judgment or order that paragraph 5 says is made a part of the petition.

Caption

In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act

What it asks: The county; the petitioner and respondent; Docket No.; and the title PETITION FOR ENFORCEMENT OF ORDER OF Custody or Visitation MADE BY FAMILY COURT or SUPREME COURT.
What to put: Write the county where you are filing and both parties’ names, for example Maria Lopez, petitioner, against Daniel Reyes, respondent. Check custody, visitation or both, and check the court that made the order.
Common mistake: Checking FAMILY COURT for a divorce judgment. A divorce judgment is a Supreme Court order, which matters for paragraph 7.

Contempt warning

WARNING: THE PURPOSE OF THE HEARING REQUESTED IN THIS PETITION IS TO PUNISH [NAME] FOR CONTEMPT OF COURT

What it asks: A box to check and a line for the respondent’s name. The printed text continues: which may include sanctions of a fine or imprisonment or both, and your failure to appear in court may result in your immediate arrest and imprisonment for contempt of court.
What to put: Check the box and write the respondent’s name only if you are asking the court to punish the respondent for contempt. Judiciary Law § 756 requires an application to punish for civil contempt to carry this notice on its face. Leave it unchecked if you want the order enforced without asking for punishment.
Common mistake: Checking it by default. The box changes what the hearing is for, and Family Court Act § 262(a)(vi) gives a person facing a contempt or willful violation finding the right to counsel, including assigned counsel.

Paragraph 1

I am [relationship to child(ren)] of [child(ren)’s name(s)]; I am seeking to enforce an order of custody or visitation

What it asks: The opening line, “The undersigned Petitioner respectfully shows that,” then your relationship to the children, their names, and whether you are seeking to enforce an order of custody, visitation or both.
What to put: For example: I am the father of Ana Reyes and Leo Reyes. Check visitation if the problem is missed or denied parenting time, custody if the problem is who the children live with or who decides for them.
Common mistake: Checking boxes for parts of the order that are being followed. Check what you are asking the court to enforce.

Paragraph 2

The home addresses of the Petitioner and Respondent are as follows

What it asks: Your home address and the respondent’s.
What to put: Footnote 2 says to give the addresses unless the court has ordered the address confidential on the ground that disclosure would pose an unreasonable health or safety risk, citing Family Court Act § 154-b and Form 21 on nycourts.gov.
Common mistake: Using an old address for the respondent. The summons and petition will be served there.

Paragraph 3

Petitioner is [ ] and was the [ ] in an action filed in Supreme Court or Family Court

GF-41, page 2, paragraph 3 (continued), as printed on the form — GF-41, page 2, paragraph 3 (continued) — tap to open the full page

What it asks: Your role and the role you had in the original case, whether that case was in the Supreme Court (county and index number) or the Family Court (county and docket number), and the case title after “entitled,” printed at the top of page 2.
What to put: Copy the court, county, number and title from the first page of the order.
Common mistake: Leaving off the index or docket number. It is how the court finds the order you want enforced.

Paragraph 4

Applicable when Petitioner and/or Respondent are on active duty or have recently returned from active military service

What it asks: a. Whether you are on active duty, deployed or temporarily assigned to military service, or returned from it, with the type of service, branch or unit, dates and location, and how it is likely to affect custody or visitation. b. The same for the respondent. The note says to delete the paragraph if inapplicable.
What to put: Delete it unless one of you is on, or recently returned from, such service. Footnotes 3 and 4 say it does not apply to someone based at a permanent duty station or with a permanent reassignment of station; on the 4/2025 form both footnotes say “Respondent,” though footnote 3 is attached to the petitioner’s line. Domestic Relations Law § 75-l(4) excludes permanent duty stations and permanent changes of station.
Common mistake: Leaving it in with nothing filled in. The note says to delete it if inapplicable.

Paragraph 5

A judgment or order, dated [ ], was entered in the action directing the Respondent or Petitioner to [terms]

What it asks: a. Whether it was a judgment or an order, its date, whom it directed, and its terms, with the statement that a true copy is attached and made a part of the petition. b. Only where the order was entered with a child protective dispositional or permanency hearing order directing custody with a relative or other non-parent under Family Court Act § 1055-b or § 1089-a: (i) the related proceeding, and (ii) the department of social services and attorney for the child the order says must be notified and made parties.
What to put: Quote the terms you say were broken, for example: the respondent shall deliver the children to the petitioner every other Friday at 6 p.m. at the public library. Attach a copy of the whole order.
Common mistake: Paraphrasing loosely. Paragraph 8 will measure the respondent’s conduct against these terms, so use the order’s own words.

Paragraph 6

The names, addresses and dates of birth of all children affected by this order

GF-41, page 3, paragraph 6 (continued), as printed on the form — GF-41, page 3, paragraph 6 (continued) — tap to open the full page

What it asks: A table with each child’s Name, Address and Date of Birth. The column headings are printed at the top of page 3.
What to put: List every child the order covers. Footnote 5 says to give the address unless the court has ordered it confidential under Family Court Act § 154-b.
Common mistake: Leaving out a child whose time was not affected. The paragraph asks for all children affected by the order.

Paragraph 7

The Supreme Court or Family Court has or has not retained exclusive jurisdiction to enforce the judgment or order

What it asks: Applicable where the order or judgment was issued by the Supreme Court: whether, under its terms, the Supreme Court or Family Court has or has not retained exclusive jurisdiction to enforce it. Delete it if inapplicable.
What to put: Read the Supreme Court judgment for language that it may be enforced only in the Supreme Court. Family Court Act § 652(b) lets the Family Court enforce the order unless the Supreme Court provided that. If it did, ask the Family Court clerk where to file before you go further.
Common mistake: Leaving paragraph 7 in for a Family Court order. The bracketed note says it applies where the order was issued by the Supreme Court.

Paragraph 8

(Upon information and belief) Respondent has failed to comply with the terms of the judgment or order in that

What it asks: The provisions of the judgment or order alleged to be violated, and the nature of the violations.
What to put: One entry per violation: the date, the term of the order, and what happened. For example: on Friday, May 8, 2026, the respondent did not bring the children to the public library at 6 p.m. as paragraph 3 of the order requires, and did not respond to messages that evening. CourtHelp says the court will decide whether there was a violation and what to do next, so give it dates it can check.
Common mistake: Writing a general complaint, such as that the respondent never follows the order. The bracketed instruction asks for the provisions violated and the nature of each violation.

Paragraph 9

No previous application has been made to any Court or judge for the relief requested in this Petition

What it asks: The statement, with an “except” line for any earlier application for the same relief.
What to put: List any earlier enforcement or violation petition about this order, with the court, docket number and result, even if it was withdrawn.
Common mistake: Leaving the except line blank after an earlier petition was settled in court. The statement covers any previous application.

WHEREFORE

WHEREFORE, Petitioner respectfully requests that the judgment or order be enforced in accordance with Article 6 of the Family Court Act

What it asks: Whether it is a judgment or order, whether the Supreme Court or the Family Court made it, its date, and the request that it be enforced in accordance with Article 6 of the Family Court Act and for such other relief as the court may deem just and proper.
What to put: Use the same date as paragraph 5 and check the same court as the caption.
Common mistake: Writing a different date from paragraph 5. The court needs to know exactly which order you want enforced.

Signature

Dated; Petitioner; Print or type name; attorney lines

What it asks: The date, your signature and printed name, and an attorney’s signature, name, address and telephone number if you have one.
What to put: Sign and print your name. Leave the attorney lines blank if you are filing yourself.
Common mistake: Signing here and skipping the verification. The verification is a separate signature.

Verification

VERIFICATION

What it asks: That you are the petitioner and affirm, on the date written, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the statements are true to your own knowledge, except those alleged on information and belief, which you believe to be true.
What to put: Fill in the day, month and year, then sign and print your name. It is an affirmation, and the form prints no notary block.
Common mistake: Including violations you have only heard about without saying so. Paragraph 8 is pleaded on information and belief, and the verification says those statements are ones you believe to be true.

Common pitfalls

Using GF-41 to change the order

GF-41 asks the court to enforce the order as written. If the arrangement no longer works and you want new terms, the petition is GF-40, which asks what has changed since the order and how it should be modified.

Vague violations

Paragraph 8 asks for the provisions alleged to be violated and the nature of the violations. Dates, times and the order’s own wording give the court something to decide; general statements do not.

Checking the WARNING box without meaning to

The box makes the hearing one to punish the respondent for contempt of court, the notice Judiciary Law § 756 requires on an application to punish for civil contempt. Family Court Act § 262(a)(vi) gives a person the court is asked to hold in contempt or in willful violation of an order the right to counsel, including assigned counsel, and § 262(a)(iii) already gives that right to the respondent in any custody proceeding under Part 3 of Article 6.

Filing in Family Court when the Supreme Court kept enforcement

Family Court Act § 652(b) lets the Family Court enforce a Supreme Court divorce custody order unless that court provided in the order or judgment that it may be enforced or modified only in the Supreme Court. Paragraph 7 asks about exactly that.

Serving the papers yourself

CourtHelp says a party in the case can never serve legal papers, such as a notice of petition and petition, unless a judge gives permission; a process server or another adult 18 or older must do it and complete an Affidavit of Service. In some counties the court serves the papers. Family Court Act § 154-a says a copy of the petition must be served on the respondent with the process or, if that is not practicable, at the first court appearance.

What to file with GF-41

UCCJEA-11: Petition to Enforce Custody/Visitation Order - UCCJEA. Instead of GF-41, if the order was entered by a court outside New York State or a tribal court, as footnote 1 says.
GF-40: Petition for Modification of Order of Custody or Visitation. A different petition, if you want the order’s terms changed rather than enforced. Read the GF-40 walkthrough.
Form 8-2: Petition - Family Offense. A separate proceeding, not an attachment, if what you need is an order of protection. GF-41 has no paragraph for one.
GF-41a: Order on Petition for Enforcement of Order of Custody Visitation. Not filed by you. It is the order form listed with GF-41 on the court system’s custody forms page.

CourtHelp says it is free to file a case in Family Court and that every Family Court has a Help Center. The free Custody/Visitation Enforcement DIY Form program can be used if the order was signed by a judge of a New York State court, you are the children’s parent, the children are under 18 and not in foster care, and only you and the other parent are on the order; it asks you to have the other parent’s name and address, a copy of the order, and the children’s names, addresses and birth dates. If you believe a child is being neglected or abused, the program page gives the child welfare number, 1-800-342-3720, and says to call 911 if a child is in immediate danger.

Keep reading

Enforcing custody, visitation and support orders in New York

The enforcement process around GF-41, and support violation petitions.

GF-40 Petition for Modification, paragraph by paragraph

When the order itself needs to change.

GF-17 Petition for Custody or Visitation, paragraph by paragraph

The petition that starts a case when no New York order exists yet.

Serving court papers in New York

How the summons and petition reach the respondent.

Gathering evidence for a New York custody case

Records that back up the dates you list in paragraph 8.

Custody schedule calculator

Map the ordered schedule against what actually happened.

Common questions

What can I do if the other parent is not following the custody order in New York?

File an enforcement petition in Family Court. CourtHelp says that if the child’s other parent will not follow the custody or visitation order, you may file an enforcement petition, there will be a hearing, and the court will decide whether there was a violation and what to do next. The statewide form is GF-41, and the court system offers a free Custody/Visitation Enforcement DIY Form program for orders from a New York State court between two parents.

Can the other parent go to jail for violating a custody order?

Contempt is possible. Family Court Act § 156 applies the Judiciary Law’s contempt provisions to violations of Family Court orders, and Judiciary Law § 753(A) allows punishment by fine and imprisonment, or either. GF-41’s WARNING box, if checked, tells the respondent that the purpose of the hearing is to punish them for contempt of court, which may include a fine or imprisonment or both. What the court does in a particular case is up to the court.

Can Family Court enforce a custody order from my divorce?

Family Court Act § 652(b) says that unless the Supreme Court provides in the order or judgment awarding custody or visitation that it may be enforced or modified only in the Supreme Court, the Family Court may determine an application to enforce it. GF-41 paragraph 7 asks whether the Supreme Court retained exclusive jurisdiction to enforce.

Does the respondent get a lawyer?

Family Court Act § 262(a)(vi) gives the right to counsel, including assigned counsel for a person who cannot afford one, to any person in a proceeding in which an order is sought to hold that person in contempt or in willful violation of a previous order of the court, except for a contempt that may be punished summarily under Judiciary Law § 755.

Is there a form for the respondent to answer GF-41?

The court system’s custody and visitation forms list has no answer form; the respondent comes to court on the date in the summons. Family Court Act § 165 says that where the Act does not prescribe a procedure, the Civil Practice Law and Rules apply to the extent appropriate.

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