State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-13 > 78b-13-308

78B-13-308. Expedited enforcement of child custody determination.
(1) A petition under this part shall be verified. Certified copies of all orders sought to beenforced and of the order confirming registration, if any, shall be attached to the petition. A copyof a certified copy of an order may be attached instead of the original.
(2) A petition for enforcement of a child custody determination shall state:
(a) whether the court that issued the determination identified the jurisdictional basis itrelied upon in exercising jurisdiction and, if so, what the basis was;
(b) whether the determination for which enforcement is sought has been vacated, stayed,or modified by a court whose decision shall be enforced under this chapter or federal law and, ifso, identify the court, the case number of the proceeding, and the action taken;
(c) whether any proceeding has been commenced that could affect the currentproceeding, including proceedings relating to domestic violence, protective orders, termination ofparental rights, and adoptions and, if so, identify the court and the case number and the nature ofthe proceeding;
(d) the present physical address of the child and the respondent, if known; and
(e) whether relief in addition to the immediate physical custody of the child and attorneyfees is sought, including a request for assistance from law enforcement officials and, if so, therelief sought.
(3) If the child custody determination has been registered and confirmed under Section78B-13-305, the petition shall also state the date and place of registration.
(4) The court shall issue an order directing the respondent to appear with or without thechild at a hearing and may enter any orders necessary to ensure the safety of the parties and thechild.
(5) The hearing shall be held on the next judicial day following service of process unlessthat date is impossible. In that event, the court shall hold the hearing on the first day possible. The court may extend the date of hearing at the request of the petitioner.
(6) The order shall state the time and place of the hearing and shall advise the respondentthat at the hearing the court will order the delivery of the child and the payment of fees, costs,and expenses under Section 78B-13-312, and may set an additional hearing to determine whetherfurther relief is appropriate, unless the respondent appears and establishes that:
(a) the child custody determination has not been registered and confirmed under Section78B-13-305, and that:
(i) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(ii) 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 Part 2, Jurisdiction, orfederal law; or
(iii) the respondent was entitled to notice, but notice was not given in accordance withthe standards of Section 78B-13-108 in the proceedings before the court that issued the order forwhich enforcement is sought; or
(b) the child custody determination for which enforcement is sought was registered andconfirmed under Section 78B-13-305, but has been vacated, stayed, or modified by a court of astate having jurisdiction to do so under Part 2, Jurisdiction, or federal law.

Renumbered and Amended by Chapter 3, 2008 General Session