§ 15-14.1-30 - Expedited enforcement of child custody determination.
SECTION 15-14.1-30
§ 15-14.1-30 Expedited enforcement ofchild custody determination. – (a) A petition under this chapter 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 custodydetermination must state:
(1) Whether the court that issued the determinationidentified the jurisdictional basis it relied upon in exercising jurisdictionand, if so, what the basis was;
(2) Whether the determination for which enforcement is soughthas been vacated, stayed, or modified by a court whose decision must beenforced 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 couldaffect the current proceeding, including proceedings relating to domesticviolence, 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 therespondent, if known;
(5) Whether relief in addition to the immediate physicalcustody of the child and attorneys' fees is sought, including a request forassistance from law enforcement officials and, if so, the relief sought; and
(6) If the child custody determination has been registeredand confirmed, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue anorder directing the respondent to appear in person with or without the child ata hearing and may enter any order necessary to ensure the safety of the partiesand the child. The hearing must be held on the next judicial day after serviceof the order unless that date is impossible. In that event, the court shallhold the hearing on the first judicial day possible. The court may extend thedate of hearing at the request of the petitioner.
(d) An order issued under subsection (c) of this section muststate the time and place of the hearing and advise the respondent that at thehearing the court may order that the petitioner may take immediate physicalcustody of the child and the payment of fees, costs, and expenses and mayschedule a hearing to determine whether further relief is appropriate, unlessthe respondent appears and establishes that:
(1) The child custody determination has not been registeredand confirmed and that:
(i) The issuing court did not have jurisdiction;
(ii) The child custody determination for which enforcement issought has been vacated, stayed, or modified by a court having jurisdiction todo so;
(iii) The respondent was entitled to notice, but notice wasnot given in the proceedings before the court that issued the order for whichenforcement is sought; or
(2) The child custody determination for which enforcement issought was registered and confirmed, but has been vacated, stayed, or modifiedby a court of a state having jurisdiction.