§ 50A-308. Expedited enforcement of child-custody determination.
§50A‑308. Expedited enforcement of child‑custody determination.
(a) A petition underthis Part must be verified. Certified copies of all orders sought to beenforced and of any order confirming registration must be attached to thepetition. A copy of a certified copy of an order may be attached instead of theoriginal.
(b) A petition forenforcement of a child‑custody determination must state:
(1) Whether the courtthat issued the determination identified the jurisdictional basis it reliedupon in exercising jurisdiction and, if so, what the basis was;
(2) Whether thedetermination for which enforcement is sought has been vacated, stayed, ormodified by a court whose decision must be enforced under this Article and, ifso, identify the court, the case number, and the nature of the proceeding;
(3) Whether anyproceeding 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 physicaladdress of a child and the respondent, if known;
(5) Whether relief inaddition to the immediate physical custody of the child and attorneys' fees issought, including a request for assistance from law enforcement officials and,if so, the relief sought; and
(6) If the child‑custodydetermination has been registered and confirmed under G.S. 50A‑305, thedate and place of registration.
(c) Upon the filing ofa petition, the court shall issue an order directing the respondent to appearin person with or without the child at a hearing and may enter any ordernecessary to ensure the safety of the parties and the child. The hearing mustbe held on the next judicial day after service of the order unless that date isimpossible. In that event, the court shall hold the hearing on the firstjudicial day possible. The court may extend the date of hearing at the requestof the petitioner.
(d) An order issuedunder subsection (c) must state the time and place of the hearing and advisethe respondent that at the hearing the court will order that the petitioner maytake immediate physical custody of the child and the payment of fees, costs,and expenses under G.S. 50A‑312, and may schedule a hearing to determinewhether further relief is appropriate, unless the respondent appears andestablishes that:
(1) The child‑custodydetermination has not been registered and confirmed under G.S. 50A‑305and that:
a. The issuing courtdid not have jurisdiction under Part 2;
b. The child‑custodydetermination for which enforcement is sought has been vacated, stayed, ormodified by a court having jurisdiction to do so under Part 2;
c. The respondent wasentitled to notice, but notice was not given in accordance with the standardsof G.S. 50A‑108 in the proceedings before the court that issued the orderfor which enforcement is sought; or
(2) The child‑custodydetermination for which enforcement is sought was registered and confirmedunder G.S. 50A‑304, but has been vacated, stayed, or modified by a courtof a state having jurisdiction to do so under Part 2. (1999‑223,s. 3.)