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Section 20-5-401 – Definitions.

20-5-401. Definitions. (a) As used in this article: (i) “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; (ii) “Respondent” means a person against whom a proceeding has been commenced […]

Section 20-5-402 – Enforcement Under the Hague Convention.

20-5-402. Enforcement under the 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.

Section 20-5-403 – Duty to Enforce.

20-5-403. 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 act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination has […]

Section 20-5-404 – Temporary Visitation.

20-5-404. 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: (i) A visitation schedule made by a court of another state; or (ii) The visitation provisions of a child custody determination of another state that does not provide for […]

Section 20-5-405 – Registration of Child Custody Determination.

20-5-405. 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: (i) A letter or other document requesting registration; (ii) Two (2) copies, including one […]

Section 20-5-406 – Enforcement of Registered Determination.

20-5-406. 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 […]

Section 20-5-407 – Simultaneous Proceedings.

20-5-407. 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 a provision of law from that state that is in […]

Section 20-5-408 – Expedited Enforcement of Child Custody Determination.

20-5-408. Expedited enforcement of child custody determination. (a) A petition under this article in which the petitioner is seeking expedited enforcement shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order may […]

Section 20-5-409 – Service of Petition and Order.

20-5-409. Service of petition and order. Except as provided in W.S. 20-5-411, the petition and order shall be served by any method authorized by the law of this state upon the respondent and any person who has physical custody of the child.

Section 20-5-410 – Hearing and Order.

20-5-410. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to W.S. 20-5-304, 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 either that: (i) The […]

Section 20-5-411 – Warrant to Take Physical Custody of a Child.

20-5-411. Warrant to take physical custody of a 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 […]

Section 20-5-412 – Costs, Fees and Expenses.

20-5-412. 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 […]

Section 20-5-413 – Recognition and Enforcement.

20-5-413. 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 act 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 20-5-414 – Appeals.

20-5-414. 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 W.S. 20-5-304, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

Section 20-5-415 – Role of Prosecutor or Other Appropriate Public Official.

20-5-415. Role of prosecutor or other appropriate public official. (a) In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil […]

Section 20-5-416 – Role of Law Enforcement.

20-5-416. Role of law enforcement. At the request of a prosecutor or other appropriate public official acting under W.S. 20-5-415, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or other appropriate public official with responsibilities under W.S. 20-5-415.

Section 20-5-417 – Costs and Expenses.

20-5-417. 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 other appropriate public official and law enforcement officers under W.S. 20-5-415 or 20-5-416.