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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article 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...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency
order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the petitioner may take
immediate physical custody of the child unless the respondent establishes that: (1) The child
custody determination has not been registered and confirmed under Section 30-3B-305
and that: a. The issuing court did not have jurisdiction under Article 2; b. The child custody
determination for which enforcement is sought has been vacated, stayed, or modified by a court
of a state having jurisdiction to do so under Article 2; or c. The respondent was entitled
to notice, but notice was not given in accordance with the standards of Section 30-3B-108,
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...
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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full
faith and credit to an order issued by another state and consistent with this chapter which
enforces a child custody determination by a court of another state unless the order has been
vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. (Act
99-438, p. 866, §1.)...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) 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 the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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30-3B-206
Section 30-3B-206 Simultaneous proceedings. (a) Except as otherwise provided in Section
30-3B-204, a court of this state may not exercise its jurisdiction under this article if,
at the time of the commencement of the proceeding, a proceeding concerning the custody of
the child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more convenient forum under
Section 30-3B-207. (b) Except as otherwise provided in Section 30-3B-204, a
court of this state, before hearing a child custody proceeding, shall examine the court documents
and other information supplied by the parties pursuant to Section 30-3B-209. If the
court determines that a child custody proceeding has been commenced in a court in another
state having jurisdiction substantially in accordance with this chapter, the court of this
state shall stay...
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30-3B-304
Section 30-3B-304 Temporary visitation. (a) A court of this state which does not have
jurisdiction to modify a child custody determination, may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; (2) The visitation provisions
of a child custody determination of another state that does not provide for a specific visitation
schedule; or (3) The visitation provision of a child custody determination of another state
by implementing makeup or substitute visitation. (b) If a court of this state makes an order
under subsection (a)(2) or subsection (a)(3), it shall specify in the order a period that
it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction
under the criteria specified in Article 2. The order remains in effect until an order is obtained
from the other court or the period expires. (Act 99-438, p. 866, §1.)...
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30-3B-302
Section 30-3B-302 Enforcement under Hague Convention. Under this article a court of
this state may enforce an order for the return of the child made under The Hague Convention
on the Civil Aspects of International Child Abduction as if it were a child custody determination.
(Act 99-438, p. 866, §1.)...
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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of
a petition seeking enforcement of a child custody determination, the petitioner may file a
verified application for the issuance of a warrant to take physical custody of the child if
the child is imminently likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child
is imminently likely to suffer serious physical harm or be removed from this state, it may
issue a warrant to take physical custody of the child. The petition must be heard within 72
hours after the warrant is executed unless impossible. In that event, the court shall hold
the hearing on the next judicial day. The application for the warrant must include the statements
required by Section 30-3B-308(b). (c) A warrant to take physical custody of a child
must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or...
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