Section 313 – Recognition and enforcement.
78B-13-313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order made consistently 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 authorized to do so under Part 2, Jurisdiction. […]
Section 314 – Appeals.
78B-13-314. Appeals. An appeal may be taken from an order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 78B-13-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal. Renumbered and Amended […]
Section 315 – Role of prosecutor or attorney general.
78B-13-315. Role of prosecutor or attorney general. (1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or Attorney General may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a […]
Section 316 – Role of law enforcement.
78B-13-316. Role of law enforcement. At the request of a prosecutor or the attorney general acting under Section 78B-13-315 a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or attorney general with responsibilities under Section 78B-13-315. Renumbered and Amended by Chapter 3, […]
Section 317 – Costs and expenses.
78B-13-317. 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 prosecutor or attorney general and law enforcement officers under Section 78B-13-315 or 78B-13-316. Renumbered and Amended by Chapter 3, 2008 General Session
Section 318 – Transitional provision.
78B-13-318. Transitional provision. A motion or other request for relief made in a child custody or enforcement proceeding which was commenced before the effective date of this chapter is governed by the law in effect at the time the motion or other request was made. Renumbered and Amended by Chapter 3, 2008 General Session
Section 308 – Expedited enforcement of child custody determination.
78B-13-308. Expedited enforcement of child custody determination. (1) A petition under this part shall be verified. Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. […]
Section 309 – Service of petition and order.
78B-13-309. Service of petition and order. Except as otherwise provided in Section 78B-13-311, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child. Renumbered and Amended by Chapter 3, 2008 General Session
Section 310 – Hearing and order.
78B-13-310. Hearing and order. (1) Unless the court enters a temporary emergency order pursuant to Section 78B-13-204, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that: (a) the child custody determination has not […]
Section 311 – Writ to take physical custody of child.
78B-13-311. Writ to take physical custody of child. (1) 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 writ of assistance to take physical custody of the child if the child is likely to suffer serious imminent physical harm […]