722.1301 “Petitioner” and “respondent” defined. Sec. 301. As used in this article: (a) “Petitioner” means a person who seeks enforcement of a child-custody determination or enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction. (b) “Respondent” means a person against whom a proceeding […]
722.1302 Enforcement; temporary order. Sec. 302. (1) This article may be invoked to enforce 1 or both of the following: (a) A child-custody determination. (b) An order for the return of a child made under the Hague convention on the civil aspects of international child abduction. (2) A court of this state that does not […]
722.1303 Child custody determination by out-of-state court; enforcement; remedy. Sec. 303. (1) 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 that was in substantial conformity with this act or the child-custody determination was made under factual circumstances meeting the […]
722.1304 Registered child-custody determination; requirements. Sec. 304. (1) 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 all of the following to the circuit court in this state: (a) A letter or other document requesting registration. (b) Two […]
722.1305 Registered child-custody determination; enforcement. Sec. 305. (1) 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. (2) A court of this state shall recognize and enforce, but shall not modify except in accordance […]
722.1306 Commencement of in-state enforcement proceeding; out-of-state modification proceeding; communication of enforcing court with modifying court. Sec. 306. If a proceeding for enforcement under this article is commenced in this state and a court of this state determines that a proceeding to modify the child-custody determination has been commenced in another state having jurisdiction to […]
722.1307 Petition for enforcement of child-custody determination; contents; filing; hearing. Sec. 307. (1) A petition under this article must be verified. A certified copy of a child-custody determination sought to be enforced and of the order confirming registration, if any, must be attached to the petition. A copy of a certified copy of an order […]
722.1308 Petition and order; service. Sec. 308. Except as otherwise provided in section 310, the petition and order must be served, by a method authorized by the law of this state, upon respondent and any person who has physical custody of the child. History: 2001, Act 195, Eff. Apr. 1, 2002
722.1309 Delivery of child to petitioner; grounds for exception; expenses; additional relief; refusal to testify; inference; privilege against disclosure. Sec. 309. (1) Unless the court issues a temporary emergency order as provided in section 204, upon a finding that a petitioner is immediately entitled to the physical custody of the child, the court shall order […]
722.1310 Warrant to take physical custody of child. Sec. 310. (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 warrant to take physical custody of the child if the child is likely to suffer serious imminent physical harm or […]
722.1311 Assessment of expenses. Sec. 311. (1) 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, witness expenses, travel expenses, and child care expenses during the course of the proceedings, unless the party from […]
722.1312 Full faith and credit. Sec. 312. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this act that 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 […]
722.1313 Appeal. Sec. 313. 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 204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal. History: […]
722.1314 International child abduction; actions by prosecutor or attorney general. Sec. 314. (1) In a case arising under this act or involving the Hague convention on the civil aspects of international child abduction, a prosecutor or the attorney general may take any lawful action, including resort to a proceeding under this article or another available […]
722.1315 Actions by law enforcement officer. Sec. 315. At the request of a prosecutor or the attorney general acting under section 314, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and to assist the prosecutor or attorney general with responsibilities under section 314. History: 2001, […]
722.1316 Expenses of prosecutor or attorney general and law enforcement officers; assessment against respondent. Sec. 316. 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 314 or 315. History: 2001, Act […]
