25-1058

25-1058. Expedited enforcement of child
custody determination

A. A petition under this article 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. A petition for enforcement of a child custody determination must state:

1. Whether the court that issued the determination identified the jurisdictional
basis it relied on in exercising jurisdiction and, if so, what the basis was.

2. Whether the determination for which enforcement is sought has been vacated,
stayed or modified by a court whose decision must be enforced under this chapter and, if
so, shall identify the court, the case number and the nature of the proceeding.

3. Whether any proceeding has been commenced that could affect the current
proceeding, including proceedings relating to domestic violence, protective orders,
termination of parental rights and adoptions and, if so, shall identify the court, the
case number and the nature of the proceeding.

4. The present physical address of the child and the respondent, if known.

5. Whether relief in addition to the immediate physical custody of the child and
attorney fees is sought, including a request for assistance from law enforcement
officials and, if so, the relief sought.

6. If the child custody determination has been registered and confirmed under
section 25-1055, the date and place of registration.

C. On the filing of a petition, the court shall issue an order directing the
respondent to appear in person with or without the child at a hearing and may enter any
order necessary to ensure the safety of the parties and the child. The hearing must be
held on the next judicial day after service of the order unless that date is impossible.
In that event, the court shall hold the hearing on the first judicial day possible. The
court may extend the date of the hearing at the request of the petitioner.

D. An order issued under subsection C of this section must state the time and place
of the hearing and advise the respondent that at the hearing the court will order that
the petitioner may take immediate physical custody of the child and the payment of fees,
costs and expenses under section 25-1062 and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears and establishes that either
of the following is true:

1. The child custody determination has not been registered and confirmed under
section 25-1055 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(b) The child custody determination for which enforcement is sought has been
vacated, stayed or modified by a court having jurisdiction to do so under article 2 of
this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance
with section 25-1008, in the proceedings before the court that issued the order for which
enforcement is sought.

2. The child custody determination for which enforcement is sought was registered
and confirmed under section 25-1054, but has been vacated, stayed or modified by a court
of a state having jurisdiction to do so under article 2 of this chapter.