IC 31-21-6-1 Order for the return of a child made under the Hague Convention
on the Civil Aspects of International Child Abduction
Sec. 1. Under this chapter, an Indiana court may enforce an order
for the return of the child made under the Hague Convention on the
Civil Aspects of International Child Abduction as if it were a child
custody determination. As added by P.L.138-2007, SEC.45.
IC 31-21-6-2 Enforcement of a child custody determination made in another
state; remedies
Sec. 2. (a) An Indiana court shall recognize and enforce a child
custody determination of a court of another state if the court of
another state exercised jurisdiction in substantial conformity with
this article or the determination:
(1) was made under factual circumstances meeting the
jurisdictional 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 other
Indiana law to enforce a child custody determination made by a court
of another state. The remedies provided in this article:
(1) are cumulative; and
(2) do not affect the availability of other remedies to enforce a
child 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 to
modify a child custody determination may issue a temporary order
enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination of
another state that does not provide for a specific visitation
schedule.
(b) If an Indiana court makes an order under subsection (a)(2), the
Indiana court shall specify in the order a period that it considers
adequate to allow the petitioner to obtain an order from a court
having jurisdiction under the criteria specified in IC 31-21-5. The
order 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 of
another state may be registered in Indiana, with or without a
simultaneous request for enforcement, by sending the following to
the appropriate Indiana court:
(1) A letter or other document requesting registration.
(2) Two (2) copies, including one (1) certified copy, of the
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified.
(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 who
has been awarded custody or visitation in the child custody
determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one (1) copy of the accompanying documents and
information, 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 the
registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state the
following:
(1) A registered determination is enforceable as of the date of
the registration in the same manner as a child custody
determination issued by an Indiana court.
(2) A hearing to contest the validity of the registered
determination must be requested not more than twenty (20) days
after service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custody
determination; and
(B) preclude further contest of that determination with
respect 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 registered
order must request a hearing not more than twenty (20) days after
service of the notice. At the hearing, the court shall confirm the
registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(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, but
notice was not given in accordance with the standards of
IC 31-21-3-3 in the proceedings before the court that issued the
order for which registration is sought.
(b) If a timely request for a hearing to contest the validity of the
registration is not made:
(1) the registration is confirmed as a matter of law; and
(2) the person requesting registration and each person served
must 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 that
may 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 available
under Indiana law to enforce a registered child custody determination
made by a court of another state.
(b) An Indiana court shall recognize and enforce, but may not
modify, except in accordance with IC 31-21-5, a registered child
custody 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 is
commenced in an Indiana court and the court determines that a
proceeding to modify the determination is pending in a court of
another state having jurisdiction to modify the determination under
IC 31-21-5, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues
unless the enforcing court, after consultation with the modifying
court, 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. Certified
copies 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 an
order may be attached instead of the original.
(b) A petition for enforcement of a child custody determination
must state the following:
(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 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 affect
the 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 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's 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 sections 4 and 5 of this chapter, the date and
place 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 in
person with or without the child at a hearing; and
(2) may enter an 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 holding the hearing on 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 hearing at the request of
the petitioner.
(b) An order issued under subsection (a) 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 15 of this chapter and may schedule a hearing to
determine whether further relief is appropriate unless the respondent
appears 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 this
chapter, the petition and order must be served, by a method
authorized by Indiana law, on the respondent and any person who has
physical 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 order
under IC 31-21-5-4 on a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the
petitioner may take immediate physical custody of the child unless
the respondent 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of
a state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 under
section 15 of this chapter; and
(2) may grant additional relief, including a request for the
assistance of law enforcement officials, and set a hearing to
determine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground that
the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
(c) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding 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 of
a child
Sec. 13. (a) On 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 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 physical
harm or be removed from Indiana, the court may issue a warrant to
take physical custody of the child. The petition must be heard on the
next judicial day after the warrant is executed unless hearing the
petition on that date is impossible. In that event, the court shall hold
the hearing on the first judicial day possible. The application for the
warrant must include the statements required by section 8(b) of this
chapter. 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 serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
(c) A warrant to take physical custody of a child is enforceable
throughout Indiana. If the court finds on the basis of the testimony of
the petitioner or other witness that a less intrusive remedy is not
effective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required by
exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a child
to 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, including
a state, necessary and reasonable expenses incurred by or on behalf
of 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 establishes
that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a
state 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 an
order issued by another state and consistent with this article 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 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 a
proceeding under this article in accordance with expedited appellate
procedures in other civil cases. Unless the court enters a temporary
emergency order under IC 31-21-5-4, the enforcing court may not
stay an order enforcing a child custody determination pending
appeal. 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 the
Hague Convention on the Civil Aspects of International Child
Abduction, a prosecuting attorney or other appropriate public official
may 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 determination
if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
(3) a reasonable belief that a criminal statute has been violated;
or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on
the Civil Aspects of International Child Abduction.
(b) A prosecuting attorney or other appropriate public official
acting under this section acts on behalf of the court and may not
represent 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 other
appropriate public official acting under section 18 of this chapter, a
law enforcement officer may:
(1) take a lawful action reasonably necessary to locate a child
or a party; and
(2) assist a prosecuting attorney or appropriate public official
with 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 court
may assess against the respondent the direct expenses and costs
incurred by the prosecuting attorney or other appropriate public
official and law enforcement officers under section 18 or 19 of this
chapter. As added by P.L.138-2007, SEC.45.
IC 31-21-6-1 Order for the return of a child made under the Hague Convention
on the Civil Aspects of International Child Abduction
Sec. 1. Under this chapter, an Indiana court may enforce an order
for the return of the child made under the Hague Convention on the
Civil Aspects of International Child Abduction as if it were a child
custody determination. As added by P.L.138-2007, SEC.45.
IC 31-21-6-2 Enforcement of a child custody determination made in another
state; remedies
Sec. 2. (a) An Indiana court shall recognize and enforce a child
custody determination of a court of another state if the court of
another state exercised jurisdiction in substantial conformity with
this article or the determination:
(1) was made under factual circumstances meeting the
jurisdictional 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 other
Indiana law to enforce a child custody determination made by a court
of another state. The remedies provided in this article:
(1) are cumulative; and
(2) do not affect the availability of other remedies to enforce a
child 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 to
modify a child custody determination may issue a temporary order
enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination of
another state that does not provide for a specific visitation
schedule.
(b) If an Indiana court makes an order under subsection (a)(2), the
Indiana court shall specify in the order a period that it considers
adequate to allow the petitioner to obtain an order from a court
having jurisdiction under the criteria specified in IC 31-21-5. The
order 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 of
another state may be registered in Indiana, with or without a
simultaneous request for enforcement, by sending the following to
the appropriate Indiana court:
(1) A letter or other document requesting registration.
(2) Two (2) copies, including one (1) certified copy, of the
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified.
(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 who
has been awarded custody or visitation in the child custody
determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one (1) copy of the accompanying documents and
information, 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 the
registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state the
following:
(1) A registered determination is enforceable as of the date of
the registration in the same manner as a child custody
determination issued by an Indiana court.
(2) A hearing to contest the validity of the registered
determination must be requested not more than twenty (20) days
after service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custody
determination; and
(B) preclude further contest of that determination with
respect 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 registered
order must request a hearing not more than twenty (20) days after
service of the notice. At the hearing, the court shall confirm the
registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(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, but
notice was not given in accordance with the standards of
IC 31-21-3-3 in the proceedings before the court that issued the
order for which registration is sought.
(b) If a timely request for a hearing to contest the validity of the
registration is not made:
(1) the registration is confirmed as a matter of law; and
(2) the person requesting registration and each person served
must 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 that
may 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 available
under Indiana law to enforce a registered child custody determination
made by a court of another state.
(b) An Indiana court shall recognize and enforce, but may not
modify, except in accordance with IC 31-21-5, a registered child
custody 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 is
commenced in an Indiana court and the court determines that a
proceeding to modify the determination is pending in a court of
another state having jurisdiction to modify the determination under
IC 31-21-5, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues
unless the enforcing court, after consultation with the modifying
court, 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. Certified
copies 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 an
order may be attached instead of the original.
(b) A petition for enforcement of a child custody determination
must state the following:
(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 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 affect
the 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 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's 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 sections 4 and 5 of this chapter, the date and
place 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 in
person with or without the child at a hearing; and
(2) may enter an 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 holding the hearing on 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 hearing at the request of
the petitioner.
(b) An order issued under subsection (a) 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 15 of this chapter and may schedule a hearing to
determine whether further relief is appropriate unless the respondent
appears 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 this
chapter, the petition and order must be served, by a method
authorized by Indiana law, on the respondent and any person who has
physical 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 order
under IC 31-21-5-4 on a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the
petitioner may take immediate physical custody of the child unless
the respondent 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of
a state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 under
section 15 of this chapter; and
(2) may grant additional relief, including a request for the
assistance of law enforcement officials, and set a hearing to
determine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground that
the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
(c) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding 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 of
a child
Sec. 13. (a) On 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 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 physical
harm or be removed from Indiana, the court may issue a warrant to
take physical custody of the child. The petition must be heard on the
next judicial day after the warrant is executed unless hearing the
petition on that date is impossible. In that event, the court shall hold
the hearing on the first judicial day possible. The application for the
warrant must include the statements required by section 8(b) of this
chapter. 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 serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
(c) A warrant to take physical custody of a child is enforceable
throughout Indiana. If the court finds on the basis of the testimony of
the petitioner or other witness that a less intrusive remedy is not
effective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required by
exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a child
to 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, including
a state, necessary and reasonable expenses incurred by or on behalf
of 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 establishes
that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a
state 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 an
order issued by another state and consistent with this article 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 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 a
proceeding under this article in accordance with expedited appellate
procedures in other civil cases. Unless the court enters a temporary
emergency order under IC 31-21-5-4, the enforcing court may not
stay an order enforcing a child custody determination pending
appeal. 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 the
Hague Convention on the Civil Aspects of International Child
Abduction, a prosecuting attorney or other appropriate public official
may 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 determination
if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
(3) a reasonable belief that a criminal statute has been violated;
or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on
the Civil Aspects of International Child Abduction.
(b) A prosecuting attorney or other appropriate public official
acting under this section acts on behalf of the court and may not
represent 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 other
appropriate public official acting under section 18 of this chapter, a
law enforcement officer may:
(1) take a lawful action reasonably necessary to locate a child
or a party; and
(2) assist a prosecuting attorney or appropriate public official
with 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 court
may assess against the respondent the direct expenses and costs
incurred by the prosecuting attorney or other appropriate public
official and law enforcement officers under section 18 or 19 of this
chapter. As added by P.L.138-2007, SEC.45.
IC 31-21-6-1 Order for the return of a child made under the Hague Convention
on the Civil Aspects of International Child Abduction
Sec. 1. Under this chapter, an Indiana court may enforce an order
for the return of the child made under the Hague Convention on the
Civil Aspects of International Child Abduction as if it were a child
custody determination. As added by P.L.138-2007, SEC.45.
IC 31-21-6-2 Enforcement of a child custody determination made in another
state; remedies
Sec. 2. (a) An Indiana court shall recognize and enforce a child
custody determination of a court of another state if the court of
another state exercised jurisdiction in substantial conformity with
this article or the determination:
(1) was made under factual circumstances meeting the
jurisdictional 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 other
Indiana law to enforce a child custody determination made by a court
of another state. The remedies provided in this article:
(1) are cumulative; and
(2) do not affect the availability of other remedies to enforce a
child 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 to
modify a child custody determination may issue a temporary order
enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination of
another state that does not provide for a specific visitation
schedule.
(b) If an Indiana court makes an order under subsection (a)(2), the
Indiana court shall specify in the order a period that it considers
adequate to allow the petitioner to obtain an order from a court
having jurisdiction under the criteria specified in IC 31-21-5. The
order 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 of
another state may be registered in Indiana, with or without a
simultaneous request for enforcement, by sending the following to
the appropriate Indiana court:
(1) A letter or other document requesting registration.
(2) Two (2) copies, including one (1) certified copy, of the
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified.
(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 who
has been awarded custody or visitation in the child custody
determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one (1) copy of the accompanying documents and
information, 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 the
registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state the
following:
(1) A registered determination is enforceable as of the date of
the registration in the same manner as a child custody
determination issued by an Indiana court.
(2) A hearing to contest the validity of the registered
determination must be requested not more than twenty (20) days
after service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custody
determination; and
(B) preclude further contest of that determination with
respect 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 registered
order must request a hearing not more than twenty (20) days after
service of the notice. At the hearing, the court shall confirm the
registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(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, but
notice was not given in accordance with the standards of
IC 31-21-3-3 in the proceedings before the court that issued the
order for which registration is sought.
(b) If a timely request for a hearing to contest the validity of the
registration is not made:
(1) the registration is confirmed as a matter of law; and
(2) the person requesting registration and each person served
must 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 that
may 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 available
under Indiana law to enforce a registered child custody determination
made by a court of another state.
(b) An Indiana court shall recognize and enforce, but may not
modify, except in accordance with IC 31-21-5, a registered child
custody 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 is
commenced in an Indiana court and the court determines that a
proceeding to modify the determination is pending in a court of
another state having jurisdiction to modify the determination under
IC 31-21-5, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues
unless the enforcing court, after consultation with the modifying
court, 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. Certified
copies 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 an
order may be attached instead of the original.
(b) A petition for enforcement of a child custody determination
must state the following:
(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 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 affect
the 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 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's 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 sections 4 and 5 of this chapter, the date and
place 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 in
person with or without the child at a hearing; and
(2) may enter an 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 holding the hearing on 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 hearing at the request of
the petitioner.
(b) An order issued under subsection (a) 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 15 of this chapter and may schedule a hearing to
determine whether further relief is appropriate unless the respondent
appears 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 this
chapter, the petition and order must be served, by a method
authorized by Indiana law, on the respondent and any person who has
physical 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 order
under IC 31-21-5-4 on a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the
petitioner may take immediate physical custody of the child unless
the respondent 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 under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of
a state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not
given in accordance with the standards of IC 31-21-3-3 in
the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of 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 under
section 15 of this chapter; and
(2) may grant additional relief, including a request for the
assistance of law enforcement officials, and set a hearing to
determine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground that
the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
(c) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding 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 of
a child
Sec. 13. (a) On 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 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 physical
harm or be removed from Indiana, the court may issue a warrant to
take physical custody of the child. The petition must be heard on the
next judicial day after the warrant is executed unless hearing the
petition on that date is impossible. In that event, the court shall hold
the hearing on the first judicial day possible. The application for the
warrant must include the statements required by section 8(b) of this
chapter. 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 serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
(c) A warrant to take physical custody of a child is enforceable
throughout Indiana. If the court finds on the basis of the testimony of
the petitioner or other witness that a less intrusive remedy is not
effective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required by
exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a child
to 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, including
a state, necessary and reasonable expenses incurred by or on behalf
of 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 establishes
that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a
state 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 an
order issued by another state and consistent with this article 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 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 a
proceeding under this article in accordance with expedited appellate
procedures in other civil cases. Unless the court enters a temporary
emergency order under IC 31-21-5-4, the enforcing court may not
stay an order enforcing a child custody determination pending
appeal. 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 the
Hague Convention on the Civil Aspects of International Child
Abduction, a prosecuting attorney or other appropriate public official
may 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 determination
if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
(3) a reasonable belief that a criminal statute has been violated;
or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on
the Civil Aspects of International Child Abduction.
(b) A prosecuting attorney or other appropriate public official
acting under this section acts on behalf of the court and may not
represent 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 other
appropriate public official acting under section 18 of this chapter, a
law enforcement officer may:
(1) take a lawful action reasonably necessary to locate a child
or a party; and
(2) assist a prosecuting attorney or appropriate public official
with 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 court
may assess against the respondent the direct expenses and costs
incurred by the prosecuting attorney or other appropriate public
official and law enforcement officers under section 18 or 19 of this
chapter. As added by P.L.138-2007, SEC.45.
