78B-13-305 - Registration of child custody determination.
78B-13-305. Registration of child custody determination.
(1) A child custody determination issued by a court of another state may be registered inthis state, with or without a simultaneous request for enforcement, by sending to the district courtin this state:
(a) a letter or other document requesting registration;
(b) two copies, including one certified copy, of the determination sought to be registered,and a statement under penalty of perjury that to the best of the knowledge and belief of theperson seeking registration the order has not been modified; and
(c) except as otherwise provided in Section 78B-13-209, the name and address of theperson seeking registration and any parent or person acting as a parent who has been awardedcustody or parent-time in the child custody determination sought to be registered.
(2) On receipt of the documents required by Subsection (1), the registering court shall:
(a) cause the determination to be filed as a foreign judgment, together with one copy ofany accompanying documents and information, regardless of their form; and
(b) serve notice upon the persons named pursuant to Subsection (1)(c) and provide themwith an opportunity to contest the registration in accordance with this section.
(3) The notice required by Subsection (2)(b) shall state:
(a) that a registered determination is enforceable as of the date of the registration in thesame manner as a determination issued by a court of this state;
(b) that a hearing to contest the validity of the registered determination shall be requestedwithin 20 days after service of notice; and
(c) that failure to contest the registration will result in confirmation of the child custodydetermination and preclude further contest of that determination with respect to any matter thatcould have been asserted.
(4) A person seeking to contest the validity of a registered order shall request a hearingwithin 20 days after service of the notice. At that hearing, the court shall confirm the registeredorder unless the person contesting registration establishes that:
(a) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(b) the child custody determination sought to be registered has been vacated, stayed, ormodified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction; or
(c) the person contesting registration was entitled to notice, but notice was not given inaccordance with the standards of Section 78B-13-108 in the proceedings before the court thatissued the order for which registration is sought.
(5) If a timely request for a hearing to contest the validity of the registration is not made,the registration is confirmed as a matter of law and the person requesting registration and allpersons served shall be notified of the confirmation.
(6) Confirmation of a registered order, whether by operation of law or after notice andhearing, precludes further contest of the order with respect to any matter which could have beenasserted at the time of registration.
Renumbered and Amended by Chapter 3, 2008 General Session