First Regular Session
Sixty-second General Assembly
LLS NO. 99-0774.01 Jennifer Gilroy HOUSE BILL 99-1341
STATE OF COLORADO
BY REPRESENTATIVE Kaufman;
also SENATOR Perlmutter.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE "UNIFORM CHILD-CUSTODY JURISDICTION AND
102 ENFORCEMENT ACT".
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Repeals the "Uniform Child Custody Jurisdiction Act" and enacts
the "Uniform Child-custody Jurisdiction and Enforcement Act" (the
"act") based upon the official text of the "Uniform Child-custody
Jurisdiction and Enforcement Act (1997)" issued by the national
conference of commissioners on uniform state laws. In enacting the act,
makes the following changes:
Definitions:
Defines "child" as an individual who has not attained 18
years of age.
Clarifies that a "child-custody determination" includes
permanent, temporary, initial, and modification orders.
Clarifies that a "child-custody proceeding" includes
proceedings addressing divorce, dissolution of marriage,
separation, visitation, parenting time, grandparent
visitation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection
from domestic violence.
Defines certain other pertinent terms.
Application of Act:
Specifies that the new act does not govern adoption
proceedings or proceedings to authorize emergency
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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medical care for a child.
Provides that a foreign country shall be treated the same as
a state for purposes of the act, and child-custody
determinations made in that country shall be recognized
and enforced if made in substantial conformity with the
jurisdictional standards of this act, unless the child custody
law of the foreign country violates fundamental principles
of human rights.
Personal Jurisdiction:
Provides that a child-custody determination made in this
state binds all persons who have been served in accordance
with this state's laws or who have submitted to the court's
jurisdiction.
Allows notice to persons residing outside the state and
proof of service to be made by any method authorized by
either the state issuing the notice or the state receiving the
notice.
Limits the scope for which personal jurisdiction shall apply
to those who are in the state solely to participate in a
custody proceeding or enforcement action.
Specifies that limited immunity from personal jurisdiction
does not extend to civil litigation based on acts unrelated to
participation in a custody proceeding.
Interstate Actions:
Authorizes a court of this state to communicate with a
court in another state concerning a child-custody
proceeding.
Allows a court to permit deposition or testimony to be
taken by telephone, audiovisual means, or other electronic
means.
Provides for cooperation between courts of different states.
Specifies that neither minimum contacts nor service within
the state is required for the court to have jurisdiction to
make custody determinations.
Jurisdiction Determinations:
Prioritizes the jurisdiction of the home state over other
jurisdictional bases.
Identifies one basis for custody jurisdiction to be the child's
or parent's significant connections with Colorado and
substantial evidence concerning the child's care, protection,
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training, and personal relationships is available when a court of another
jurisdiction does not have jurisdiction or declines to exercise it.
Eliminates the best interests of the child requirements.
Establishes another basis for custody jurisdiction when all
states with jurisdiction determine that Colorado is the more
appropriate forum.
Clarifies that emergency jurisdiction may only be exercised
on a temporary basis. Directs the court exercising
emergency jurisdiction to communicate with the other
courts having jurisdiction.
Clarifies that the decree-granting state retains exclusive
continuing jurisdiction to modify a decree, and specifies
when the exclusive continuing jurisdiction ends.
Eliminates the provision authorizing a court to dismiss a
custody proceeding if another court is the more convenient
forum, and directs the court to stay the proceeding instead.
Removes the authority of the court to assess fees and costs
against the parties if the court was clearly an inappropriate
court to hear the matter.
Modification of Custody:
Prohibits a court from modifying a custody determination
made by a court of another state consistently with the act
unless the other court determines it no longer has
exclusive, continuing jurisdiction or that it is not the more
convenient forum.
Procedural Provisions:
Defaults to the requirements of local law concerning who
must receive notice of custody proceedings.
Eliminates provisions concerning joinder of parties.
Expands the bases of unjustifiable conduct for which
custody jurisdiction will be declined.
Authorizes a court to stay a custody proceeding until the
information concerning other custody proceedings is
provided.
Enforcement:
Authorizes a court to enforce an order for the return of a
child made under the "Hague Convention on the Civil
Aspects of International Child Abduction".
Directs a court to recognize and enforce a child-custody
determination of a court of another state if the latter court
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exercised jurisdiction in substantial conformity with this act or pursuant
to the jurisdictional standards of this act.
Authorizes a court to issue a temporary order if necessary
to enforce visitation or parenting time rights.
Establishes a registration procedure to be used to
predetermine the enforceability of a child-custody
determination.
Provides that a registered child-custody determination may
be enforced as if it were a child-custody determination of
this state.
Establishes the remedy to be used for enforcement in
interstate cases.
Establishes a limited number of defenses to the
enforcement of child-custody determinations.
Establishes procedures for the issuance of a warrant to take
physical custody of a child to protect the child from
imminent, serious physical harm or removal from the state.
Permits a court to award fees and costs against the
non-prevailing party, unless the non-prevailing party
demonstrates that such an award would be clearly
inappropriate.
Miscellaneous:
Directs that, in applying the act, consideration be given to
the need to promote uniformity of the law.
Makes provisions of the act severable.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 13 of title 14, Colorado Revised Statutes,
3 is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
4 ARTICLE 13
5 Uniform Child-custody Jurisdiction
6 and Enforcement Act
7 PART 1
8 GENERAL PROVISIONS
9 14-13-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
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1 BE CITED AS THE "UNIFORM CHILD-CUSTODY JURISDICTION AND
2 ENFORCEMENT ACT".
3 14-13-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
4 CONTEXT OTHERWISE REQUIRES:
5 (1) "ABANDONED" MEANS LEFT WITHOUT PROVISION FOR
6 REASONABLE AND NECESSARY CARE OR SUPERVISION.
7 (2) "CHILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED
8 EIGHTEEN YEARS OF AGE.
9 (3) "CHILD-CUSTODY DETERMINATION" MEANS A JUDGMENT,
10 DECREE, OR OTHER ORDER OF A COURT PROVIDING FOR THE LEGAL
11 CUSTODY OR PHYSICAL CUSTODY OF A CHILD OR ALLOCATING PARENTAL
12 RESPONSIBILITIES WITH RESPECT TO A CHILD OR PROVIDING FOR
13 VISITATION, PARENTING TIME, OR GRANDPARENT VISITATION WITH
14 RESPECT TO A CHILD. THE TERM INCLUDES A PERMANENT, TEMPORARY,
15 INITIAL, AND MODIFICATION ORDER. THE TERM DOES NOT INCLUDE AN
16 ORDER RELATING TO CHILD SUPPORT OR OTHER MONETARY OBLIGATION OF
17 AN INDIVIDUAL.
18 (4) "CHILD-CUSTODY PROCEEDING" MEANS A PROCEEDING IN
19 WHICH LEGAL CUSTODY OR PHYSICAL CUSTODY WITH RESPECT TO A CHILD
20 OR THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A
21 CHILD OR VISITATION, PARENTING TIME, OR GRANDPARENT VISITATION
22 WITH RESPECT TO A CHILD IS AN ISSUE. THE TERM INCLUDES A
23 PROCEEDING FOR DIVORCE, DISSOLUTION OF MARRIAGE, SEPARATION,
24 NEGLECT, ABUSE, DEPENDENCY, GUARDIANSHIP, PATERNITY, TERMINATION
25 OF PARENTAL RIGHTS, AND PROTECTION FROM DOMESTIC VIOLENCE AND
26 DOMESTIC ABUSE, IN WHICH THE ISSUE MAY APPEAR. THE TERM DOES NOT
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1 INCLUDE A PROCEEDING INVOLVING JUVENILE DELINQUENCY,
2 CONTRACTUAL EMANCIPATION, OR ENFORCEMENT UNDER PART 3 OF THIS
3 ARTICLE.
4 (5) "COMMENCEMENT" MEANS THE FILING OF THE FIRST PLEADING
5 IN A PROCEEDING.
6 (6) "COURT" MEANS AN ENTITY AUTHORIZED UNDER THE LAW OF
7 A STATE TO ESTABLISH, ENFORCE, OR MODIFY A CHILD-CUSTODY
8 DETERMINATION.
9 (7) "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED
10 WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX
11 CONSECUTIVE MONTHS IMMEDIATELY BEFORE THE COMMENCEMENT OF A
12 CHILD-CUSTODY PROCEEDING. IN THE CASE OF A CHILD LESS THAN SIX
13 MONTHS OF AGE, THE TERM MEANS THE STATE IN WHICH THE CHILD LIVED
14 FROM BIRTH WITH ANY OF THE PERSONS MENTIONED. A PERIOD OF
15 TEMPORARY ABSENCE OF ANY OF THE MENTIONED PERSONS IS PART OF THE
16 PERIOD.
17 (8) "INITIAL DETERMINATION" MEANS THE FIRST CHILD-CUSTODY
18 DETERMINATION CONCERNING A PARTICULAR CHILD.
19 (9) "ISSUING COURT" MEANS THE COURT THAT MAKES A
20 CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT IS SOUGHT
21 UNDER THIS ARTICLE.
22 (10) "ISSUING STATE" MEANS THE STATE IN WHICH A
23 CHILD-CUSTODY DETERMINATION IS MADE.
24 (11) "MODIFICATION" MEANS A CHILD-CUSTODY DETERMINATION
25 THAT CHANGES, REPLACES, SUPERSEDES, OR IS OTHERWISE MADE AFTER A
26 PREVIOUS DETERMINATION CONCERNING THE SAME CHILD, WHETHER OR
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1 NOT IT IS MADE BY THE COURT THAT MADE THE PREVIOUS DETERMINATION.
2 (12) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS
3 TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY,
4 ASSOCIATION, JOINT VENTURE, GOVERNMENT, GOVERNMENTAL
5 SUBDIVISION, AGENCY, OR INSTRUMENTALITY, PUBLIC CORPORATION, OR
6 ANY OTHER LEGAL OR COMMERCIAL ENTITY.
7 (13) "PERSON ACTING AS A PARENT" MEANS A PERSON, OTHER
8 THAN A PARENT, WHO:
9 (a) HAS PHYSICAL CUSTODY OF THE CHILD OR HAS HAD PHYSICAL
10 CUSTODY FOR A PERIOD OF SIX CONSECUTIVE MONTHS, INCLUDING ANY
11 TEMPORARY ABSENCE, WITHIN ONE YEAR IMMEDIATELY BEFORE THE
12 COMMENCEMENT OF A CHILD-CUSTODY PROCEEDING; AND
13 (b) HAS BEEN AWARDED LEGAL CUSTODY OR ALLOCATED
14 PARENTAL RESPONSIBILITIES WITH RESPECT TO A CHILD BY A COURT OR
15 CLAIMS A RIGHT TO LEGAL CUSTODY OR PARENTAL RESPONSIBILITIES
16 UNDER THE LAW OF THIS STATE.
17 (14) "PHYSICAL CUSTODY" MEANS THE PHYSICAL CARE AND
18 SUPERVISION OF A CHILD.
19 (15) "STATE" MEANS A STATE OF THE UNITED STATES, THE
20 DISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN
21 ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE
22 JURISDICTION OF THE UNITED STATES.
23 (16) "WARRANT" MEANS AN ORDER ISSUED BY A COURT
24 AUTHORIZING LAW ENFORCEMENT OFFICERS TO TAKE PHYSICAL CUSTODY
25 OF A CHILD.
26 14-13-103. Proceedings governed by other law. THIS ARTICLE
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1 DOES NOT GOVERN AN ADOPTION PROCEEDING OR A PROCEEDING
2 PERTAINING TO THE AUTHORIZATION OF EMERGENCY MEDICAL CARE FOR
3 A CHILD.
4 14-13-104. International application of article. (1) A COURT OF
5 THIS STATE SHALL TREAT A FOREIGN COUNTRY AS IF IT WERE A STATE OF
6 THE UNITED STATES FOR THE PURPOSE OF APPLYING THIS PART 1 AND PART
7 2 OF THIS ARTICLE.
8 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS
9 SECTION, A CHILD-CUSTODY DETERMINATION MADE IN A FOREIGN
10 COUNTRY UNDER FACTUAL CIRCUMSTANCES IN SUBSTANTIAL CONFORMITY
11 WITH THE JURISDICTIONAL STANDARDS OF THIS ARTICLE MUST BE
12 RECOGNIZED AND ENFORCED UNDER PART 3 OF THIS ARTICLE.
13 (3) A COURT OF THIS STATE NEED NOT APPLY THIS ARTICLE IF THE
14 CHILD-CUSTODY LAW OF A FOREIGN COUNTRY VIOLATES FUNDAMENTAL
15 PRINCIPLES OF HUMAN RIGHTS.
16 14-13-105. Effect of child-custody determination. A
17 CHILD-CUSTODY DETERMINATION MADE BY A COURT OF THIS STATE THAT
18 HAD JURISDICTION UNDER THIS ARTICLE BINDS ALL PERSONS WHO HAVE
19 BEEN SERVED IN ACCORDANCE WITH THE LAWS OF THIS STATE OR NOTIFIED
20 IN ACCORDANCE WITH SECTION 14-13-108 OR WHO HAVE SUBMITTED TO
21 THE JURISDICTION OF THE COURT, AND WHO HAVE BEEN GIVEN AN
22 OPPORTUNITY TO BE HEARD. AS TO THOSE PERSONS, THE DETERMINATION
23 IS CONCLUSIVE AS TO ALL DECIDED ISSUES OF LAW AND FACT EXCEPT TO
24 THE EXTENT THE DETERMINATION IS MODIFIED.
25 14-13-106. Priority. IF A QUESTION OF EXISTENCE OR EXERCISE
26 OF JURISDICTION UNDER THIS ARTICLE IS RAISED IN A CHILD-CUSTODY
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1 PROCEEDING, THE QUESTION, UPON REQUEST OF A PARTY, MUST BE GIVEN
2 PRIORITY ON THE CALENDAR AND HANDLED EXPEDITIOUSLY.
3 14-13-107. (Reserved)
4 14-13-108. Notice to persons outside state. (1) NOTICE
5 REQUIRED FOR THE EXERCISE OF JURISDICTION WHEN A PERSON IS OUTSIDE
6 THIS STATE MAY BE GIVEN IN A MANNER PRESCRIBED BY THE LAW OF THIS
7 STATE FOR SERVICE OF PROCESS OR BY THE LAW OF THE STATE IN WHICH
8 THE SERVICE IS MADE. NOTICE MUST BE GIVEN IN A MANNER REASONABLY
9 CALCULATED TO GIVE ACTUAL NOTICE BUT MAY BE BY PUBLICATION IF
10 OTHER MEANS ARE NOT EFFECTIVE.
11 (2) PROOF OF SERVICE MAY BE MADE IN THE MANNER PRESCRIBED
12 BY THE LAW OF THIS STATE OR BY THE LAW OF THE STATE IN WHICH THE
13 SERVICE IS MADE.
14 (3) NOTICE IS NOT REQUIRED FOR THE EXERCISE OF JURISDICTION
15 WITH RESPECT TO A PERSON WHO SUBMITS TO THE JURISDICTION OF THE
16 COURT.
17 14-13-109. Appearance and limited immunity. (1) A PARTY TO
18 A CHILD-CUSTODY PROCEEDING, INCLUDING A MODIFICATION PROCEEDING,
19 OR A PETITIONER OR RESPONDENT IN A PROCEEDING TO ENFORCE OR
20 REGISTER A CHILD-CUSTODY DETERMINATION, IS NOT SUBJECT TO
21 PERSONAL JURISDICTION IN THIS STATE FOR ANOTHER PROCEEDING OR
22 PURPOSE SOLELY BY REASON OF HAVING PARTICIPATED, OR OF HAVING
23 BEEN PHYSICALLY PRESENT FOR THE PURPOSE OF PARTICIPATING, IN THE
24 PROCEEDING.
25 (2) A PERSON WHO IS SUBJECT TO PERSONAL JURISDICTION IN THIS
26 STATE ON A BASIS OTHER THAN PHYSICAL PRESENCE IS NOT IMMUNE FROM
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1 SERVICE OF PROCESS IN THIS STATE. A PARTY PRESENT IN THIS STATE WHO
2 IS SUBJECT TO THE JURISDICTION OF ANOTHER STATE IS NOT IMMUNE FROM
3 SERVICE OF PROCESS ALLOWABLE UNDER THE LAWS OF THAT STATE.
4 (3) THE IMMUNITY GRANTED BY SUBSECTION (1) OF THIS SECTION
5 DOES NOT EXTEND TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO
6 THE PARTICIPATION IN A PROCEEDING UNDER THIS ARTICLE COMMITTED BY
7 AN INDIVIDUAL WHILE PRESENT IN THIS STATE.
8 14-13-110. Communication between courts. (1) A COURT OF
9 THIS STATE MAY COMMUNICATE WITH A COURT IN ANOTHER STATE
10 CONCERNING A PROCEEDING ARISING UNDER THIS ARTICLE.
11 (2) THE COURT MAY ALLOW THE PARTIES TO PARTICIPATE IN THE
12 COMMUNICATION. IF THE PARTIES ARE NOT ABLE TO PARTICIPATE IN THE
13 COMMUNICATION, THEY MUST BE GIVEN THE OPPORTUNITY TO PRESENT
14 FACTS AND LEGAL ARGUMENTS BEFORE A DECISION ON JURISDICTION IS
15 MADE.
16 (3) COMMUNICATION BETWEEN COURTS ON SCHEDULES,
17 CALENDARS, COURT RECORDS, AND SIMILAR MATTERS MAY OCCUR
18 WITHOUT INFORMING THE PARTIES. A RECORD NEED NOT BE MADE OF THE
19 COMMUNICATION.
20 (4) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS
21 SECTION, A RECORD MUST BE MADE OF A COMMUNICATION UNDER THIS
22 SECTION. THE PARTIES MUST BE INFORMED PROMPTLY OF THE
23 COMMUNICATION AND GRANTED ACCESS TO THE RECORD.
24 (5) FOR THE PURPOSES OF THIS SECTION, "RECORD" MEANS
25 INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM OR THAT IS
26 STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
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1 PERCEIVABLE FORM.
2 14-13-111. Taking testimony in another state. (1) IN ADDITION
3 TO OTHER PROCEDURES AVAILABLE TO A PARTY, A PARTY TO A
4 CHILD-CUSTODY PROCEEDING OR A GUARDIAN AD LITEM OR OTHER
5 REPRESENTATIVE OF THE CHILD MAY OFFER TESTIMONY OF WITNESSES
6 WHO ARE LOCATED IN ANOTHER STATE, INCLUDING TESTIMONY OF THE
7 PARTIES AND THE CHILD, BY DEPOSITION OR OTHER MEANS ALLOWABLE IN
8 THIS STATE FOR TESTIMONY TAKEN IN ANOTHER STATE. THE COURT ON ITS
9 OWN MOTION MAY ORDER THAT THE TESTIMONY OF A PERSON BE TAKEN IN
10 ANOTHER STATE AND MAY PRESCRIBE THE MANNER IN WHICH AND THE
11 TERMS UPON WHICH THE TESTIMONY IS TAKEN.
12 (2) A COURT OF THIS STATE MAY PERMIT AN INDIVIDUAL RESIDING
13 IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY TELEPHONE,
14 AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS BEFORE A
15 DESIGNATED COURT OR AT ANOTHER LOCATION IN THAT STATE. A COURT
16 OF THIS STATE SHALL COOPERATE WITH COURTS OF OTHER STATES IN
17 DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR
18 TESTIMONY.
19 (3) DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER
20 STATE TO A COURT OF THIS STATE BY TECHNOLOGICAL MEANS THAT DO
21 NOT PRODUCE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM
22 EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.
23 14-13-112. Cooperation between courts - preservation of
24 records. (1) A COURT OF THIS STATE MAY REQUEST THE APPROPRIATE
25 COURT OF ANOTHER STATE TO:
26 (a) HOLD AN EVIDENTIARY HEARING;
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1 (b) ORDER A PERSON TO PRODUCE OR GIVE EVIDENCE PURSUANT
2 TO PROCEDURES OF THAT STATE;
3 (c) ORDER THAT AN EVALUATION BE MADE WITH RESPECT TO THE
4 CUSTODY OR ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT
5 TO A CHILD INVOLVED IN A PENDING PROCEEDING;
6 (d) FORWARD TO THE COURT OF THIS STATE A CERTIFIED COPY OF
7 THE TRANSCRIPT OF THE RECORD OF THE HEARING, THE EVIDENCE
8 OTHERWISE PRESENTED, AND ANY EVALUATION PREPARED IN COMPLIANCE
9 WITH THE REQUEST; AND
10 (e) ORDER A PARTY TO A CHILD-CUSTODY PROCEEDING OR ANY
11 PERSON HAVING PHYSICAL CUSTODY OF THE CHILD TO APPEAR IN THE
12 PROCEEDING WITH OR WITHOUT THE CHILD.
13 (2) UPON REQUEST OF A COURT OF ANOTHER STATE, A COURT OF
14 THIS STATE MAY HOLD A HEARING OR ENTER AN ORDER DESCRIBED IN
15 SUBSECTION (1) OF THIS SECTION.
16 (3) TRAVEL AND OTHER NECESSARY AND REASONABLE EXPENSES
17 INCURRED UNDER SUBSECTIONS (1) AND (2) OF THIS SECTION MAY BE
18 ASSESSED AGAINST THE PARTIES ACCORDING TO THE LAW OF THIS STATE.
19 (4) A COURT OF THIS STATE SHALL PRESERVE THE PLEADINGS,
20 ORDERS, DECREES, RECORDS OF HEARINGS, EVALUATIONS, AND OTHER
21 PERTINENT RECORDS WITH RESPECT TO A CHILD-CUSTODY PROCEEDING
22 UNTIL THE CHILD ATTAINS EIGHTEEN YEARS OF AGE. UPON APPROPRIATE
23 REQUEST BY A COURT OR LAW ENFORCEMENT OFFICIAL OF ANOTHER
24 STATE, THE COURT SHALL FORWARD A CERTIFIED COPY OF THOSE
25 RECORDS.
26 PART 2
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1 JURISDICTION
2 14-13-201. Initial child-custody jurisdiction. (1) EXCEPT AS
3 OTHERWISE PROVIDED IN SECTION 14-13-204, A COURT OF THIS STATE HAS
4 JURISDICTION TO MAKE AN INITIAL CHILD-CUSTODY DETERMINATION ONLY
5 IF:
6 (a) THIS STATE IS THE HOME STATE OF THE CHILD ON THE DATE OF
7 THE COMMENCEMENT OF THE PROCEEDING, OR WAS THE HOME STATE OF
8 THE CHILD WITHIN SIX MONTHS BEFORE THE COMMENCEMENT OF THE
9 PROCEEDING AND THE CHILD IS ABSENT FROM THIS STATE BUT A PARENT OR
10 PERSON ACTING AS A PARENT CONTINUES TO LIVE IN THIS STATE;
11 (b) A COURT OF ANOTHER STATE DOES NOT HAVE JURISDICTION
12 UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN
13 SUBSTANTIAL CONFORMITY WITH PARAGRAPH (a) OF THIS SUBSECTION (1),
14 OR A COURT OF THE HOME STATE OF THE CHILD HAS DECLINED TO EXERCISE
15 JURISDICTION ON THE GROUND THAT THIS STATE IS THE MORE APPROPRIATE
16 FORUM UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN
17 SUBSTANTIAL CONFORMITY WITH SECTION 14-13-207 OR 14-13-208, AND:
18 (I) THE CHILD AND THE CHILD'S PARENTS, OR THE CHILD AND AT
19 LEAST ONE PARENT OR A PERSON ACTING AS A PARENT, HAVE A
20 SIGNIFICANT CONNECTION WITH THIS STATE OTHER THAN MERE PHYSICAL
21 PRESENCE; AND
22 (II) SUBSTANTIAL EVIDENCE IS AVAILABLE IN THIS STATE
23 CONCERNING THE CHILD'S CARE, PROTECTION, TRAINING, AND PERSONAL
24 RELATIONSHIPS;
25 (c) ALL COURTS HAVING JURISDICTION UNDER A PROVISION OF LAW
26 ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH
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1 PARAGRAPH (a) OR (b) OF THIS SUBSECTION (1) HAVE DECLINED TO
2 EXERCISE JURISDICTION ON THE GROUND THAT A COURT OF THIS STATE IS
3 THE MORE APPROPRIATE FORUM TO DETERMINE THE CUSTODY OF THE
4 CHILD UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN
5 SUBSTANTIAL CONFORMITY WITH SECTION 14-13-207 OR 14-13-208; OR
6 (d) NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION
7 UNDER THE CRITERIA SPECIFIED IN A PROVISION OF LAW ADOPTED BY THAT
8 STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH PARAGRAPH (a), (b), OR
9 (c) OF THIS SUBSECTION (1).
10 (2) SUBSECTION (1) OF THIS SECTION IS THE EXCLUSIVE
11 JURISDICTIONAL BASIS FOR MAKING A CHILD-CUSTODY DETERMINATION BY
12 A COURT OF THIS STATE.
13 (3) PHYSICAL PRESENCE OF, OR PERSONAL JURISDICTION OVER, A
14 PARTY OR A CHILD IS NOT NECESSARY OR SUFFICIENT TO MAKE A
15 CHILD-CUSTODY DETERMINATION.
16 14-13-202. Exclusive, continuing jurisdiction. (1) EXCEPT AS
17 OTHERWISE PROVIDED IN SECTION 14-13-204, A COURT OF THIS STATE
18 THAT HAS MADE A CHILD-CUSTODY DETERMINATION CONSISTENT WITH
19 SECTION 14-13-201 OR 14-13-203 HAS EXCLUSIVE, CONTINUING
20 JURISDICTION OVER THE DETERMINATION UNTIL:
21 (a) A COURT OF THIS STATE DETERMINES THAT THE CHILD, THE
22 CHILD'S PARENTS, AND ANY PERSON ACTING AS A PARENT DO NOT HAVE A
23 SIGNIFICANT CONNECTION WITH THIS STATE AND THAT SUBSTANTIAL
24 EVIDENCE IS NO LONGER AVAILABLE IN THIS STATE CONCERNING THE
25 CHILD'S CARE, PROTECTION, TRAINING, AND PERSONAL RELATIONSHIPS; OR
26 (b) A COURT OF THIS STATE OR A COURT OF ANOTHER STATE
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1 DETERMINES THAT THE CHILD, THE CHILD'S PARENTS, AND ANY PERSON
2 ACTING AS A PARENT DO NOT PRESENTLY RESIDE IN THIS STATE.
3 (2) A COURT OF THIS STATE THAT HAS MADE A CHILD-CUSTODY
4 DETERMINATION AND DOES NOT HAVE EXCLUSIVE, CONTINUING
5 JURISDICTION UNDER THIS SECTION MAY MODIFY THAT DETERMINATION
6 ONLY IF IT HAS JURISDICTION TO MAKE AN INITIAL DETERMINATION UNDER
7 SECTION 14-13-201.
8 14-13-203. Jurisdiction to modify determination. (1) EXCEPT
9 AS OTHERWISE PROVIDED IN SECTION 14-13-204, A COURT OF THIS STATE
10 MAY NOT MODIFY A CHILD-CUSTODY DETERMINATION MADE BY A COURT
11 OF ANOTHER STATE UNLESS A COURT OF THIS STATE HAS JURISDICTION TO
12 MAKE AN INITIAL DETERMINATION UNDER SECTION 14-13-201 (1) (a) OR
13 14-13-201 (1) (b) AND:
14 (a) THE COURT OF THE OTHER STATE DETERMINES IT NO LONGER
15 HAS EXCLUSIVE, CONTINUING JURISDICTION UNDER A PROVISION OF LAW
16 ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH
17 SECTION 14-13-202 OR THAT A COURT OF THIS STATE WOULD BE A MORE
18 CONVENIENT FORUM UNDER A PROVISION OF LAW ADOPTED BY THAT STATE
19 THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTION 14-13-207; OR
20 (b) A COURT OF THIS STATE OR A COURT OF THE OTHER STATE
21 DETERMINES THAT THE CHILD, THE CHILD'S PARENTS, AND ANY PERSON
22 ACTING AS A PARENT DO NOT PRESENTLY RESIDE IN THE OTHER STATE.
23 14-13-204. Temporary emergency jurisdiction. (1) A COURT
24 OF THIS STATE HAS TEMPORARY EMERGENCY JURISDICTION IF THE CHILD
25 IS PRESENT IN THIS STATE AND THE CHILD HAS BEEN ABANDONED OR IT IS
26 NECESSARY IN AN EMERGENCY TO PROTECT THE CHILD BECAUSE THE
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1 CHILD, OR A SIBLING OR PARENT OF THE CHILD, IS SUBJECTED TO OR
2 THREATENED WITH MISTREATMENT OR ABUSE.
3 (2) IF THERE IS NO PREVIOUS CHILD-CUSTODY DETERMINATION
4 THAT IS ENTITLED TO BE ENFORCED UNDER THIS ARTICLE AND A
5 CHILD-CUSTODY PROCEEDING HAS NOT BEEN COMMENCED IN A COURT OF
6 A STATE HAVING JURISDICTION UNDER A PROVISION OF LAW ADOPTED BY
7 THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS
8 14-13-201 TO 14-13-203, A CHILD-CUSTODY DETERMINATION MADE UNDER
9 THIS SECTION REMAINS IN EFFECT UNTIL AN ORDER IS OBTAINED FROM A
10 COURT OF A STATE HAVING JURISDICTION UNDER A PROVISION OF LAW
11 ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH
12 SECTIONS 14-13-201 TO 14-13-203. IF A CHILD-CUSTODY PROCEEDING HAS
13 NOT BEEN OR IS NOT COMMENCED IN A COURT OF A STATE HAVING
14 JURISDICTION UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT
15 IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS 14-13-201 TO 14-13-203,
16 A CHILD-CUSTODY DETERMINATION MADE UNDER THIS SECTION BECOMES
17 A FINAL DETERMINATION, IF IT SO PROVIDES AND THIS STATE BECOMES THE
18 HOME STATE OF THE CHILD.
19 (3) IF THERE IS A PREVIOUS CHILD-CUSTODY DETERMINATION THAT
20 IS ENTITLED TO BE ENFORCED UNDER THIS ARTICLE, OR A CHILD-CUSTODY
21 PROCEEDING HAS BEEN COMMENCED IN A COURT OF A STATE HAVING
22 JURISDICTION UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT
23 IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS 14-13-201 TO 14-13-203,
24 ANY ORDER ISSUED BY A COURT OF THIS STATE UNDER THIS SECTION MUST
25 SPECIFY IN THE ORDER A PERIOD THAT THE COURT CONSIDERS ADEQUATE
26 TO ALLOW THE PERSON SEEKING AN ORDER TO OBTAIN AN ORDER FROM
Page 17
1 THE STATE HAVING JURISDICTION UNDER A PROVISION OF LAW ADOPTED BY
2 THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS
3 14-13-201 TO 14-13-203. THE ORDER ISSUED IN THIS STATE REMAINS IN
4 EFFECT UNTIL AN ORDER IS OBTAINED FROM THE OTHER STATE WITHIN THE
5 PERIOD SPECIFIED OR THE PERIOD EXPIRES.
6 (4) A COURT OF THIS STATE THAT HAS BEEN ASKED TO MAKE A
7 CHILD-CUSTODY DETERMINATION UNDER THIS SECTION, UPON BEING
8 INFORMED THAT A CHILD-CUSTODY PROCEEDING HAS BEEN COMMENCED
9 IN, OR A CHILD-CUSTODY DETERMINATION HAS BEEN MADE BY, A COURT OF
10 A STATE HAVING JURISDICTION UNDER A PROVISION OF LAW ADOPTED BY
11 THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS
12 14-13-201 TO 14-13-203, SHALL IMMEDIATELY COMMUNICATE WITH THE
13 OTHER COURT. A COURT OF THIS STATE THAT IS EXERCISING JURISDICTION
14 PURSUANT TO SECTIONS 14-13-201 TO 14-13-203, UPON BEING INFORMED
15 THAT A CHILD-CUSTODY PROCEEDING HAS BEEN COMMENCED IN, OR A
16 CHILD-CUSTODY DETERMINATION HAS BEEN MADE BY, A COURT OF
17 ANOTHER STATE UNDER A STATUTE SIMILAR TO THIS SECTION SHALL
18 IMMEDIATELY COMMUNICATE WITH THE COURT OF THAT STATE TO
19 RESOLVE THE EMERGENCY, PROTECT THE SAFETY OF THE PARTIES AND THE
20 CHILD, AND DETERMINE A PERIOD FOR THE DURATION OF THE TEMPORARY
21 ORDER.
22 14-13-205. Notice - opportunity to be heard - joinder.
23 (1) BEFORE A CHILD-CUSTODY DETERMINATION IS MADE UNDER THIS
24 ARTICLE, NOTICE AND AN OPPORTUNITY TO BE HEARD IN ACCORDANCE
25 WITH THE STANDARDS OF SECTION 14-13-108 MUST BE GIVEN TO ALL
26 PERSONS ENTITLED TO NOTICE UNDER THE LAW OF THIS STATE AS IN
Page 18
1 CHILD-CUSTODY PROCEEDINGS BETWEEN RESIDENTS OF THIS STATE, ANY
2 PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN PREVIOUSLY
3 TERMINATED, AND ANY PERSON HAVING PHYSICAL CUSTODY OF THE CHILD.
4 (2) THIS ARTICLE DOES NOT GOVERN THE ENFORCEABILITY OF A
5 CHILD-CUSTODY DETERMINATION MADE WITHOUT NOTICE OR AN
6 OPPORTUNITY TO BE HEARD.
7 (3) THE OBLIGATION TO JOIN A PARTY AND THE RIGHT TO
8 INTERVENE AS A PARTY IN A CHILD-CUSTODY PROCEEDING UNDER THIS
9 ARTICLE ARE GOVERNED BY THE LAW OF THIS STATE AS IN CHILD-CUSTODY
10 PROCEEDINGS BETWEEN RESIDENTS OF THIS STATE.
11 14-13-206. Simultaneous proceedings. (1) EXCEPT AS
12 OTHERWISE PROVIDED IN SECTION 14-13-204, A COURT OF THIS STATE MAY
13 NOT EXERCISE ITS JURISDICTION UNDER THIS PART 2 IF, AT THE TIME OF THE
14 COMMENCEMENT OF THE PROCEEDING, A PROCEEDING CONCERNING THE
15 CUSTODY OF THE CHILD HAS BEEN COMMENCED IN A COURT OF ANOTHER
16 STATE HAVING JURISDICTION SUBSTANTIALLY IN CONFORMITY WITH THIS
17 ARTICLE, UNLESS THE PROCEEDING HAS BEEN TERMINATED OR IS STAYED
18 BY THE COURT OF THE OTHER STATE BECAUSE A COURT OF THIS STATE IS A
19 MORE CONVENIENT FORUM UNDER A PROVISION OF LAW ADOPTED BY THAT
20 STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTION 14-13-207.
21 (2) EXCEPT AS OTHERWISE PROVIDED IN SECTION 14-13-204, A
22 COURT OF THIS STATE, BEFORE HEARING A CHILD-CUSTODY PROCEEDING,
23 SHALL EXAMINE THE COURT DOCUMENTS AND OTHER INFORMATION
24 SUPPLIED BY THE PARTIES PURSUANT TO SECTION 14-13-209. IF THE
25 COURT DETERMINES THAT A CHILD-CUSTODY PROCEEDING HAS BEEN
26 COMMENCED IN A COURT IN ANOTHER STATE HAVING JURISDICTION
Page 19
1 SUBSTANTIALLY IN ACCORDANCE WITH A PROVISION OF LAW ADOPTED BY
2 THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH THIS ARTICLE,
3 THE COURT OF THIS STATE SHALL STAY ITS PROCEEDING AND
4 COMMUNICATE WITH THE COURT OF THE OTHER STATE. IF THE COURT OF
5 THE STATE HAVING JURISDICTION SUBSTANTIALLY IN ACCORDANCE WITH
6 THIS ARTICLE DOES NOT DETERMINE THAT THE COURT OF THIS STATE IS A
7 MORE APPROPRIATE FORUM, THE COURT OF THIS STATE SHALL DISMISS THE
8 PROCEEDING.
9 (3) IN A PROCEEDING TO MODIFY A CHILD-CUSTODY
10 DETERMINATION, A COURT OF THIS STATE SHALL DETERMINE WHETHER A
11 PROCEEDING TO ENFORCE THE DETERMINATION HAS BEEN COMMENCED IN
12 ANOTHER STATE. IF A PROCEEDING TO ENFORCE A CHILD-CUSTODY
13 DETERMINATION HAS BEEN COMMENCED IN ANOTHER STATE, THE COURT
14 MAY:
15 (a) STAY THE PROCEEDING FOR MODIFICATION PENDING THE ENTRY
16 OF AN ORDER OF A COURT OF THE OTHER STATE ENFORCING, STAYING,
17 DENYING, OR DISMISSING THE PROCEEDING FOR ENFORCEMENT;
18 (b) ENJOIN THE PARTIES FROM CONTINUING WITH THE PROCEEDING
19 FOR ENFORCEMENT; OR
20 (c) PROCEED WITH THE MODIFICATION UNDER CONDITIONS IT
21 CONSIDERS APPROPRIATE.
22 14-13-207. Inconvenient forum. (1) A COURT OF THIS STATE
23 THAT HAS JURISDICTION UNDER THIS ARTICLE TO MAKE A CHILD-CUSTODY
24 DETERMINATION MAY DECLINE TO EXERCISE ITS JURISDICTION AT ANY TIME
25 IF IT DETERMINES THAT IT IS AN INCONVENIENT FORUM UNDER THE
26 CIRCUMSTANCES AND THAT A COURT OF ANOTHER STATE IS A MORE
Page 20
1 APPROPRIATE FORUM. THE ISSUE OF INCONVENIENT FORUM MAY BE
2 RAISED UPON MOTION OF A PARTY, THE COURT'S OWN MOTION, OR REQUEST
3 OF ANOTHER COURT.
4 (2) BEFORE DETERMINING WHETHER IT IS AN INCONVENIENT
5 FORUM, A COURT OF THIS STATE SHALL CONSIDER WHETHER IT IS
6 APPROPRIATE FOR A COURT OF ANOTHER STATE TO EXERCISE JURISDICTION.
7 FOR THIS PURPOSE, THE COURT SHALL ALLOW THE PARTIES TO SUBMIT
8 INFORMATION AND SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING:
9 (a) WHETHER DOMESTIC VIOLENCE OR DOMESTIC ABUSE HAS
10 OCCURRED AND IS LIKELY TO CONTINUE IN THE FUTURE AND WHICH STATE
11 COULD BEST PROTECT THE PARTIES AND THE CHILD;
12 (b) THE LENGTH OF TIME THE CHILD HAS RESIDED OUTSIDE THIS
13 STATE;
14 (c) THE DISTANCE BETWEEN THE COURT IN THIS STATE AND THE
15 COURT IN THE STATE THAT WOULD ASSUME JURISDICTION;
16 (d) THE RELATIVE FINANCIAL CIRCUMSTANCES OF THE PARTIES;
17 (e) ANY AGREEMENT OF THE PARTIES AS TO WHICH STATE SHOULD
18 ASSUME JURISDICTION;
19 (f) THE NATURE AND LOCATION OF THE EVIDENCE REQUIRED TO
20 RESOLVE THE PENDING LITIGATION, INCLUDING TESTIMONY OF THE CHILD;
21 (g) THE ABILITY OF THE COURT OF EACH STATE TO DECIDE THE
22 ISSUE EXPEDITIOUSLY AND THE PROCEDURES NECESSARY TO PRESENT THE
23 EVIDENCE; AND
24 (h) THE FAMILIARITY OF THE COURT OF EACH STATE WITH THE
25 FACTS AND ISSUES IN THE PENDING LITIGATION.
26 (3) IF A COURT OF THIS STATE DETERMINES THAT IT IS AN
Page 21
1 INCONVENIENT FORUM AND THAT A COURT OF ANOTHER STATE IS A MORE
2 APPROPRIATE FORUM, IT SHALL STAY THE PROCEEDINGS UPON CONDITION
3 THAT A CHILD-CUSTODY PROCEEDING BE PROMPTLY COMMENCED IN
4 ANOTHER DESIGNATED STATE AND MAY IMPOSE ANY OTHER CONDITION
5 THE COURT CONSIDERS JUST AND PROPER.
6 (4) A COURT OF THIS STATE MAY DECLINE TO EXERCISE ITS
7 JURISDICTION UNDER THIS ARTICLE IF A CHILD-CUSTODY DETERMINATION
8 IS INCIDENTAL TO AN ACTION FOR DIVORCE, DISSOLUTION OF MARRIAGE,
9 OR ANOTHER PROCEEDING WHILE STILL RETAINING JURISDICTION OVER THE
10 DIVORCE, DISSOLUTION OF MARRIAGE, OR OTHER PROCEEDING.
11 14-13-208. Jurisdiction declined by reason of conduct.
12 (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 14-13-204, OR BY
13 OTHER LAW OF THIS STATE, IF A PERSON SEEKING TO INVOKE THE
14 JURISDICTION OF A COURT OF THIS STATE UNDER THIS ARTICLE HAS
15 ENGAGED IN UNJUSTIFIABLE CONDUCT, THE COURT SHALL DECLINE TO
16 EXERCISE ITS JURISDICTION UNLESS:
17 (a) THE PARENTS AND ALL PERSONS ACTING AS PARENTS HAVE
18 ACQUIESCED IN THE EXERCISE OF JURISDICTION;
19 (b) A COURT OF THE STATE OTHERWISE HAVING JURISDICTION
20 UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN
21 SUBSTANTIAL CONFORMITY WITH SECTIONS 14-13-201 TO 14-13-203
22 DETERMINES THAT THIS STATE IS A MORE APPROPRIATE FORUM UNDER A
23 PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL
24 CONFORMITY WITH SECTION 14-13-207; OR
25 (c) NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION
26 UNDER THE CRITERIA SPECIFIED IN A PROVISION OF LAW ADOPTED BY THAT
Page 22
1 STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH SECTIONS 14-13-201 TO
2 14-13-203.
3 (2) IF A COURT OF THIS STATE DECLINES TO EXERCISE ITS
4 JURISDICTION PURSUANT TO SUBSECTION (1) OF THIS SECTION, IT MAY
5 FASHION AN APPROPRIATE REMEDY TO ENSURE THE SAFETY OF THE CHILD
6 AND PREVENT A REPETITION OF THE UNJUSTIFIABLE CONDUCT, INCLUDING
7 STAYING THE PROCEEDING UNTIL A CHILD-CUSTODY PROCEEDING IS
8 COMMENCED IN A COURT HAVING JURISDICTION UNDER A PROVISION OF
9 LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH
10 SECTIONS 14-13-201 TO 14-13-203.
11 (3) IF A COURT DISMISSES A PETITION OR STAYS A PROCEEDING
12 BECAUSE IT DECLINES TO EXERCISE ITS JURISDICTION PURSUANT TO
13 SUBSECTION (1) OF THIS SECTION, IT SHALL ASSESS AGAINST THE PARTY
14 SEEKING TO INVOKE ITS JURISDICTION NECESSARY AND REASONABLE
15 EXPENSES INCLUDING COSTS, COMMUNICATION EXPENSES, ATTORNEY'S
16 FEES, INVESTIGATIVE FEES, EXPENSES FOR WITNESSES, TRAVEL EXPENSES,
17 AND CHILD CARE DURING THE COURSE OF THE PROCEEDINGS, UNLESS THE
18 PARTY FROM WHOM FEES ARE SOUGHT ESTABLISHES THAT THE
19 ASSESSMENT WOULD BE CLEARLY INAPPROPRIATE. THE COURT MAY NOT
20 ASSESS FEES, COSTS, OR EXPENSES AGAINST THIS STATE UNLESS
21 AUTHORIZED BY LAW OTHER THAN THIS ARTICLE.
22 14-13-209. Information to be submitted to court. (1) SUBJECT
23 TO A COURT ORDER ALLOWING A PARTY TO MAINTAIN THE
24 CONFIDENTIALITY OF ADDRESSES AND OTHER IDENTIFYING INFORMATION
25 AND TO SUBSECTION (5) OF THIS SECTION, IN A CHILD-CUSTODY
26 PROCEEDING, EACH PARTY, IN ITS FIRST PLEADING OR IN AN ATTACHED
Page 23
1 AFFIDAVIT, SHALL GIVE INFORMATION, IF REASONABLY ASCERTAINABLE,
2 UNDER OATH, AS TO THE CHILD'S PRESENT ADDRESS OR WHEREABOUTS,
3 THE PLACES WHERE THE CHILD HAS LIVED DURING THE LAST FIVE YEARS,
4 AND THE NAMES AND PRESENT ADDRESSES OF THE PERSONS WITH WHOM
5 THE CHILD HAS LIVED DURING THAT PERIOD. THE PLEADING OR AFFIDAVIT
6 MUST STATE WHETHER THE PARTY:
7 (a) HAS PARTICIPATED, AS A PARTY OR WITNESS OR IN ANY OTHER
8 CAPACITY, IN ANY OTHER PROCEEDING CONCERNING THE CUSTODY OF OR
9 VISITATION OR PARENTING TIME WITH THE CHILD AND, IF SO, IDENTIFY THE
10 COURT, THE CASE NUMBER, AND THE DATE OF THE CHILD-CUSTODY
11 DETERMINATION, IF ANY;
12 (b) KNOWS OF ANY PROCEEDING THAT COULD AFFECT THE
13 CURRENT PROCEEDING, INCLUDING PROCEEDINGS FOR ENFORCEMENT AND
14 PROCEEDINGS RELATING TO DOMESTIC VIOLENCE OR DOMESTIC ABUSE,
15 PROTECTIVE ORDERS OR RESTRAINING ORDERS, TERMINATION OF
16 PARENTAL RIGHTS, AND ADOPTIONS AND, IF SO, IDENTIFY THE COURT, THE
17 CASE NUMBER, AND THE NATURE OF THE PROCEEDING; AND
18 (c) KNOWS THE NAMES AND ADDRESSES OF ANY PERSON NOT A
19 PARTY TO THE PROCEEDING WHO HAS PHYSICAL CUSTODY OF THE CHILD OR
20 CLAIMS RIGHTS OF PARENTAL RESPONSIBILITIES OR LEGAL CUSTODY OR
21 PHYSICAL CUSTODY OF, OR VISITATION OR PARENTING TIME WITH, THE
22 CHILD AND, IF SO, THE NAMES AND ADDRESSES OF THOSE PERSONS.
23 (2) IF THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS
24 SECTION IS NOT FURNISHED, THE COURT, UPON MOTION OF A PARTY OR ITS
25 OWN MOTION, MAY STAY THE PROCEEDING UNTIL THE INFORMATION IS
26 FURNISHED.
Page 24
1 (3) IF THE DECLARATION AS TO ANY OF THE ITEMS DESCRIBED IN
2 PARAGRAPHS (a) TO (c) OF SUBSECTION (1) OF THIS SECTION IS IN THE
3 AFFIRMATIVE, THE DECLARANT SHALL GIVE ADDITIONAL INFORMATION
4 UNDER OATH AS REQUIRED BY THE COURT. THE COURT MAY EXAMINE THE
5 PARTIES UNDER OATH AS TO DETAILS OF THE INFORMATION FURNISHED AND
6 OTHER MATTERS PERTINENT TO THE COURT'S JURISDICTION AND THE
7 DISPOSITION OF THE CASE.
8 (4) EACH PARTY HAS A CONTINUING DUTY TO INFORM THE COURT
9 OF ANY PROCEEDING IN THIS OR ANY OTHER STATE THAT COULD AFFECT
10 THE CURRENT PROCEEDING.
11 (5) IF A PARTY ALLEGES IN AN AFFIDAVIT OR A PLEADING UNDER
12 OATH THAT THE HEALTH, SAFETY, OR LIBERTY OF A PARTY OR CHILD
13 WOULD BE JEOPARDIZED BY DISCLOSURE OF IDENTIFYING INFORMATION,
14 THE INFORMATION MUST BE SEALED AND MAY NOT BE DISCLOSED TO THE
15 OTHER PARTY OR THE PUBLIC UNLESS THE COURT ORDERS THE DISCLOSURE
16 TO BE MADE AFTER A HEARING IN WHICH THE COURT TAKES INTO
17 CONSIDERATION THE HEALTH, SAFETY, OR LIBERTY OF THE PARTY OR
18 CHILD AND DETERMINES THAT THE DISCLOSURE IS IN THE INTEREST OF
19 JUSTICE.
20 14-13-210. Appearance of parties and child. (1) IN A
21 CHILD-CUSTODY PROCEEDING IN THIS STATE, THE COURT MAY ORDER A
22 PARTY TO THE PROCEEDING WHO IS IN THIS STATE TO APPEAR BEFORE THE
23 COURT IN PERSON WITH OR WITHOUT THE CHILD. THE COURT MAY ORDER
24 ANY PERSON WHO IS IN THIS STATE AND WHO HAS PHYSICAL CUSTODY OR
25 CONTROL OF THE CHILD TO APPEAR IN PERSON WITH THE CHILD.
26 (2) IF A PARTY TO A CHILD-CUSTODY PROCEEDING WHOSE
Page 25
1 PRESENCE IS DESIRED BY THE COURT IS OUTSIDE THIS STATE, THE COURT
2 MAY ORDER THAT A NOTICE GIVEN PURSUANT TO SECTION 14-13-108
3 INCLUDE A STATEMENT DIRECTING THE PARTY TO APPEAR IN PERSON WITH
4 OR WITHOUT THE CHILD AND INFORMING THE PARTY THAT FAILURE TO
5 APPEAR MAY RESULT IN A DECISION ADVERSE TO THE PARTY.
6 (3) THE COURT MAY ENTER ANY ORDERS NECESSARY TO ENSURE
7 THE SAFETY OF THE CHILD AND OF ANY PERSON ORDERED TO APPEAR
8 UNDER THIS SECTION.
9 (4) IF A PARTY TO A CHILD-CUSTODY PROCEEDING WHO IS OUTSIDE
10 THIS STATE IS DIRECTED TO APPEAR UNDER SUBSECTION (2) OF THIS
11 SECTION OR DESIRES TO APPEAR PERSONALLY BEFORE THE COURT WITH OR
12 WITHOUT THE CHILD, THE COURT MAY REQUIRE ANOTHER PARTY TO PAY
13 REASONABLE AND NECESSARY TRAVEL AND OTHER EXPENSES OF THE
14 PARTY SO APPEARING AND OF THE CHILD.
15 PART 3
16 ENFORCEMENT
17 14-13-301. Definitions. AS USED IN THIS PART 3, UNLESS THE
18 CONTEXT OTHERWISE REQUIRES:
19 (1) "PETITIONER" MEANS A PERSON WHO SEEKS ENFORCEMENT OF
20 AN ORDER FOR THE RETURN OF A CHILD UNDER THE "HAGUE CONVENTION
21 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION" OR
22 ENFORCEMENT OF A CHILD-CUSTODY DETERMINATION.
23 (2) "RESPONDENT" MEANS A PERSON AGAINST WHOM A
24 PROCEEDING HAS BEEN COMMENCED FOR ENFORCEMENT OF AN ORDER FOR
25 THE RETURN OF A CHILD UNDER THE "HAGUE CONVENTION ON THE CIVIL
26 ASPECTS OF INTERNATIONAL CHILD ABDUCTION" OR ENFORCEMENT OF A
Page 26
1 CHILD-CUSTODY DETERMINATION.
2 14-13-302. Enforcement under Hague Convention. UNDER THIS
3 PART 3 A COURT OF THIS STATE MAY ENFORCE AN ORDER FOR THE RETURN
4 OF THE CHILD MADE UNDER THE "HAGUE CONVENTION ON THE CIVIL
5 ASPECTS OF INTERNATIONAL CHILD ABDUCTION" AS IF IT WERE A
6 CHILD-CUSTODY DETERMINATION.
7 14-13-303. Duty to enforce. (1) A COURT OF THIS STATE SHALL
8 RECOGNIZE AND ENFORCE A CHILD-CUSTODY DETERMINATION OF A COURT
9 OF ANOTHER STATE IF THE LATTER COURT EXERCISED JURISDICTION IN
10 SUBSTANTIAL CONFORMITY WITH THIS ARTICLE OR THE DETERMINATION
11 WAS MADE UNDER FACTUAL CIRCUMSTANCES MEETING THE
12 JURISDICTIONAL STANDARDS OF THIS ARTICLE AND THE DETERMINATION
13 HAS NOT BEEN MODIFIED IN ACCORDANCE WITH THIS ARTICLE.
14 (2) A COURT OF THIS STATE MAY UTILIZE ANY REMEDY AVAILABLE
15 UNDER OTHER LAW OF THIS STATE TO ENFORCE A CHILD-CUSTODY
16 DETERMINATION MADE BY A COURT OF ANOTHER STATE. THE REMEDIES
17 PROVIDED IN THIS PART 3 ARE CUMULATIVE AND DO NOT AFFECT THE
18 AVAILABILITY OF OTHER REMEDIES TO ENFORCE A CHILD-CUSTODY
19 DETERMINATION.
20 14-13-304. Temporary visitation or parenting time. (1) A
21 COURT OF THIS STATE THAT DOES NOT HAVE JURISDICTION TO MODIFY A
22 CHILD-CUSTODY DETERMINATION MAY ISSUE A TEMPORARY ORDER
23 ENFORCING:
24 (a) A VISITATION OR PARENTING TIME SCHEDULE MADE BY A COURT
25 OF ANOTHER STATE; OR
26 (b) THE VISITATION OR PARENTING TIME PROVISIONS OF A
Page 27
1 CHILD-CUSTODY DETERMINATION OF ANOTHER STATE THAT DOES NOT
2 PROVIDE FOR A SPECIFIC VISITATION OR PARENTING TIME SCHEDULE.
3 (2) IF A COURT OF THIS STATE MAKES AN ORDER UNDER
4 PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, IT SHALL SPECIFY IN
5 THE ORDER A PERIOD THAT IT CONSIDERS ADEQUATE TO ALLOW THE
6 PETITIONER TO OBTAIN AN ORDER FROM A COURT HAVING JURISDICTION
7 UNDER CRITERIA SUBSTANTIALLY IN CONFORMITY WITH THOSE CRITERIA
8 SPECIFIED IN PART 2 OF THIS ARTICLE. THE ORDER REMAINS IN EFFECT
9 UNTIL AN ORDER IS OBTAINED FROM THE OTHER COURT OR THE PERIOD
10 EXPIRES.
11 14-13-305. Registration of child-custody determination. (1) A
12 CHILD-CUSTODY DETERMINATION ISSUED BY A COURT OF ANOTHER STATE
13 MAY BE REGISTERED IN THIS STATE, WITH OR WITHOUT A SIMULTANEOUS
14 REQUEST FOR ENFORCEMENT, BY SENDING TO THE APPROPRIATE DISTRICT
15 COURT IN THIS STATE:
16 (a) A LETTER OR OTHER DOCUMENT REQUESTING REGISTRATION;
17 (b) TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF THE
18 DETERMINATION SOUGHT TO BE REGISTERED, AND A STATEMENT UNDER
19 PENALTY OF PERJURY THAT TO THE BEST OF THE KNOWLEDGE AND BELIEF
20 OF THE PERSON SEEKING REGISTRATION THE ORDER HAS NOT BEEN
21 MODIFIED; AND
22 (c) EXCEPT AS OTHERWISE PROVIDED IN SECTION 14-13-209, THE
23 NAME AND ADDRESS OF THE PERSON SEEKING REGISTRATION AND ANY
24 PARENT OR PERSON ACTING AS A PARENT WHO HAS BEEN AWARDED
25 CUSTODY, ALLOCATED PARENTAL RESPONSIBILITIES, OR GRANTED
26 VISITATION OR PARENTING TIME IN THE CHILD-CUSTODY DETERMINATION
Page 28
1 SOUGHT TO BE REGISTERED.
2 (2) ON RECEIPT OF THE DOCUMENTS REQUIRED BY SUBSECTION (1)
3 OF THIS SECTION, THE REGISTERING COURT SHALL:
4 (a) CAUSE THE DETERMINATION TO BE FILED AS A FOREIGN
5 JUDGMENT, TOGETHER WITH ONE COPY OF ANY ACCOMPANYING
6 DOCUMENTS AND INFORMATION, REGARDLESS OF THEIR FORM; AND
7 (b) SERVE NOTICE UPON THE PERSONS NAMED PURSUANT TO
8 PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION AND PROVIDE THEM
9 WITH AN OPPORTUNITY TO CONTEST THE REGISTRATION IN ACCORDANCE
10 WITH THIS SECTION.
11 (3) THE NOTICE REQUIRED BY PARAGRAPH (b) OF SUBSECTION (2)
12 OF THIS SECTION MUST STATE THAT:
13 (a) A REGISTERED DETERMINATION IS ENFORCEABLE AS OF THE
14 DATE OF THE REGISTRATION IN THE SAME MANNER AS A DETERMINATION
15 ISSUED BY A COURT OF THIS STATE;
16 (b) A HEARING TO CONTEST THE VALIDITY OF THE REGISTERED
17 DETERMINATION MUST BE REQUESTED WITHIN TWENTY DAYS AFTER
18 SERVICE OF NOTICE; AND
19 (c) FAILURE TO CONTEST THE REGISTRATION WILL RESULT IN
20 CONFIRMATION OF THE CHILD-CUSTODY DETERMINATION AND PRECLUDE
21 FURTHER CONTEST OF THAT DETERMINATION WITH RESPECT TO ANY
22 MATTER THAT COULD HAVE BEEN ASSERTED.
23 (4) A PERSON SEEKING TO CONTEST THE VALIDITY OF A
24 REGISTERED ORDER MUST REQUEST A HEARING WITHIN TWENTY DAYS
25 AFTER SERVICE OF THE NOTICE. AT THAT HEARING, THE COURT SHALL
26 CONFIRM THE REGISTERED ORDER UNLESS THE PERSON CONTESTING
Page 29
1 REGISTRATION ESTABLISHES THAT:
2 (a) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER A
3 PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL
4 CONFORMITY WITH PART 2 OF THIS ARTICLE;
5 (b) THE CHILD-CUSTODY DETERMINATION SOUGHT TO BE
6 REGISTERED HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT
7 HAVING JURISDICTION TO DO SO UNDER PART 2 OF THIS ARTICLE; OR
8 (c) THE PERSON CONTESTING REGISTRATION WAS ENTITLED TO
9 NOTICE, BUT NOTICE WAS NOT GIVEN IN ACCORDANCE WITH STANDARDS
10 SUBSTANTIALLY IN CONFORMITY WITH THE STANDARDS SET FORTH IN
11 SECTION 14-13-108, IN THE PROCEEDINGS BEFORE THE COURT THAT ISSUED
12 THE ORDER FOR WHICH REGISTRATION IS SOUGHT.
13 (5) IF A TIMELY REQUEST FOR A HEARING TO CONTEST THE
14 VALIDITY OF THE REGISTRATION IS NOT MADE, THE REGISTRATION IS
15 CONFIRMED AS A MATTER OF LAW AND THE PERSON REQUESTING
16 REGISTRATION AND ALL PERSONS SERVED MUST BE NOTIFIED OF THE
17 CONFIRMATION.
18 (6) CONFIRMATION OF A REGISTERED ORDER, WHETHER BY
19 OPERATION OF LAW OR AFTER NOTICE AND HEARING, PRECLUDES FURTHER
20 CONTEST OF THE ORDER WITH RESPECT TO ANY MATTER THAT COULD HAVE
21 BEEN ASSERTED AT THE TIME OF REGISTRATION.
22 14-13-306. Enforcement of registered determination. (1) A
23 COURT OF THIS STATE MAY GRANT ANY RELIEF NORMALLY AVAILABLE
24 UNDER THE LAW OF THIS STATE TO ENFORCE A REGISTERED
25 CHILD-CUSTODY DETERMINATION MADE BY A COURT OF ANOTHER STATE.
26 (2) A COURT OF THIS STATE SHALL RECOGNIZE AND ENFORCE, BUT
Page 30
1 MAY NOT MODIFY, EXCEPT IN ACCORDANCE WITH PART 2 OF THIS ARTICLE,
2 A REGISTERED CHILD-CUSTODY DETERMINATION OF A COURT OF ANOTHER
3 STATE.
4 14-13-307. Simultaneous proceedings. IF A PROCEEDING FOR
5 ENFORCEMENT UNDER THIS PART 3 IS COMMENCED IN A COURT OF THIS
6 STATE AND THE COURT DETERMINES THAT A PROCEEDING TO MODIFY THE
7 DETERMINATION IS PENDING IN A COURT OF ANOTHER STATE HAVING
8 JURISDICTION TO MODIFY THE DETERMINATION UNDER A PROVISION OF
9 LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH
10 PART 2 OF THIS ARTICLE, THE ENFORCING COURT SHALL IMMEDIATELY
11 COMMUNICATE WITH THE MODIFYING COURT. THE PROCEEDING FOR
12 ENFORCEMENT CONTINUES UNLESS THE ENFORCING COURT, AFTER
13 CONSULTATION WITH THE MODIFYING COURT, STAYS OR DISMISSES THE
14 PROCEEDING.
15 14-13-308. Expedited enforcement of child-custody
16 determination. (1) A PETITION UNDER THIS PART 3 IN WHICH THE
17 PETITIONER IS SEEKING EXPEDITED ENFORCEMENT PURSUANT TO THIS
18 SECTION MUST BE VERIFIED. CERTIFIED COPIES OF ALL ORDERS SOUGHT TO
19 BE ENFORCED AND OF ANY ORDER CONFIRMING REGISTRATION MUST BE
20 ATTACHED TO THE PETITION. A COPY OF A CERTIFIED COPY OF AN ORDER
21 MAY BE ATTACHED INSTEAD OF THE ORIGINAL.
22 (2) A PETITION FOR EXPEDITED ENFORCEMENT OF A
23 CHILD-CUSTODY DETERMINATION PURSUANT TO THIS SECTION MUST STATE:
24 (a) WHETHER THE COURT THAT ISSUED THE DETERMINATION
25 IDENTIFIED THE JURISDICTIONAL BASIS IT RELIED UPON IN EXERCISING
26 JURISDICTION AND, IF SO, WHAT THE BASIS WAS;
Page 31
1 (b) WHETHER THE DETERMINATION FOR WHICH ENFORCEMENT IS
2 SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT WHOSE
3 DECISION MUST BE ENFORCED UNDER THIS ARTICLE AND, IF SO, THE
4 IDENTITY OF THE COURT, THE CASE NUMBER, AND THE NATURE OF THE
5 PROCEEDING;
6 (c) WHETHER ANY PROCEEDING HAS BEEN COMMENCED THAT
7 COULD AFFECT THE CURRENT PROCEEDING, INCLUDING PROCEEDINGS
8 RELATING TO DOMESTIC VIOLENCE OR DOMESTIC ABUSE, PROTECTIVE
9 ORDERS OR RESTRAINING ORDERS, TERMINATION OF PARENTAL RIGHTS,
10 AND ADOPTIONS AND, IF SO, THE IDENTITY OF THE COURT, THE CASE
11 NUMBER, AND THE NATURE OF THE PROCEEDING;
12 (d) THE PRESENT PHYSICAL ADDRESS OF THE CHILD AND THE
13 RESPONDENT, IF KNOWN;
14 (e) WHETHER RELIEF IN ADDITION TO THE IMMEDIATE PHYSICAL
15 CUSTODY OF THE CHILD AND ATTORNEY'S FEES IS SOUGHT, INCLUDING A
16 REQUEST FOR ASSISTANCE FROM LAW ENFORCEMENT OFFICIALS AND, IF SO,
17 THE RELIEF SOUGHT; AND
18 (f) IF THE CHILD-CUSTODY DETERMINATION HAS BEEN REGISTERED
19 AND CONFIRMED UNDER SECTION 14-13-305, THE DATE AND PLACE OF
20 REGISTRATION.
21 (3) UPON THE FILING OF A PETITION FOR EXPEDITED ENFORCEMENT
22 PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE AN ORDER DIRECTING
23 THE RESPONDENT TO APPEAR IN PERSON AT A HEARING, WITH OR WITHOUT
24 THE CHILD, AND MAY ENTER ANY ORDER NECESSARY TO ENSURE THE
25 SAFETY OF THE PARTIES AND THE CHILD. THE HEARING MUST BE HELD ON
26 THE NEXT JUDICIAL DAY AFTER SERVICE OF THE ORDER UNLESS THAT DATE
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1 IS IMPOSSIBLE. IN THAT EVENT, THE COURT SHALL HOLD THE HEARING ON
2 THE FIRST JUDICIAL DAY POSSIBLE. THE COURT MAY EXTEND THE DATE OF
3 HEARING AT THE REQUEST OF THE PETITIONER.
4 (4) AN ORDER ISSUED UNDER SUBSECTION (3) OF THIS SECTION
5 MUST STATE THE TIME AND PLACE OF THE HEARING AND ADVISE THE
6 RESPONDENT THAT AT THE HEARING THE COURT WILL ORDER THAT THE
7 PETITIONER MAY TAKE IMMEDIATE PHYSICAL CUSTODY OF THE CHILD AND
8 THE PAYMENT OF FEES, COSTS, AND EXPENSES UNDER SECTION 14-13-312,
9 AND MAY SCHEDULE A HEARING TO DETERMINE WHETHER FURTHER RELIEF
10 IS APPROPRIATE, UNLESS THE RESPONDENT APPEARS AND ESTABLISHES
11 THAT:
12 (a) THE CHILD-CUSTODY DETERMINATION HAS NOT BEEN
13 REGISTERED AND CONFIRMED UNDER SECTION 14-13-305 AND THAT:
14 (I) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER A
15 PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL
16 CONFORMITY WITH PART 2 OF THIS ARTICLE;
17 (II) THE CHILD-CUSTODY DETERMINATION FOR WHICH
18 ENFORCEMENT IS SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY
19 A COURT HAVING JURISDICTION TO DO SO UNDER A PROVISION OF LAW
20 ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH PART
21 2 OF THIS ARTICLE;
22 (III) THE RESPONDENT WAS ENTITLED TO NOTICE, BUT NOTICE WAS
23 NOT GIVEN IN ACCORDANCE WITH THE STANDARDS SUBSTANTIALLY IN
24 CONFORMITY WITH THE STANDARDS OF SECTION 14-13-108, IN THE
25 PROCEEDINGS BEFORE THE COURT THAT ISSUED THE ORDER FOR WHICH
26 ENFORCEMENT IS SOUGHT; OR
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1 (b) THE CHILD-CUSTODY DETERMINATION FOR WHICH
2 ENFORCEMENT IS SOUGHT WAS REGISTERED AND CONFIRMED UNDER A
3 PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL
4 CONFORMITY WITH SECTION 14-13-304, BUT HAS BEEN VACATED, STAYED,
5 OR MODIFIED BY A COURT OF A STATE HAVING JURISDICTION TO DO SO
6 UNDER A PROVISION OF LAW ADOPTED BY THAT STATE THAT IS IN
7 SUBSTANTIAL CONFORMITY WITH PART 2 OF THIS ARTICLE.
8 14-13-309. Service of petition and order. EXCEPT AS OTHERWISE
9 PROVIDED IN SECTION 14-13-311, THE PETITION AND ORDER MUST BE
10 SERVED, BY ANY METHOD AUTHORIZED BY THE LAW OF THIS STATE, UPON
11 RESPONDENT AND ANY PERSON WHO HAS PHYSICAL CUSTODY OF THE
12 CHILD.
13 14-13-310. Hearing and order. (1) UNLESS THE COURT ISSUES
14 A TEMPORARY EMERGENCY ORDER PURSUANT TO SECTION 14-13-204,
15 UPON A FINDING THAT A PETITIONER IS ENTITLED TO IMMEDIATE PHYSICAL
16 CUSTODY OF THE CHILD, THE COURT SHALL ORDER THAT THE PETITIONER
17 MAY TAKE IMMEDIATE PHYSICAL CUSTODY OF THE CHILD UNLESS THE
18 RESPONDENT ESTABLISHES THAT:
19 (a) THE CHILD-CUSTODY DETERMINATION HAS NOT BEEN
20 REGISTERED AND CONFIRMED UNDER SECTION 14-13-305 AND THAT:
21 (I) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER PART
22 2 OF THIS ARTICLE;
23 (II) THE CHILD-CUSTODY DETERMINATION FOR WHICH
24 ENFORCEMENT IS SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY
25 A COURT OF A STATE HAVING JURISDICTION TO DO SO UNDER A PROVISION
26 OF LAW ADOPTED BY THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY
Page 34
1 WITH PART 2 OF THIS ARTICLE; OR
2 (III) THE RESPONDENT WAS ENTITLED TO NOTICE, BUT NOTICE WAS
3 NOT GIVEN IN ACCORDANCE WITH STANDARDS IN SUBSTANTIAL
4 CONFORMITY WITH THE STANDARDS SET FORTH IN SECTION 14-13-108, IN
5 THE PROCEEDINGS BEFORE THE COURT THAT ISSUED THE ORDER FOR WHICH
6 ENFORCEMENT IS SOUGHT; OR
7 (b) THE CHILD-CUSTODY DETERMINATION FOR WHICH
8 ENFORCEMENT IS SOUGHT WAS REGISTERED AND CONFIRMED UNDER
9 SECTION 14-13-305 BUT HAS BEEN VACATED, STAYED, OR MODIFIED BY A
10 COURT OF A STATE HAVING JURISDICTION TO DO SO UNDER PART 3 OF THIS
11 ARTICLE.
12 (2) THE COURT SHALL AWARD THE FEES, COSTS, AND EXPENSES
13 AUTHORIZED UNDER SECTION 14-13-312 AND MAY GRANT ADDITIONAL
14 RELIEF, INCLUDING A REQUEST FOR THE ASSISTANCE OF LAW
15 ENFORCEMENT OFFICIALS, AND SET A FURTHER HEARING TO DETERMINE
16 WHETHER ADDITIONAL RELIEF IS APPROPRIATE.
17 (3) IF A PARTY CALLED TO TESTIFY REFUSES TO ANSWER ON THE
18 GROUND THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE COURT
19 MAY DRAW AN ADVERSE INFERENCE FROM THE REFUSAL.
20 (4) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS
21 BETWEEN SPOUSES AND A DEFENSE OF IMMUNITY BASED ON THE
22 RELATIONSHIP OF HUSBAND AND WIFE OR PARENT AND CHILD MAY NOT BE
23 INVOKED IN A PROCEEDING UNDER THIS PART 3.
24 14-13-311. Warrant to take physical custody of child.
25 (1) UPON THE FILING OF A PETITION SEEKING ENFORCEMENT OF A
26 CHILD-CUSTODY DETERMINATION, THE PETITIONER MAY FILE A VERIFIED
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1 APPLICATION FOR THE ISSUANCE OF A WARRANT TO TAKE PHYSICAL
2 CUSTODY OF THE CHILD IF THE CHILD IS IMMEDIATELY LIKELY TO SUFFER
3 SERIOUS PHYSICAL HARM OR BE REMOVED FROM THIS STATE.
4 (2) IF THE COURT, UPON THE TESTIMONY OF THE PETITIONER OR
5 OTHER WITNESS, FINDS THAT THE CHILD IS IMMINENTLY LIKELY TO SUFFER
6 SERIOUS PHYSICAL HARM OR BE REMOVED FROM THIS STATE, IT MAY ISSUE
7 A WARRANT TO TAKE PHYSICAL CUSTODY OF THE CHILD. THE PETITION
8 MUST BE HEARD ON THE NEXT JUDICIAL DAY AFTER THE WARRANT IS
9 EXECUTED UNLESS THAT DATE IS IMPOSSIBLE. IN THAT EVENT, THE COURT
10 SHALL HOLD THE HEARING ON THE FIRST JUDICIAL DAY POSSIBLE. THE
11 APPLICATION FOR THE WARRANT MUST INCLUDE THE STATEMENTS
12 REQUIRED BY SECTION 14-13-308 (2).
13 (3) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD MUST:
14 (a) RECITE THE FACTS UPON WHICH A CONCLUSION OF IMMINENT
15 SERIOUS PHYSICAL HARM OR REMOVAL FROM THE JURISDICTION IS BASED;
16 (b) DIRECT LAW ENFORCEMENT OFFICERS TO TAKE PHYSICAL
17 CUSTODY OF THE CHILD IMMEDIATELY; AND
18 (c) PROVIDE FOR THE PLACEMENT OF THE CHILD PENDING FINAL
19 RELIEF.
20 (4) THE RESPONDENT MUST BE SERVED WITH THE PETITION,
21 WARRANT, AND ORDER IMMEDIATELY AFTER THE CHILD IS TAKEN INTO
22 PHYSICAL CUSTODY.
23 (5) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD IS
24 ENFORCEABLE THROUGHOUT THIS STATE. IF THE COURT FINDS ON THE
25 BASIS OF THE TESTIMONY OF THE PETITIONER OR OTHER WITNESS THAT A
26 LESS INTRUSIVE REMEDY IS NOT EFFECTIVE, IT MAY AUTHORIZE LAW
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1 ENFORCEMENT OFFICERS TO ENTER PRIVATE PROPERTY TO TAKE PHYSICAL
2 CUSTODY OF THE CHILD. IF REQUIRED BY EXIGENT CIRCUMSTANCES OF THE
3 CASE, THE COURT MAY AUTHORIZE LAW ENFORCEMENT OFFICERS TO MAKE
4 A FORCIBLE ENTRY AT ANY HOUR.
5 (6) THE COURT MAY IMPOSE CONDITIONS UPON PLACEMENT OF A
6 CHILD TO ENSURE THE APPEARANCE OF THE CHILD AND THE CHILD'S
7 CUSTODIAN.
8 14-13-312. Costs, fees, and expenses. (1) THE COURT SHALL
9 AWARD THE PREVAILING PARTY, INCLUDING A STATE, NECESSARY AND
10 REASONABLE EXPENSES INCURRED BY OR ON BEHALF OF THE PARTY,
11 INCLUDING COSTS, COMMUNICATION EXPENSES, ATTORNEY'S FEES,
12 INVESTIGATIVE FEES, EXPENSES FOR WITNESSES, TRAVEL EXPENSES, AND
13 CHILD CARE DURING THE COURSE OF THE PROCEEDINGS, UNLESS THE PARTY
14 FROM WHOM FEES OR EXPENSES ARE SOUGHT ESTABLISHES THAT THE
15 AWARD WOULD BE CLEARLY INAPPROPRIATE.
16 (2) THE COURT MAY NOT ASSESS FEES, COSTS, OR EXPENSES
17 AGAINST A STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS ARTICLE.
18 14-13-313. Recognition and enforcement. A COURT OF THIS
19 STATE SHALL ACCORD FULL FAITH AND CREDIT TO AN ORDER ISSUED BY
20 ANOTHER STATE AND CONSISTENT WITH THIS ARTICLE WHICH ENFORCES A
21 CHILD-CUSTODY DETERMINATION BY A COURT OF ANOTHER STATE UNLESS
22 THE ORDER HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT
23 HAVING JURISDICTION TO DO SO UNDER A PROVISION OF LAW ADOPTED BY
24 THAT STATE THAT IS IN SUBSTANTIAL CONFORMITY WITH PART 2 OF THIS
25 ARTICLE.
26 14-13-314. Appeals. AN APPEAL MAY BE TAKEN FROM A FINAL
Page 37
1 ORDER IN A PROCEEDING UNDER THIS PART 3 IN ACCORDANCE WITH
2 EXPEDITED APPELLATE PROCEDURES IN OTHER CIVIL CASES. UNLESS THE
3 COURT ENTERS A TEMPORARY EMERGENCY ORDER UNDER SECTION
4 14-13-204, THE ENFORCING COURT MAY NOT STAY AN ORDER ENFORCING
5 A CHILD-CUSTODY DETERMINATION PENDING APPEAL.
6 14-13-315. Role of prosecuting attorney. (1) IN A CASE ARISING
7 UNDER THIS ARTICLE OR INVOLVING THE "HAGUE CONVENTION ON THE
8 CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION", THE PROSECUTING
9 ATTORNEY MAY TAKE ANY LAWFUL ACTION, INCLUDING RESORT TO A
10 PROCEEDING UNDER THIS PART 3 OR ANY OTHER AVAILABLE CIVIL
11 PROCEEDING, TO LOCATE A CHILD, OBTAIN THE RETURN OF A CHILD, OR
12 ENFORCE A CHILD-CUSTODY DETERMINATION IF THERE IS:
13 (a) AN EXISTING CHILD-CUSTODY DETERMINATION;
14 (b) A REQUEST TO DO SO FROM A COURT IN A PENDING
15 CHILD-CUSTODY PROCEEDING;
16 (c) A REASONABLE BELIEF THAT A CRIMINAL STATUTE HAS BEEN
17 VIOLATED; OR
18 (d) A REASONABLE BELIEF THAT THE CHILD HAS BEEN
19 WRONGFULLY REMOVED OR RETAINED IN VIOLATION OF THE "HAGUE
20 CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD
21 ABDUCTION".
22 (2) A PROSECUTING ATTORNEY ACTING UNDER THIS SECTION ACTS
23 ON BEHALF OF THE COURT AND MAY NOT REPRESENT ANY PARTY.
24 14-13-316. Role of law enforcement. AT THE REQUEST OF A
25 PROSECUTING ATTORNEY ACTING UNDER SECTION 14-13-315, A LAW
26 ENFORCEMENT OFFICER MAY TAKE ANY LAWFUL ACTION REASONABLY
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1 NECESSARY TO LOCATE A CHILD OR A PARTY AND ASSIST A PROSECUTING
2 ATTORNEY WITH RESPONSIBILITIES UNDER SECTION 14-13-315.
3 PART 4
4 MISCELLANEOUS PROVISIONS
5 14-13-401. Application and construction. IN APPLYING AND
6 CONSTRUING THIS ARTICLE, CONSIDERATION MUST BE GIVEN TO THE NEED
7 TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT
8 MATTER AMONG STATES THAT ENACT IT.
9 14-13-402. Severability clause. IF ANY PROVISION OF THIS
10 ARTICLE OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
11 INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
12 APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE
13 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF
14 THIS ARTICLE ARE SEVERABLE.
15 14-13-403. Transitional provision. A MOTION OR OTHER
16 REQUEST FOR RELIEF MADE IN A CHILD-CUSTODY PROCEEDING OR TO
17 ENFORCE A CHILD-CUSTODY DETERMINATION THAT WAS COMMENCED
18 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE IS GOVERNED BY THE LAW
19 IN EFFECT AT THE TIME THE MOTION OR OTHER REQUEST WAS MADE.
20 SECTION 2. Inclusion of official comments. There shall be
21 included in the publication of the "Uniform Child-custody Jurisdiction
22 and Enforcement Act", as nonstatutory matter, following each section of
23 the article, the full text of the official comments to that section contained
24 in the official volume containing the 1997 official text of the "Uniform
25 Child Custody Jurisdiction and Enforcement Act (1997)" issued by the
26 national conference of commissioners on uniform state laws, with any
Page 39
1 changes in the official comments or Colorado comments to correspond to
2 Colorado changes in the uniform act. The comments shall be prepared
3 by the revisor of statutes and approved for publication by the committee
4 on legal services.
5 SECTION 3. 13-90-107 (1) (a) (I), Colorado Revised Statutes,
6 is amended to read:
7 13-90-107. Who may not testify without consent. (1) There are
8 particular relations in which it is the policy of the law to encourage
9 confidence and to preserve it inviolate; therefore, a person shall not be
10 examined as a witness in the following cases:
11 (a) (I) EXCEPT AS OTHERWISE PROVIDED IN SECTION 14-13-310 (4),
12 C.R.S., a husband shall not be examined for or against his wife without
13 her consent, nor a wife for or against her husband without his consent;
14 nor during the marriage or afterward shall either be examined without the
15 consent of the other as to any communications made by one to the other
16 during the marriage; but this exception does not apply to a civil action or
17 proceeding by one against the other, a criminal action or proceeding for
18 a crime committed by one against the other, or a criminal action or
19 proceeding against one or both spouses when the alleged offense occurred
20 prior to the date of the parties' marriage. However, this exception shall
21 not attach if the otherwise privileged information is communicated after
22 the marriage.
23 SECTION 4. 14-11-101, Colorado Revised Statutes, is amended
24 BY THE ADDITION OF A NEW SUBSECTION to read:
25 14-11-101. Foreign decrees - how handled.
26 (4) NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE, A
Page 40
1 CHILD-CUSTODY DETERMINATION, AS THAT TERM IS DEFINED IN SECTION
2 14-13-102 (3), C.R.S., ISSUED BY A COURT OF ANOTHER STATE SHALL BE
3 REGISTERED IN ACCORDANCE WITH SECTION 14-13-305, C.R.S.
4 SECTION 5. Effective date - applicability. This act shall take
5 effect July 1, 1999, and shall apply to causes of action filed on or after
6 said date.
7 SECTION 6. Safety clause. The general assembly hereby finds,
8 determines, and declares that this act is necessary for the immediate
9 preservation of the public peace, health, and safety.