§ 1930. Definitions. In this subchapter: (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 […]
§ 1931. Enforcement under Hague Convention. Under this subchapter 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. 73 Del. Laws, c. 426, § 1;
§ 1932. 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 […]
§ 1933. 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: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody determination of another state that does not provide […]
§ 1934. 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 court: (1) A letter or other document requesting registration; (2) Two copies, including 1 certified copy, of the […]
§ 1935. 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 may not modify, except in accordance […]
§ 1936. Simultaneous proceedings. If a proceeding for enforcement under this subchapter 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 subchapter II of this chapter, the enforcing court shall […]
§ 1937. Expedited enforcement of child custody determination. (a) A petition under this subchapter 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) […]
§ 1938. Service of petition and order. Except as otherwise provided in § 1940 of this title, the petition and order must be served, by any method authorized by law upon respondent and any person who has physical custody of the child. 73 Del. Laws, c. 426, § 1;
§ 1939. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, 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 […]
§ 1940. 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 imminently likely to suffer serious physical harm or […]
§ 1941. 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, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from […]
§ 1942. 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 […]
§ 1943. Appeals. An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 1923 of this title, the enforcing court may not stay an order enforcing a child custody determination […]
