Section 32-11-309 – SERVICE OF PETITION AND ORDER.
32-11-309. SERVICE OF PETITION AND ORDER. Except as otherwise provided in section 32-11-311, Idaho Code, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child. History: [32-11-309, added 2000, ch. 227, sec. 2, p. 637.]
Section 32-11-310 – HEARING AND ORDER.
32-11-310. HEARING AND ORDER. (a) Unless the court issues a temporary emergency order pursuant to section 32-11-204, Idaho Code, 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) […]
Section 32-11-311 – WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
32-11-311. 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 immediately likely to suffer serious physical harm or be […]
Section 32-11-312 – COSTS — FEES — EXPENSES.
32-11-312. COSTS — FEES — 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’s fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from […]
Section 32-11-313 – RECOGNITION AND ENFORCEMENT.
32-11-313. 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 […]
Section 32-11-314 – APPEALS.
32-11-314. APPEALS. An appeal may be taken from a final order in a proceeding under this chapter. The court shall make every effort to expedite the appeal. Unless the court enters a temporary emergency order under section 32-11-204, Idaho Code, the enforcing court may not stay an order enforcing a child custody determination pending appeal. […]
Section 32-11-315 – ROLE OF COUNTY PROSECUTING ATTORNEY.
32-11-315. ROLE OF COUNTY PROSECUTING ATTORNEY. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a child, obtain […]
Section 32-11-316 – ROLE OF LAW ENFORCEMENT.
32-11-316. ROLE OF LAW ENFORCEMENT. At the request of the county prosecuting attorney acting under section 32-11-315, Idaho Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the county prosecuting attorney with responsibilities under section 32-11-315, Idaho Code. History: [32-11-316, added 2000, ch. […]
Section 32-11-317 – COSTS AND EXPENSES.
32-11-317. 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 county prosecuting attorney and law enforcement officers under section 32-11-315 or 32-11-316, Idaho Code. History: [32-11-317, added 2000, ch. 227, sec. 2, p. 639.]
Section 32-11-302 – ENFORCEMENT UNDER HAGUE CONVENTION.
32-11-302. ENFORCEMENT UNDER HAGUE CONVENTION. Under this chapter 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. History: [32-11-302, added 2000, ch. 227, sec. 2, p. 634.]