CHAPTER 6. ENFORCEMENT
IC 31-21-6
Chapter 6. Enforcement
IC 31-21-6-1
Order for the return of a child made under the Hague Conventionon the Civil Aspects of International Child Abduction
Sec. 1. Under this chapter, an Indiana court may enforce an orderfor the return of the child made under the Hague Convention on theCivil Aspects of International Child Abduction as if it were a childcustody determination.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-2
Enforcement of a child custody determination made in anotherstate; remedies
Sec. 2. (a) An Indiana court shall recognize and enforce a childcustody determination of a court of another state if the court ofanother state exercised jurisdiction in substantial conformity withthis article or the determination:
(1) was made under factual circumstances meeting thejurisdictional standards of this article; and
(2) has not been modified in accordance with this article.
(b) An Indiana court may use a remedy available under any otherIndiana law to enforce a child custody determination made by a courtof another state. The remedies provided in this article:
(1) are cumulative; and
(2) do not affect the availability of other remedies to enforce achild custody determination.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-3
Temporary orders
Sec. 3. (a) An Indiana court that does not have jurisdiction tomodify a child custody determination may issue a temporary orderenforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination ofanother state that does not provide for a specific visitationschedule.
(b) If an Indiana court makes an order under subsection (a)(2), theIndiana court shall specify in the order a period that it considersadequate to allow the petitioner to obtain an order from a courthaving jurisdiction under the criteria specified in IC 31-21-5. Theorder remains in effect until:
(1) an order is obtained from the court having jurisdiction; or
(2) the period expires.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-4
Registry of child custody determinations made in another state;
registering court duties; notice requirements
Sec. 4. (a) A child custody determination issued by a court ofanother state may be registered in Indiana, with or without asimultaneous request for enforcement, by sending the following tothe appropriate Indiana court:
(1) A letter or other document requesting registration.
(2) Two (2) copies, including one (1) certified copy, of thedetermination sought to be registered and a statement underpenalty of perjury that to the best of the knowledge and beliefof the person seeking registration the order has not beenmodified.
(3) Except as otherwise provided in section 13 of this chapter:
(A) the name and address of the person seeking registration;and
(B) the name of a parent or person acting as a parent whohas been awarded custody or visitation in the child custodydetermination sought to be registered.
(b) On receipt of the documents required by subsection (a), theregistering court shall:
(1) cause the determination to be filed as a foreign judgment,together with one (1) copy of the accompanying documents andinformation, regardless of their form; and
(2) serve notice on each person named under subsection (a)(3)and provide the person with an opportunity to contest theregistration in accordance with this section.
(c) The notice required by subsection (b)(2) must state thefollowing:
(1) A registered determination is enforceable as of the date ofthe registration in the same manner as a child custodydetermination issued by an Indiana court.
(2) A hearing to contest the validity of the registereddetermination must be requested not more than twenty (20) daysafter service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custodydetermination; and
(B) preclude further contest of that determination withrespect to a matter that may have otherwise been asserted.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-5
Hearing to contest validity of a registered order
Sec. 5. (a) A person seeking to contest the validity of a registeredorder must request a hearing not more than twenty (20) days afterservice of the notice. At the hearing, the court shall confirm theregistered order unless the person contesting the registrationestablishes that:
(1) the issuing court did not have jurisdiction under IC 31-21-5;
(2) the child custody determination sought to be registered hasbeen: (A) vacated;
(B) stayed; or
(C) modified;
by a court having jurisdiction to do so under IC 31-21-5; or
(3) the person contesting registration was entitled to notice, butnotice was not given in accordance with the standards ofIC 31-21-3-3 in the proceedings before the court that issued theorder for which registration is sought.
(b) If a timely request for a hearing to contest the validity of theregistration is not made:
(1) the registration is confirmed as a matter of law; and
(2) the person requesting registration and each person servedmust be notified of the confirmation.
(c) Confirmation of a registered order whether:
(1) by operation of law; or
(2) after notice and hearing;
precludes further contest of the order with respect to a matter thatmay have been asserted at the time of registration.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-6
Enforcement of registered child custody determinations
Sec. 6. (a) An Indiana court may grant a relief normally availableunder Indiana law to enforce a registered child custody determinationmade by a court of another state.
(b) An Indiana court shall recognize and enforce, but may notmodify, except in accordance with IC 31-21-5, a registered childcustody determination of a court of another state.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-7
Proceedings pending in another state
Sec. 7. If a proceeding for enforcement under this article iscommenced in an Indiana court and the court determines that aproceeding to modify the determination is pending in a court ofanother state having jurisdiction to modify the determination underIC 31-21-5, the enforcing court shall immediately communicate withthe modifying court. The proceeding for enforcement continuesunless the enforcing court, after consultation with the modifyingcourt, stays or dismisses the proceeding.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-8
Petition verification requirements
Sec. 8. (a) A petition under this article must be verified. Certifiedcopies of:
(1) the orders sought to be enforced; and
(2) an order confirming registration;
must be attached to the petition. A copy of a certified copy of anorder may be attached instead of the original. (b) A petition for enforcement of a child custody determinationmust state the following:
(1) Whether the court that issued the determination identifiedthe jurisdictional basis it relied on in exercising jurisdictionand, if so, what the basis was.
(2) Whether the determination for which enforcement is soughthas been vacated, stayed, or modified by a court whose decisionmust be enforced under this article and, if so, identify:
(A) the court;
(B) the case number; and
(C) the nature of the proceeding.
(3) Whether a proceeding has been commenced that may affectthe current proceeding, including proceedings relating to:
(A) domestic violence;
(B) protective orders;
(C) termination of parental rights; and
(D) adoptions;
and, if so, identify the court, the case number, and the nature ofthe proceeding.
(4) The present physical address of the child and therespondent, if known.
(5) Whether relief in addition to the immediate physical custodyof the child and attorney's fees is sought, including a request forassistance from law enforcement officials and, if so, the reliefsought.
(6) If the child custody determination has been registered andconfirmed under sections 4 and 5 of this chapter, the date andplace of registration.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-9
Court duties after petition is filed
Sec. 9. (a) On the filing of a petition, the court:
(1) shall issue an order directing the respondent to appear inperson with or without the child at a hearing; and
(2) may enter an order necessary to ensure the safety of theparties and the child.
The hearing must be held on the next judicial day after service of theorder unless holding the hearing on that date is impossible. In thatevent, the court shall hold the hearing on the first judicial daypossible. The court may extend the date of hearing at the request ofthe petitioner.
(b) An order issued under subsection (a) must state the time andplace of the hearing and advise the respondent that at the hearing thecourt will order that the petitioner may take immediate physicalcustody of the child and the payment of fees, costs, and expensesunder section 15 of this chapter and may schedule a hearing todetermine whether further relief is appropriate unless the respondentappears and establishes that:
(1) the child custody determination has not been registered and
confirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction underIC 31-21-5;
(B) the child custody determination for which enforcementis sought has been vacated, stayed, or modified by a courthaving jurisdiction under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was notgiven in accordance with the standards of IC 31-21-3-3 inthe proceedings before the court that issued the order forwhich enforcement is sought; or
(2) the child custody determination for which enforcement issought was registered and confirmed under sections 4 and 5 ofthis chapter but has been vacated, stayed, or modified by a courtof a state having jurisdiction under IC 31-21-5.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-10
Service of petition
Sec. 10. Except as otherwise provided in section 13 or 14 of thischapter, the petition and order must be served, by a methodauthorized by Indiana law, on the respondent and any person who hasphysical custody of the child.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-11
Orders concerning physical custody of a child
Sec. 11. Unless the court issues a temporary emergency orderunder IC 31-21-5-4 on a finding that a petitioner is entitled toimmediate physical custody of the child, the court shall order that thepetitioner may take immediate physical custody of the child unlessthe respondent establishes that:
(1) the child custody determination has not been registered andconfirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction underIC 31-21-5;
(B) the child custody determination for which enforcementis sought has been vacated, stayed, or modified by a court ofa state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was notgiven in accordance with the standards of IC 31-21-3-3 inthe proceedings before the court that issued the order forwhich enforcement is sought; or
(2) the child custody determination for which enforcement issought was registered and confirmed under sections 4 and 5 ofthis chapter but has been vacated, stayed, or modified by a courtof a state having jurisdiction under IC 31-21-5.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-12
Fees, costs, and expenses; request for assistance of law
enforcement; additional relief; refusal to testify; spousal privilege
Sec. 12. (a) The court:
(1) shall award the fees, costs, and expenses authorized undersection 15 of this chapter; and
(2) may grant additional relief, including a request for theassistance of law enforcement officials, and set a hearing todetermine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground thatthe testimony may be self-incriminating, the court may draw anadverse inference from the refusal.
(c) A privilege against disclosure of communications betweenspouses and a defense of immunity based on the relationship ofhusband and wife or parent and child may not be invoked in aproceeding under this chapter.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-13
Application for issuance of a warrant to take physical custody ofa child
Sec. 13. (a) On the filing of a petition seeking enforcement of achild custody determination, the petitioner may file a verifiedapplication for the issuance of a warrant to take physical custody ofthe child if the child is immediately likely to:
(1) suffer serious physical harm; or
(2) be removed from Indiana.
(b) If the court, on the testimony of the petitioner or other witness,finds that the child is imminently likely to suffer serious physicalharm or be removed from Indiana, the court may issue a warrant totake physical custody of the child. The petition must be heard on thenext judicial day after the warrant is executed unless hearing thepetition on that date is impossible. In that event, the court shall holdthe hearing on the first judicial day possible. The application for thewarrant must include the statements required by section 8(b) of thischapter.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-14
Information on a warrant to take physical custody of a child
Sec. 14. (a) A warrant to take physical custody of a child must:
(1) recite the facts on which a conclusion of imminent seriousphysical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody ofthe child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant, andorder immediately after the child is taken into physical custody.
(c) A warrant to take physical custody of a child is enforceablethroughout Indiana. If the court finds on the basis of the testimony ofthe petitioner or other witness that a less intrusive remedy is noteffective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required byexigent circumstances of the case, the court may authorize lawenforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a childto ensure the appearance of the child and the child's custodian.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-15
Reasonable expenses awards
Sec. 15. (a) The court shall award the prevailing party, includinga state, necessary and reasonable expenses incurred by or on behalfof the party, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) child care during the course of the proceedings;
unless the party from whom fees or expenses are sought establishesthat the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against astate unless authorized by law other than this article.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-16
Full faith and credit to out-of-state orders
Sec. 16. An Indiana court shall accord full faith and credit to anorder issued by another state and consistent with this article thatenforces a child custody determination by a court of another stateunless the order has been vacated, stayed, or modified by a courthaving jurisdiction under IC 31-21-5.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-17
Appeals
Sec. 17. An appeal may be taken from a final order in aproceeding under this article in accordance with expedited appellateprocedures in other civil cases. Unless the court enters a temporaryemergency order under IC 31-21-5-4, the enforcing court may notstay an order enforcing a child custody determination pendingappeal.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-18
Proceeding to locate a child
Sec. 18. (a) In a case arising under this article or involving theHague Convention on the Civil Aspects of International ChildAbduction, a prosecuting attorney or other appropriate public officialmay take a lawful action, including resorting to a proceeding under
this article or any other available civil proceeding, to locate a child,obtain the return of a child, or enforce a child custody determinationif there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custodyproceeding;
(3) a reasonable belief that a criminal statute has been violated;or
(4) a reasonable belief that the child has been wrongfullyremoved or retained in violation of the Hague Convention onthe Civil Aspects of International Child Abduction.
(b) A prosecuting attorney or other appropriate public officialacting under this section acts on behalf of the court and may notrepresent a party.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-19
Law enforcement officer actions
Sec. 19. At the request of a prosecuting attorney or otherappropriate public official acting under section 18 of this chapter, alaw enforcement officer may:
(1) take a lawful action reasonably necessary to locate a childor a party; and
(2) assist a prosecuting attorney or appropriate public officialwith responsibilities under section 18 of this chapter.
As added by P.L.138-2007, SEC.45.
IC 31-21-6-20
Assessment of costs
Sec. 20. If the respondent is not the prevailing party, the courtmay assess against the respondent the direct expenses and costsincurred by the prosecuting attorney or other appropriate publicofficial and law enforcement officers under section 18 or 19 of thischapter.
As added by P.L.138-2007, SEC.45.