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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
