TITLE 15

Domestic Relations

CHAPTER 15-14.1

Uniform Child Custody Jurisdiction and Enforcement Act

SECTION 15-14.1-30



   § 15-14.1-30  Expedited enforcement of

child custody determination. –

(a) A petition under this chapter must be verified. Certified copies of all

orders sought to be enforced and of any order confirming registration must be

attached to the petition. A copy of a certified copy of an order may be

attached instead of the original.



   (b) A petition for enforcement of a child custody

determination must state:



   (1) Whether the court that issued the determination

identified the jurisdictional basis it relied upon in exercising jurisdiction

and, if so, what the basis was;



   (2) Whether the determination for which enforcement is sought

has been vacated, stayed, or modified by a court whose decision must be

enforced under this chapter and, if so, identify the court, the case number,

and the nature of the proceeding;



   (3) Whether any proceeding has been commenced that could

affect the current proceeding, including proceedings relating to domestic

violence, protective orders, termination of parental rights, and adoptions and,

if so, identify the court, the case number, and the nature of the proceeding;



   (4) The present physical address of the child and the

respondent, if known;



   (5) Whether relief in addition to the immediate physical

custody of the child and attorneys' fees is sought, including a request for

assistance from law enforcement officials and, if so, the relief sought; and



   (6) If the child custody determination has been registered

and confirmed, the date and place of registration.



   (c) Upon the filing of a petition, the court shall issue an

order directing the respondent to appear in person with or without the child at

a hearing and may enter any order necessary to ensure the safety of the parties

and the child. The hearing must be held on the next judicial day after service

of the order unless that date is impossible. In that event, the court shall

hold the hearing on the first judicial day possible. The court may extend the

date of hearing at the request of the petitioner.



   (d) An order issued under subsection (c) of this section must

state the time and place of the hearing and advise the respondent that at the

hearing the court may order that the petitioner may take immediate physical

custody of the child and the payment of fees, costs, and expenses and may

schedule a hearing to determine whether further relief is appropriate, unless

the respondent appears and establishes that:



   (1) The child custody determination has not been registered

and confirmed and that:



   (i) The issuing court did not have jurisdiction;



   (ii) The child custody determination for which enforcement is

sought has been vacated, stayed, or modified by a court having jurisdiction to

do so;



   (iii) The respondent was entitled to notice, but notice was

not given in the proceedings before the court that issued the order for which

enforcement is sought; or



   (2) The child custody determination for which enforcement is

sought was registered and confirmed, but has been vacated, stayed, or modified

by a court of a state having jurisdiction.



History of Section.

(P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.)