78B-13-302. Scope — Hague Convention Enforcement. This chapter may be invoked to enforce: (1) a child custody determination; and (2) an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction. Renumbered and Amended by Chapter 3, 2008 General Session
78B-13-303. Duty to enforce. (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 chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the […]
78B-13-304. Temporary parent-time. (1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) a parent-time schedule made by a court of another state; or (b) the parent-time provisions of a child custody determination of another state that does not provide for […]
78B-13-305. Registration of child custody determination. (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 to the district court in this state: (a) a letter or other document requesting registration; (b) two copies, including one certified […]
78B-13-306. Enforcement of registered determination. (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 may not modify except in accordance with […]
78B-13-307. Simultaneous proceedings. If a proceeding for enforcement under this part has been or is commenced in this state and a court of this state determines that a proceeding to modify the determination has been commenced in another state having jurisdiction to modify the determination under Part 2, Jurisdiction, the enforcing court shall immediately communicate […]
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. […]
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
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 […]
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 […]
78B-13-312. Costs, fees, and expenses. (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, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom […]
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. […]
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 […]
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 […]
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, […]
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
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
