20-146.29 - Expedited enforcement of child custody; determination.
§ 20-146.29. Expedited enforcement of child custody; determination.
A. A petition under this article must be verified. Certified copies of allorders sought to be enforced and of any order confirming registration must beattached to the petition. A copy of a certified copy of an order may beattached 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 thejurisdictional basis it relied upon in exercising jurisdiction and, if so,what the basis was;
2. Whether the determination for which enforcement is sought has beenvacated, stayed, or modified by a court whose decision must be enforced underthis act and, if so, identify the court, the case number, and the nature ofthe proceeding;
3. Whether any proceeding has been commenced that could affect the currentproceeding, including proceedings relating to domestic violence, protectiveorders, termination of parental rights, and adoptions and, if so, identifythe 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 childand attorneys' fees is sought, including a request for assistance fromlaw-enforcement officials and, if so, the relief sought; and
6. If the child custody determination has been registered under § 20-146.26,the date and place of registration.
C. Upon the filing of a petition, the court shall issue an order directingthe respondent to appear in person with or without the child at a hearing andmay enter any order necessary to ensure the safety of the parties and thechild. The hearing must be held on the next judicial day after service of theorder unless that date is impossible. In that event, the court shall hold thehearing on the first judicial day possible. The court may extend the date ofhearing at the request of the petitioner.
D. An order issued under subsection C must state the time and place of thehearing and advise the respondent that at the hearing the court will orderthat the petitioner may take immediate physical custody of the child and thepayment of fees, costs, and expenses under § 20-146.33, and may schedule ahearing to determine whether further relief is appropriate, unless therespondent appears and establishes that:
1. The child custody determination has not been registered under § 20-146.26,and that:
a. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12et seq.) of this chapter;
b. The child custody determination for which enforcement is sought has beenvacated, stayed, or modified by a court having jurisdiction to do so underArticle 2 (§ 20-146.12 et seq.) of this chapter;
c. The respondent was entitled to notice, but notice was not given inaccordance with the standards of § 20-146.7, in the proceedings before thecourt that issued the order for which enforcement is sought; or
2. The child custody determination for which enforcement is sought wasregistered under § 20-146.26, but has been vacated, stayed, or modified by acourt of a state having jurisdiction to do so under Article 2 (§ 20-146.12 etseq.) of this chapter.
(2001, c. 305.)