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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
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25-1001 Short title This chapter may be cited as the uniform child custody jurisdiction and enforcement act.
25-1002 Definitions In this chapter, unless the context otherwise requires: 1. "Abandoned" means left without provision for reasonable and necessary care or supervision. 2. "Child" has the same meaning prescribed in section 1-215. 3. "Child custody determination": (a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child. (b) Does not include an order relating to child support or any other monetary obligation of an individual. 4. "Child custody proceeding": (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear. (b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter. 5. "Commencement" means the filing of the first pleading in a proceeding. 6. "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. 7. "Home state " means: (a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state. (b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state. 8. "Initial determination" means the first child custody determination concerning a particular child. 9. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter. 10. "Issuing state" means the state in which a child custody determination is made. 11. "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. 12. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity. 13. "Person acting as a parent" means a person, other than a parent, who meets both of the following requirements: (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state. 14. "Physical custody" means the physical care and supervision of a child. 15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. 16. "Tribe" means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state. 17. "Visitation" includes parenting time as defined in section 25-402. 18. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
25-1003 Proceeding governed by other law This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
25-1004 Application to Indian tribes A. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act (25 United States Code section 1903) is not subject to this chapter to the extent that it is governed by the Indian child welfare act. B. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter. C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.
25-1005 International application of chapter A. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter. B. Except as otherwise provided in subsection C, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter. C. A court of this state is not required to apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
25-1006 Effect of child custody determination A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified pursuant to section 25-1008 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
25-1007 Priority If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, on request of a party, the question must be given priority on the calendar and handled expeditiously.
25-1008 Notice to persons outside this state A. Notice required for the exercise of jurisdiction if a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. B. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
25-1009 Appearance and limited immunity A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party who is present in this state and who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. C. The immunity granted by subsection A does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter and committed by an individual while present in this state.
25-1010 Communication between courts; definition
A. A court of this state may communicate with a court in another state concerning a
proceeding arising under this chapter.
B. The court may allow the parties to participate in the communication. If the
parties are not able to participate in the communication, they must be given the
opportunity to present facts and legal arguments before a decision on jurisdiction is
made.
C. Communication between courts on schedules, calendars, court records and similar
matters may occur without informing the parties. A record need not be made of the
communication.
D. Except as otherwise provided in subsection C, a record must be made of a
communication under this section. The parties must be informed promptly of the
communication and granted access to the record.
E. For the purposes of this section, " record" means information that is inscribed
on a tangible medium or that is stored in any electronic or other medium and that is
retrievable in perceivable form.
25-1011 Taking testimony in another state
A. In addition to other procedures available to a party, a party to a child custody
proceeding may offer testimony of witnesses who are located in another state, including
testimony of the parties and the child, by deposition or other means allowable in this
state for testimony taken in another state. The court on its own motion may order that
the testimony of a person be taken in another state and may prescribe the manner in which
and the terms on which the testimony is taken.
B. A court of this state may permit an individual residing in another state to be
deposed or to testify by telephone, audiovisual means or other electronic means before a
designated court or at another location in that state. A court of this state shall
cooperate with courts of other states in designating an appropriate location for the
deposition or testimony.
C. Documentary evidence transmitted from another state to a court of this state by
technological means that do not produce an original writing shall not be excluded from
evidence on an objection based on the means of transmission.
25-1012 Cooperation between courts; preservation of records
A. A court of this state may request the appropriate court of another state to:
1. Hold an evidentiary hearing.
2. Order a person to produce or give evidence pursuant to procedures of that state.
3. Order that an evaluation be made with respect to the custody of a child involved
in a pending proceeding.
4. Forward to the court of this state a certified copy of the transcript of the
record of the hearing, the evidence otherwise presented and any evaluation prepared in
compliance with the request.
5. Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child.
B. On request of a court of another state, a court of this state may hold a hearing
or enter an order described in subsection A.
C. Travel and other necessary and reasonable expenses incurred under subsections A
and B may be assessed against the parties according to the law of this state.
D. A court of this state shall preserve the pleadings, orders, decrees, records of
hearings, evaluations and other pertinent records with respect to a child custody
proceeding until the child attains eighteen years of age. On appropriate request by a
court or law enforcement official of another state, the court shall forward a certified
copy of those records.
25-1031 Initial child custody jurisdiction A. Except as otherwise provided in section 25-1034, a court of this state has jurisdiction to make an initial child custody determination only if any of the following is true: 1. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state. 2. A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true: (a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence. (b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships. 3. All courts having jurisdiction under paragraph 1 or 2 have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 25-1037 or 25-1038. 4. A court of any other state would not have jurisdiction under the criteria specified in paragraph 1, 2 or 3. B. Subsection A of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. C. Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.
25-1032 Exclusive continuing jurisdiction
A. Except as otherwise provided in section 25-1034, a court of this state that has
made a child custody determination consistent with section 25-1031 or 25-1033 has
exclusive, continuing jurisdiction over the determination until either of the following
is true:
1. A court of this state determines that neither the child, nor the child and one
parent, nor the child and a person acting as a parent have a significant connection with
this state and that substantial evidence is no longer available in this state concerning
the child's care, protection, training and personal relationships.
2. A court of this state or a court of another state determines that the child, the
child's parents and any person acting as a parent do not presently reside in this state.
B. A court of this state that has made a child custody determination and does not
have exclusive, continuing jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination under section 25-1031.
25-1033 Jurisdiction to modify determination Except as otherwise provided in section 25-1034, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 25-1031, subsection A, paragraph 1 or 2 and either of the following is true: 1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 25-1032 or that a court of this state would be a more convenient forum under section 25-1037. 2. A court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state. 25-1034 Temporary emergency jurisdiction
A. A court of this state has temporary emergency jurisdiction if the child is
present in this state and the child has been abandoned or it is necessary in an emergency
to protect the child because the child, or a sibling or parent of the child, is subjected
to or threatened with mistreatment or abuse.
B. If there is no previous child custody determination that is entitled to be
enforced under this chapter and a child custody proceeding has not been commenced in a
court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, a child
custody determination made under this section remains in effect until an order is
obtained from a court of a state having jurisdiction under section 25-1031, 25-1032 or
25-1033. If a child custody proceeding has not been or is not commenced in a court of a
state having jurisdiction under section 25-1031, 25-1032 or 25-1033, a child custody
determination made under this section becomes a final determination, if it so provides
and this state becomes the home state of the child.
C. If there is a previous child custody determination that is entitled to be
enforced under this chapter or a child custody proceeding has been commenced in a court
of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, any order
issued by a court of this state under this section must specify in the order a period
that the court considers adequate to allow the person seeking an order to obtain an order
from the state having jurisdiction under section 25-1031, 25-1032 or 25-1033. The order
issued in this state remains in effect until an order is obtained from the other state
within the period specified or the period expires.
D. A court of this state that has been asked to make a child custody determination
under this section, on being informed that a child custody proceeding has been commenced
in, or a child custody determination has been made by, a court of a state having
jurisdiction under section 25-1031, 25-1032 or 25-1033, shall immediately communicate
with the other court. A court of this state that exercises jurisdiction pursuant to
section 25-1031, 25-1032 or 25-1033, on being informed that a child custody proceeding
has been commenced in, or a child custody determination has been made by, a court of
another state under a statute similar to this section, shall immediately communicate with
the court of that state to resolve the emergency, protect the safety of the parties and
the child and determine a period for the duration of the temporary order.
25-1035 Notice; opportunity to be heard; joinder A. Before a child custody determination is made under this chapter, notice and an opportunity to be heard pursuant to section 25-1008 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child. B. This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
25-1036 Simultaneous proceedings A. Except as otherwise provided in section 25-1034, a court of this state shall 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 25-1037. B. Except as otherwise provided in section 25-1034, 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 25-1039. If the court determines that a child custody proceeding has been commenced in a court in another state that has jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. C. In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following: 1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement. 2. Enjoin the parties from continuing with the proceeding for enforcement. 3. Proceed with the modification under conditions it considers appropriate.
25-1037 Inconvenient forum A. A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised on motion of a party, the court's own motion or request of another court. B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors including: 1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child. 2. The length of time the child has resided outside this state. 3. The distance between the court in this state and the court in the state that would assume jurisdiction. 4. The relative financial circumstances of the parties. 5. Any agreement of the parties as to which state should assume jurisdiction. 6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child. 7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence. 8. The familiarity of the court of each state with the facts and issues in the pending litigation. C. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings on condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. D. A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
25-1038 Jurisdiction declined by reason of conduct
A. Except as otherwise provided in section 25-1034, if a court of this state has
jurisdiction under this chapter because a person seeking to invoke its jurisdiction has
engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction
unless any of the following is true:
1. The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction.
2. A court of the state otherwise having jurisdiction under section 25-1031,
25-1032 or 25-1033 determines that this state is a more appropriate forum under section
25-1037.
3. A court of any other state would not have jurisdiction under the criteria
specified in section 25-1031, 25-1032 or 25-1033.
B. If a court of this state declines to exercise its jurisdiction pursuant to
subsection A of this section, it may fashion an appropriate remedy to ensure the safety
of the child and prevent a repetition of the unjustifiable conduct, including staying the
proceeding until a child custody proceeding is commenced in a court having jurisdiction
under section 25-1031, 25-1032 or 25-1033.
C. If a court dismisses a petition or stays a proceeding because it declines to
exercise its jurisdiction pursuant to subsection A of this section, it shall assess
against the party seeking to invoke its jurisdiction necessary and reasonable expenses
including costs, communication expenses, attorney fees, investigative fees, expenses for
witnesses, travel expenses and child care during the course of the proceedings, unless
the party from whom fees are sought establishes that the assessment would be clearly
inappropriate. The court shall not assess fees, costs or expenses against this state
unless authorized by law other than this chapter.
25-1039 Information to be submitted to court A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: 1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, shall identify the court, the case number and the date of the child custody determination, if any. 2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding. 3. Knows the names and addresses of any person who is not a party to the proceeding and who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. B. If the information required by subsection A is not furnished, the court, on motion of a party or on its own motion, may stay the proceeding until the information is furnished. C. If the declaration as to any of the items described in subsection A, paragraph 1, 2 or 3 is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. E. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice. 25-1040 Appearance of parties and child
A. In a child custody proceeding in this state, the court may order a party to the
proceeding who is in this state to appear before the court in person with or without the
child. The court may order any person who is in this state and who has physical custody
or control of the child to appear in person with the child.
B. If a party to a child custody proceeding whose presence is desired by the court
is outside this state, the court may order that a notice given pursuant to section
25-1008 include a statement directing the party to appear in person with or without the
child and informing the party that failure to appear may result in a decision adverse to
the party.
C. The court may enter any orders necessary to ensure the safety of the child and
of any person ordered to appear under this section.
D. If a party to a child custody proceeding who is outside this state is directed
to appear under subsection B of this section or desires to appear personally before the
court with or without the child, the court may require another party to pay reasonable
and necessary travel and other expenses of the party so appearing and of the child.
25-1051 Definitions In this article, unless the context otherwise requires: 1. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination. 2. " Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination.
25-1052 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.
25-1053 Duty to enforce A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. B. A court of this state may use any remedy available under any other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
25-1054 Temporary visitation A. A court of this state that 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. B. If a court of this state makes an order under subsection A, paragraph 2, 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 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
25-1055 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 all of the following: 1. A letter or another 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. 3. Except as otherwise provided in section 25-1039, 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 of this section, the registering court shall: 1. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. 2. Serve notice on the persons named pursuant to subsection A, paragraph 3 of this section and provide them with an opportunity to contest the registration in accordance with this section. C. The notice required by subsection B, paragraph 2 of this section must state that: 1. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state. 2. A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice. 3. Failure to contest the registration shall result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. D. A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes any of the following: 1. The issuing court did not have jurisdiction under article 2 of this chapter. 2. The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter. 3. The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 25-1008, in the proceedings before the court that issued the order for which registration is sought. E. 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 all persons served must be notified of the confirmation. F. Confirmation of a registered order, whether by operation of law or after notice and a hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
25-1056 Enforcement of registered determination A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. B. A court of this state shall recognize and enforce, but shall not modify, except in accordance with article 2 of this chapter, a registered child custody determination of a court of another state.
25-1057 Simultaneous proceedings If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under article 2 of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
25-1058 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 on 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, shall 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 rights and adoptions and, if so, shall identify the 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 child and
attorney fees is sought, including a request for assistance from law enforcement
officials and, if so, the relief sought.
6. If the child custody determination has been registered and confirmed under
section 25-1055, the date and place of registration.
C. On the filing of a petition, the court shall issue an order directing the
respondent to appear in person with or without the child at a hearing and may enter any
order necessary to ensure the safety of the parties and the child. The hearing must be
held on the next judicial day after service of the order unless that date is impossible.
In that event, the court shall hold the hearing on the first judicial day possible. The
court may extend the date of the hearing at the request of the petitioner.
D. An order issued under subsection C of this section must state the time and place
of the hearing and advise the respondent that at the hearing the court will order that
the petitioner may take immediate physical custody of the child and the payment of fees,
costs and expenses under section 25-1062 and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears and establishes that either
of the following is true:
1. The child custody determination has not been registered and confirmed under
section 25-1055 and that any of the following is true:
(a) The issuing court did not have jurisdiction under article 2 of this chapter.
(b) The child custody determination for which enforcement is sought has been
vacated, stayed or modified by a court having jurisdiction to do so under article 2 of
this chapter.
(c) The respondent was entitled to notice, but notice was not given in accordance
with section 25-1008, in the proceedings before the court that issued the order for which
enforcement is sought.
2. The child custody determination for which enforcement is sought was registered
and confirmed under section 25-1054, but has been vacated, stayed or modified by a court
of a state having jurisdiction to do so under article 2 of this chapter.
25-1059 Service of petition and order Except as otherwise provided in section 25-1061, the petition and order must be served on the respondent and any person who has physical custody of the child by any method authorized by this state.
25-1060 Hearing and order A. Unless the court issues a temporary emergency order in accordance with section 25-1034, on 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 either of the following is true: 1. The child custody determination has not been registered and confirmed under section 25-1053 and that any of the following is true: (a) The issuing court did not have jurisdiction under article 2 of this chapter. (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 of this chapter. (c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought. 2. The child custody determination for which enforcement is sought was registered and confirmed under section 25-1055 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter. B. The court shall award the fees, costs and expenses authorized under section 25-1062, may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate. C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child shall not be invoked in a proceeding under this article.
25-1061 Warrant to take physical custody of child A. On 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 immediately likely to suffer serious physical harm or be removed from this state. B. If on the testimony of the petitioner or any other witness, the court 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 on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 25-1058, subsection B. C. A warrant to take physical custody of a child must do all of the following: 1. Recite the facts on which a conclusion of imminent serious physical harm or removal from the jurisdiction is based. 2. Direct law enforcement officers to take physical custody of the child immediately. 3. Provide for the placement of the child pending final relief. D. The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. E. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. F. The court may impose conditions on placement of a child to ensure the appearance of the child and the child's custodian.
25-1062 Costs, fees and expenses
A. The court shall award the prevailing party, including a state, necessary and
reasonable expenses incurred by or on behalf of the party, including costs, communication
expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and
child care during the course of the proceedings, unless the party from whom fees or
expenses are sought establishes that the award is clearly inappropriate.
B. The court shall not assess fees, costs or expenses against a state unless
authorized by law other than this chapter.
25-1063 Recognition and enforcement A court of this state shall accord full faith and credit to an order that is issued by another state, that is consistent with this chapter and that 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 of this chapter.
25-1064 Appeals
An appeal may be taken from a final order in a proceeding under this article in
accordance with expedited appellate procedures in other civil cases. Unless the court
enters a temporary emergency order under section 25-1034, the enforcing court shall not
stay an order enforcing a child custody determination pending appeal.
25-1065 Role of attorney general A. In a case that arises under this chapter or that involves the Hague convention on the civil aspects of international child abduction, the attorney general may take any lawful action, including resorting to a proceeding under this article or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is any of the following: 1. An existing child custody determination. 2. A request to do so from a court in a pending child custody proceeding. 3. A reasonable belief that a criminal statute has been violated. 4. A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction. B. The attorney general acting pursuant to this section acts on behalf of the court and shall not represent any party.
25-1066 Role of law enforcement
At the request of the attorney general who acts pursuant to section 25-1065, a law
enforcement officer may take any lawful action reasonably necessary to locate a child or
a party to assist the attorney general.
25-1067 Costs and expenses
If the respondent is not the prevailing party, the court may assess against the
respondent all direct expenses and costs incurred by the attorney general and law
enforcement officers who act pursuant to section 25-1065 and 25-1066.
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