State Codes and Statutes

Statutes > Wyoming > Title20 > Chapter5

CHAPTER 5 - CHILD CUSTODY

 

ARTICLE 1 - [UNIFORM CHILD CUSTODY JURISDICTION ACT]

 

20-5-101. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-102. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-103. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-104. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-105. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-106. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-107. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-108. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-109. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-110. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-111. Repealed By Laws 2005, ch. 11, 3.

 

20-5-112. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-113. Repealed By Laws 2005, ch. 11, 3.

 

20-5-114. Repealed By Laws 2005, ch. 11, 3.

 

20-5-115. Repealed By Laws 2005, ch. 11, 3.

 

20-5-116. Repealed By Laws 2005, ch. 11, 3.

 

20-5-117. Repealed By Laws 2005, ch. 11, 3.

 

20-5-118. Repealed By Laws 2005, ch. 11, 3.

 

20-5-119. Repealed By Laws 2005, ch. 11, 3.

 

20-5-120. Repealed By Laws 2005, ch. 11, 3.

 

20-5-121. Repealed By Laws 2005, ch. 11, 3.

 

20-5-122. Repealed By Laws 2005, ch. 11, 3.

 

20-5-123. Repealed By Laws 2005, ch. 11, 3.

 

20-5-124. Repealed By Laws 2005, ch. 11, 3.

 

20-5-125. Repealed By Laws 2005, ch. 11, 3.

 

ARTICLE 2 - GENERAL PROVISIONS

 

20-5-201. Short title.

 

This act may be cited as the "UniformChild Custody Jurisdiction and Enforcement Act."

 

20-5-202. Definitions.

 

(a) As used in this act:

 

(i) "Abandoned" means left without provision forreasonable and necessary care or supervision;

 

(ii) "Child" means an individual who has not attainedeighteen (18) years of age;

 

(iii) "Child custody determination" means a judgment,decree or other order of a court providing for the legal custody, physicalcustody or visitation with respect to a child, including a permanent,temporary, initial or modification order. "Child custodydetermination" shall not include an order relating to child support orother monetary obligation of an individual;

 

(iv) "Child custody proceeding" means a proceeding inwhich legal custody, physical custody or visitation with respect to a child isan issue, including a proceeding for divorce, separation, neglect, abuse,dependency, guardianship, paternity, termination of parental rights orprotection from domestic violence in which the issue may appear. "Childcustody proceeding" shall not include a proceeding involving juveniledelinquency, contractual emancipation or enforcement under article 4 of thisact;

 

(v) "Commencement" means the filing of the firstpleading in a proceeding;

 

(vi) "Court" means an entity authorized under the lawof a state to establish, enforce or modify a child custody determination;

 

(vii) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately before the commencement of a child custodyproceeding or, in the case of a child less than six (6) months of age, thestate in which the child lived from birth with a parent or a person acting as aparent. A period of temporary absence of any of the persons mentioned is partof the period;

 

(viii) "Initial determination" means the first childcustody determination concerning a particular child;

 

(ix) "Issuing court" means the court that makes achild custody determination for which enforcement is sought under this act;

 

(x) "Issuing state" means the state in which a childcustody determination is made;

 

(xi) "Modification" means a child custodydetermination that changes, replaces, supersedes or is otherwise made after aprevious determination concerning the same child, whether or not it is made bythe court that made the previous determination;

 

(xii) "Person" means as defined by W.S. 8-1-102(a)(vi);

 

(xiii) "Person acting as a parent" means a person, otherthan a parent, who:

 

(A) Has physical custody of the child or has had physicalcustody for a period of six (6) consecutive months, including any temporaryabsence, within one (1) year immediately before the commencement of a childcustody proceeding; and

 

(B) Has been awarded legal custody by a court or claims a rightto legal custody under the law of this state.

 

(xiv) "Physical custody" means the physical care andsupervision of a child;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;

 

(xvi) "Tribe" means an Indian tribe or band, or Alaskannative village, which is recognized by federal law or formally acknowledged bya state;

 

(xvii) "Warrant" means an order issued by a courtauthorizing law enforcement officers to take physical custody of a child;

 

(xviii) "This act" means W.S. 20-5-201 through 20-5-502.

 

20-5-203. Proceedings governed by other law.

 

This act shall not govern an adoptionproceeding or a proceeding pertaining to the authorization of emergency medicalcare for a child.

 

20-5-204. Application to tribes.

 

(a) A child custody proceeding that pertains to an Indian childas defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall notbe subject to this act to the extent that it is governed by the Indian ChildWelfare Act.

 

(b) A court of this state shall treat a tribe as if the tribewere a state of the United States for the purpose of applying articles 2 and 3of this act.

 

(c) A child custody determination made by a tribe under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

20-5-205. International application.

 

(a) A court of this state shall treat a foreign country as ifit were a state of the United States for the purpose of applying articles 2 and3 of this act.

 

(b) Except as otherwise provided in subsection (c) of thissection, a child custody determination made in a foreign country under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

(c) A court of this state may not apply this act if the childcustody law of a foreign country violates fundamental principles of humanrights.

 

20-5-206. Effect of child custody determination.

 

A child custody determination made by acourt of this state that had jurisdiction under this act shall bind all personswho have been served in accordance with the laws of this state or notified inaccordance with W.S. 20-5-208 or who have submitted to the jurisdiction of thecourt and who have been given an opportunity to be heard. As to those persons,the determination shall be conclusive as to all decided issues of law and factexcept to the extent the determination is modified.

 

20-5-207. Priority.

 

If a question of existence or exercise ofjurisdiction under this act is raised in a child custody proceeding, thequestion, upon request of a party, shall be given priority on the calendar andhandled expeditiously.

 

20-5-208. Notice to persons outside of state.

 

(a) Notice required for the exercise of jurisdiction when aperson is outside this state may be given in a manner prescribed by the law ofthis state for service of process or by the law of the state in which theservice is made. Notice shall be given in a manner reasonably calculated togive actual notice but may be by publication if other means are not effective.

 

(b) Proof of service may be made in the manner prescribed bythe law of this state or by the law of the state in which the service is made.

 

(c) Notice shall not be required for the exercise ofjurisdiction with respect to a person who submits to the jurisdiction of thecourt.

 

20-5-209. Appearance and limited immunity.

 

(a) A party to a child custody proceeding, including amodification proceeding, or a petitioner or respondent in a proceeding toenforce or register a child custody determination, shall not be subject topersonal jurisdiction in this state for another proceeding or purpose solely byreason of having participated, or of having been physically present for thepurpose of participating, in the proceeding.

 

(b) A person who is subject to personal jurisdiction in thisstate on a basis other than physical presence shall not be immune from serviceof process in this state. A party present in this state who is subject to thejurisdiction of another state shall not be immune from service of processallowable under the laws of that state.

 

(c) The immunity granted by subsection (a) of this sectionshall not extend to civil litigation based on acts unrelated to theparticipation in a proceeding under this act committed by an individual whilepresent in this state.

 

20-5-210. Communication between courts.

 

(a) A court of this state may communicate with a court inanother state concerning a proceeding arising under this act.

 

(b) The court may allow the parties to participate in thecommunication. If the parties are not able to participate in thecommunication, the parties shall be given the opportunity to present facts andlegal arguments before a decision on jurisdiction may be made.

 

(c) Communication between courts on schedules, calendars, courtrecords and similar matters may occur without informing the parties. A recordneed not be made of the communication made pursuant to this subsection.

 

(d) Except as provided in subsection (c) of this section, arecord shall be made of a communication under this section. The parties shallbe informed promptly of the communication and granted access to the record.

 

(e) For the purposes of this section, "record" meansinformation that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.

 

20-5-211. Taking testimony in another state.

 

(a) In addition to other procedures available to a party, aparty to a child custody proceeding may offer testimony of witnesses who arelocated in another state, including testimony of the parties and the child, bydeposition or other means allowable in this state for testimony taken in theother state. The court on its own motion may order that the testimony of aperson be taken in another state and may prescribe the manner in which and theterms upon which the testimony shall be taken.

 

(b) A court of this state may permit an individual residing inanother state to be deposed or to testify by telephone, audiovisual means orother electronic means before a designated court or at another location in thatstate. A court of this state shall cooperate with courts of other states indesignating an appropriate location for the deposition or testimony.

 

(c) Documentary evidence transmitted from another state to acourt of this state by technological means that do not produce an originalwriting may not be excluded from evidence on an objection based on the means oftransmission.

 

20-5-212. Cooperation between courts; preservation of record.

 

(a) A court of this state may request the appropriate court ofanother state to:

 

(i) Hold an evidentiary hearing;

 

(ii) Order a person to produce or give evidence pursuant toprocedures of that state;

 

(iii) Order that an evaluation be made with respect to thecustody of a child involved in a pending proceeding;

 

(iv) Forward to the court of this state a certified copy of thetranscript of the record of the hearing, the evidence otherwise presented andany evaluation prepared in compliance with the request; and

 

(v) Order a party to a child custody proceeding or any personhaving physical custody of the child to appear in the proceeding with orwithout the child.

 

(b) Upon request of a court of another state, a court of thisstate may hold a hearing or enter an order described in subsection (a) of thissection.

 

(c) Travel and other necessary and reasonable expenses incurredunder subsections (a) and (b) of this section may be assessed against theparties according to the law of this state.

 

(d) A court of this state shall preserve the pleadings, orders,decrees, records of hearings, evaluations and other pertinent records withrespect to a child custody proceeding until the child attains eighteen (18)years of age. Upon appropriate request by a court or law enforcement officialof another state, the court shall forward a certified copy of those records.

 

ARTICLE 3 - JURISDICTION

 

ARTICLE 3 - JURISDICTION

 

20-5-301. Initial child custody jurisdiction.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state has jurisdiction to make an initial child custody determination onlyif:

 

(i) This state is the home state of the child on the date ofthe commencement of the proceeding, or was the home state of the child withinsix (6) months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continues tolive in this state;

 

(ii) A court of another state does not have jurisdiction under aprovision of law from that state that is in substantial conformity withparagraph (i) of this subsection, or a court of the home state of the child hasdeclined to exercise jurisdiction on the ground that this state is the moreappropriate forum under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308, and:

 

(A) The child and the child's parents, or the child and atleast one (1) parent or a person acting as a parent, have a significantconnection with this state other than mere physical presence; and

 

(B) Substantial evidence is available in this state concerningthe child's care, protection, training and personal relationships.

 

(iii) All courts of another state having jurisdiction underprovisions of law from that state in substantial conformity with paragraph (i)or (ii) of this subsection have declined to exercise jurisdiction on the groundthat a court of this state is the more appropriate forum to determine thecustody of the child under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308; or

 

(iv) No court of any other state would have jurisdiction underthe criteria specified in paragraph (i), (ii) or (iii) of this subsection.

 

(b) Subsection (a) of this section shall be the exclusivejurisdictional basis for making a child custody determination by a court ofthis state.

 

(c) Physical presence of, or personal jurisdiction over, aparty or a child shall not be necessary or sufficient to make a child custodydetermination.

 

20-5-302. Exclusive, continuing jurisdiction.

 

(a) Except as provided in W.S. 20-5-304, a court of this statewhich has made a child custody determination consistent with W.S. 20-5-301 or20-5-303 has exclusive, continuing jurisdiction over the determination until:

 

(i) A court of this state determines that the child, thechild's parents and any person acting as a parent do not have a significantconnection with this state and that substantial evidence is no longer availablein this state concerning the child's care, protection, training and personalrelationships; or

 

(ii) A court of this state or a court of another statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in this state.

 

(b) A court of this state which has made a child custodydetermination and does not have exclusive, continuing jurisdiction under thissection may modify that determination only if it has jurisdiction to make aninitial determination under W.S. 20-5-301.

 

20-5-303. Jurisdiction to modify determination.

 

(a) Except as provided in W.S. 20-5-304, a court of this statemay not modify a child custody determination made by a court of another stateunless the court of this state has jurisdiction to make an initialdetermination under W.S. 20-5-301(a)(i) or (ii) and:

 

(i) The court of the other state determines it no longer hasexclusive, continuing jurisdiction under a provision of law from that statethat is in substantial conformity with W.S. 20-5-302 or that a court of thisstate would be a more convenient forum under a provision of law from that statethat is in substantial conformity with W.S. 20-5-307; or

 

(ii) A court of this state or a court of the other statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in the other state.

 

20-5-304. Temporary emergency jurisdiction.

 

(a) A court of this state has temporary emergency jurisdictionif the child is present in this state and the child has been abandoned or it isnecessary in an emergency to protect the child because the child, the child'ssibling or a parent of the child is subjected to or threatened withmistreatment or abuse.

 

(b) If there is no previous child custody determination that isentitled to be enforced under this act and a child custody proceeding has notbeen commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section remainsin effect until an order is obtained from a court of a state havingjurisdiction under a provision of law in substantial conformity with W.S.20-5-301 through 20-5-303. If a child custody proceeding has not been or isnot commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section becomesa final determination, if it so provides and this state becomes the home stateof the child.

 

(c) If there is a previous child custody determination that isentitled to be enforced under this act, or a child custody proceeding has beencommenced in a court of a state having jurisdiction under a provision of lawfrom that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, any order issued by a court of this state under this section shallspecify in the order a period that the court considers adequate to allow theperson seeking an order to obtain an order from the state having jurisdictionunder a provision of law from that state that is in substantial conformity withW.S. 20-5-301 through 20-5-303. The order issued in this state remains ineffect until an order is obtained from the other state within the periodspecified or the period expires.

 

(d) A court of this state which has been asked to make a childcustody determination under this section, upon being informed that a childcustody proceeding has been commenced in, or a child custody determination hasbeen made by, a court of another state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, shall immediately communicate with the other court. A court of thisstate which is exercising jurisdiction pursuant to W.S. 20-5-301 through20-5-303, upon being informed that a child custody proceeding has beencommenced in, or a child custody determination has been made by, a court ofanother state under a statute similar to this section shall immediatelycommunicate with the court of that state to resolve the emergency, protect thesafety of the parties and the child and determine a period for the duration ofthe temporary order.

 

20-5-305. Notice; opportunity to be heard; joinder.

 

(a) Before a child custody determination is made under thisact, notice and an opportunity to be heard in accordance with the standards ofW.S. 20-5-208 shall be given to all persons entitled to notice under the law ofthis state as in child custody proceedings between residents of this state, anyparent whose parental rights have not been previously terminated and any personhaving physical custody of the child.

 

(b) This act shall not govern the enforceability of a childcustody determination made without notice or an opportunity to be heard.

 

(c) The obligation to join a party and the right to interveneas a party in a child custody proceeding under this act are governed by the lawof this state as in child custody proceedings between residents of this state.

 

20-5-306. Simultaneous proceedings.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state may not exercise its jurisdiction under this article if, at the timeof the commencement of the proceeding, a proceeding concerning the custody ofthe child has been commenced in a court of another state having jurisdictionsubstantially in conformity with this act, unless the proceeding has beenterminated or is stayed by the court of the other state because a court of thisstate is a more convenient forum under a provision of law from that state thatis in substantial conformity with W.S. 20-5-307.

 

(b) Except as otherwise provided in W.S. 20-5-304, a court ofthis state, before hearing a child custody proceeding, shall examine the courtdocuments and other information supplied by the parties pursuant to W.S.20-5-309. If the court determines that a child custody proceeding has beencommenced in a court in another state having jurisdiction substantially inaccordance with this act, the court of this state shall stay its proceeding andcommunicate with the court of the other state. If the court of the statehaving jurisdiction under the laws of that state in substantial conformity withthis act does not determine that the court of this state is a more appropriateforum, the court of this state shall dismiss the proceeding.

 

(c) In a proceeding to modify a child custody determination, acourt of this state shall determine whether a proceeding to enforce thedetermination has been commenced in another state. If a proceeding to enforcea child custody determination has been commenced in another state, the courtmay:

 

(i) Stay the proceeding for modification pending the entry ofan order of a court of the other state enforcing, staying, denying ordismissing the proceeding for enforcement;

 

(ii) Enjoin the parties from continuing with the proceeding forenforcement; or

 

(iii) Proceed with the modification under conditions it considersappropriate.

 

20-5-307. Inconvenient forum.

 

(a) A court of this state which has jurisdiction under this actto make a child custody determination may decline to exercise its jurisdictionat any time if it determines that it is an inconvenient forum under thecircumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, thecourt's own motion, or request of another court.

 

(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shallallow the parties to submit information and shall consider all relevantfactors, including:

 

(i) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;

 

(ii) The length of time the child has resided outside thisstate;

 

(iii) The distance between the court in this state and the courtin the state that would assume jurisdiction;

 

(iv) The relative financial circumstances of the parties;

 

(v) Any agreement of the parties as to which state shouldassume jurisdiction;

 

(vi) The nature and location of the evidence required to resolvethe pending litigation, including testimony of the child;

 

(vii) The ability of the court of each state to decide the issueexpeditiously and the procedures necessary to present the evidence; and

 

(viii) The familiarity of the court of each state with the factsand issues in the pending litigation.

 

(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly commenced in another designated state and may impose anyother condition the court considers just and proper.

 

(d) A court of this state may decline to exercise its jurisdictionunder this act if a child custody determination is incidental to an action fordivorce or another proceeding while still retaining jurisdiction over thedivorce or other proceeding.

 

20-5-308. Jurisdiction declined by reason of conduct.

 

(a) Except as otherwise provided in W.S. 20-5-304 or by otherlaw of this state, if a court of this state has jurisdiction under this actbecause a person seeking to invoke its jurisdiction has engaged inunjustifiable conduct, the court shall decline to exercise its jurisdictionunless:

 

(i) The parents and all persons acting as parents haveacquiesced in the exercise of jurisdiction;

 

(ii) A court of the state otherwise having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303 determines that this state is a more appropriateforum under a provision of law from that state that is in substantialconformity with W.S. 20-5-307; or

 

(iii) No court of any other state would have jurisdiction under thecriteria specified in a provision of law from that state that is in substantialconformity with W.S. 20-5-301 through 20-5-303.

 

(b) If a court of this state declines to exercise itsjurisdiction pursuant to subsection (a) of this section, it may provide anappropriate remedy to ensure the safety of the child and prevent a repetitionof the unjustifiable conduct, including staying the proceeding until a childcustody proceeding is commenced in a court having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303.

 

(c) If a court dismisses a petition or stays a proceedingbecause it declines to exercise its jurisdiction pursuant to subsection (a) ofthis section, it shall assess against the party seeking to invoke itsjurisdiction necessary and reasonable expenses including costs, communicationexpenses, attorney fees, investigative fees, expenses for witnesses, travelexpenses and child care during the course of the proceedings, unless the partyfrom whom fees are sought establishes that the assessment would be clearlyinappropriate. The court may not assess fees, costs or expenses against thisstate unless authorized by law other than this act.

 

20-5-309. Information to be submitted to the court.

 

(a) Subject to a court order allowing a party to maintainconfidentiality of addresses or other identifying information or other lawproviding for the confidentiality of procedures, addresses and otheridentifying information, in a child custody proceeding each party in its firstpleading or in an attached affidavit shall give information, if reasonablyascertainable, under oath as to the child's present address or whereabouts, theplaces where the child has lived during the last five (5) years and the namesand present addresses of the persons with whom the child has lived during thatperiod. The pleading or affidavit shall state whether the party:

 

(i) Has participated, as a party or witness or in any othercapacity, in any other proceeding concerning the custody of or visitation withthe child, and if so, the pleading or affidavit shall identify the court, thecase number and the date of the child custody determination, if any;

 

(ii) Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights and adoptions, andif so, the pleading or affidavit shall identify the court, the case number andthe nature of the proceeding; and

 

(iii) Knows the names and addresses of any person not a party tothe proceeding who has physical custody of the child or claims rights of legalcustody or physical custody of, or visitation with, the child, and if so, thepleading or affidavit shall list the names and addresses of those persons.

 

(b) If the information required by subsection (a) of thissection is not furnished, the court, upon motion of a party or its own motion,may stay the proceeding until the information is furnished.

 

(c) If the declaration as to any of the items described inparagraphs (a)(i) through (iii) of this section is in the affirmative, thedeclarant shall give additional information under oath as required by thecourt. The court may examine the parties under oath as to details of theinformation furnished and other matters pertinent to the court's jurisdictionand the disposition of the case.

 

(d) Each party has a continuing duty to inform the court of anyproceeding in this or any other state that could affect the current proceeding.

 

(e) If a party alleges in an affidavit or a pleading under oaththat the health, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed and maynot be disclosed to the other party or the public unless the court orders thedisclosure to be made after a hearing in which the court takes intoconsideration the health, safety or liberty of the party or child anddetermines that the disclosure is in the interest of justice.

 

20-5-310. Appearance of parties and child.

 

(a) In a child custody proceeding in this state, the court mayorder a party to the proceeding who is in this state to appear before the courtin person with or without the child. The court may order any person who is inthis state and who has physical custody or control of the child to appear inperson with the child.

 

(b) If a party to a child custody proceeding whose presence isdesired by the court is outside this state, the court may order that a noticegiven pursuant to W.S. 20-5-208 include a statement directing the party toappear in person with or without the child and informing the party that failureto appear may result in a decision adverse to the party.

 

(c) The court may enter any orders necessary to ensure thesafety of the child and of any person ordered to appear under this section.

 

(d) If a party to a child custody proceeding who is outsidethis state is directed to appear under subsection (b) of this section or desiresto appear personally before the court with or without the child, the court mayrequire another party to pay reasonable and necessary travel and other expensesof the party so appearing and of the child.

 

ARTICLE 4 - ENFORCEMENT

 

20-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Petitioner" means a person who seeks enforcementof an order for return of a child under the Hague Convention on the CivilAspects of International Child Abduction or enforcement of a child custodydetermination;

 

(ii) "Respondent" means a person against whom aproceeding has been commenced for enforcement of an order for return of a childunder the Hague Convention on the Civil Aspects of International ChildAbduction or enforcement of a child custody determination.

 

20-5-402. Enforcement under the Hague Convention.

 

Under this article, a court of this statemay enforce an order for the return of the child made under the HagueConvention on the Civil Aspects of International Child Abduction as if it werea child custody determination.

 

20-5-403. Duty to enforce.

 

(a) A court of this state shall recognize and enforce a childcustody determination of a court of another state if the latter court exercisedjurisdiction in substantial conformity with this act or the determination wasmade under factual circumstances meeting the jurisdictional standards of thisact and the determination has not been modified in accordance with this act.

 

(b) A court of this state may utilize any remedy availableunder other law of this state to enforce a child custody determination made bya court of another state. The remedies provided in this article are cumulativeand do not affect the availability of other remedies to enforce a child custodydetermination.

 

20-5-404. Temporary visitation.

 

(a) A court of this state which does not have jurisdiction tomodify a child custody determination may issue a temporary order enforcing:

 

(i) A visitation schedule made by a court of another state; or

 

(ii) The visitation provisions of a child custody determinationof another state that does not provide for a specific visitation schedule.

 

(b) If a court of this state makes an order under paragraph(a)(ii) of this section, it shall specify in the order a period that itconsiders adequate to allow the petitioner to obtain an order from a courthaving jurisdiction under the criteria specified in article 3 of this act. Theorder remains in effect until an order is obtained from the other court or theperiod expires.

 

20-5-405. Registration of child custody determination.

 

(a) A child custody determination issued by a court of anotherstate may be registered in this state, with or without a simultaneous requestfor enforcement, by sending to the appropriate court in this state:

 

(i) A letter or other document requesting registration;

 

(ii) Two (2) copies, including one (1) certified copy, of thedetermination sought to be registered, and a statement under penalty of perjurythat to the best of the knowledge and belief of the person seeking registrationthe order has not been modified; and

 

(iii) Except as otherwise provided in W.S. 20-5-309, the name andaddress of the person seeking registration and any parent or person acting as aparent who has been awarded custody or visitation in the child custodydetermination sought to be registered.

 

(b) On receipt of the documents required by subsection (a) ofthis section, the registering court shall:

 

(i) Cause the determination to be filed as a foreign judgment,together with one (1) copy of any accompanying documents and information,regardless of their form; and

 

(ii) Serve notice upon the persons named pursuant to paragraph(a)(iii) of this section and provide them with an opportunity to contest theregistration in accordance with this section.

 

(c) The notice required by paragraph (b)(ii) of this sectionshall state that:

 

(i) A registered determination is enforceable as of the date ofthe registration in the same manner as a determination issued by a court ofthis state;

 

(ii) A hearing to contest the validity of the registereddetermination must be requested within twenty (20) days after service ofnotice; and

 

(iii) Failure to contest the registration will result inconfirmation of the child custody determination and preclude further contest ofthat determination with respect to any matter that could have been asserted.

 

(d) A person seeking to contest the validity of a registeredorder shall request a hearing within twenty (20) days after service of thenotice. At that hearing, the court shall confirm the registered order unlessthe person contesting registration establishes that:

 

(i) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(ii) The child custody determination sought to be registered hasbeen vacated, stayed or modified by a court having jurisdiction to do so undera provision of law from that state that is in substantial conformity witharticle 3 of this act; or

 

(iii) The person contesting registration was entitled to notice,but notice was not given in accordance with standards under a provision of lawfrom that state in substantial conformity with W.S. 20-5-208, in theproceedings before the court that issued the order for which registration issought.

 

(e) If a timely request for a hearing to contest the validityof the registration is not made, the registration is confirmed as a matter oflaw and the person requesting registration and all persons served shall benotified of the confirmation.

 

(f) Confirmation of a registered order, whether by operation oflaw or after notice and hearing, precludes further contest of the order withrespect to any matter that could have been asserted at the time ofregistration.

 

20-5-406. Enforcement of registered determination.

 

(a) A court of this state may grant any relief normallyavailable under the law of this state to enforce a registered child custodydetermination made by a court of another state.

 

(b) A court of this state shall recognize and enforce, butshall not modify except in accordance with article 3 of this act, a registeredchild custody determination of a court of another state.

 

20-5-407. Simultaneous proceedings.

 

If a proceeding for enforcement under thisarticle is commenced in a court of this state and the court determines that aproceeding to modify the determination is pending in a court of another statehaving jurisdiction to modify the determination under a provision of law fromthat state that is in substantial conformity with article 3 of this act, theenforcing court shall immediately communicate with the modifying court. Theproceeding for enforcement shall continue unless the enforcing court, afterconsultation with the modifying court, stays or dismisses the proceeding.

 

20-5-408. Expedited enforcement of child custody determination.

 

(a) A petition under this article in which the petitioner isseeking expedited enforcement shall be verified. Certified copies of allorders sought to be enforced and of any order confirming registration shall beattached to the petition. A copy of a certified copy of an order may beattached instead of the original.

 

(b) A petition for enforcement of a child custody determinationshall state:

 

(i) Whether the court that issued the determination identifiedthe jurisdictional basis it relied upon in exercising jurisdiction and, if so,what the basis was;

 

(ii) Whether the determination for which enforcement is soughthas been vacated, stayed or modified by a court whose decision is enforceableunder this act and, if so, the identity of the court, the case number and thenature of the proceeding;

 

(iii) Whether any proceeding has been commenced that could affectthe current proceeding, including proceedings relating to domestic violence,protective orders, termination of parental rights and adoptions and, if so, theidentity of the court, the case number and the nature of the proceeding;

 

(iv) The present physical address of the child and therespondent, if known;

 

(v) Whether relief in addition to the immediate physicalcustody of the child and attorney fees is sought, including a request forassistance from law enforcement officials and, if so, the relief sought; and

 

(vi) If the child custody determination has been registered andconfirmed under W.S. 20-5-405, the date and place of registration.

 

(c) Upon the filing of a petition, the court shall issue anorder directing the respondent to appear in person with or without the child ata hearing and may enter any order necessary to ensure the safety of the partiesand the child. The hearing shall be held on the next judicial day afterservice of the order unless that date is impossible. In the event that thenext judicial day after service of the order is impossible, the court shallhold the hearing on the first judicial day possible. The court may extend thedate of hearing at the request of the petitioner.

 

(d) An order issued under subsection (c) of this section shallstate the time and place of the hearing and advise the respondent that at thehearing the court will order that the petitioner may take immediate physicalcustody of the child and the payment of fees, costs and expenses under W.S.20-5-412, and may schedule a hearing to determine whether further relief isappropriate, unless the respondent appears and establishes either that:

 

(i) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court having jurisdiction todo so under a provision of law from that state that is in substantialconformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(ii) The child custody determination for which enforcement issought was registered and confirmed under a provision of law from that statethat is in substantial conformity with W.S. 20-5-404, but has been vacated,stayed or modified by a court of a state having jurisdiction to do so under aprovision of law from that state that is in substantial conformity with article3 of this act.

 

20-5-409. Service of petition and order.

 

Except as provided in W.S. 20-5-411, thepetition and order shall be served by any method authorized by the law of thisstate upon the respondent and any person who has physical custody of the child.

 

20-5-410. Hearing and order.

 

(a) Unless the court issues a temporary emergency orderpursuant to W.S. 20-5-304, upon 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 unless therespondent establishes either that:

 

(i) The child custody determination for which enforcement issought was registered and confirmed under W.S. 20-5-405 but has been vacated,stayed or modified by a court of a state having jurisdiction to do so underarticle 3 of this act; or

 

(ii) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court of a state havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(b) The court shall award the fees, costs and expensesauthorized under W.S. 20-5-412 and may grant additional relief, including arequest for the assistance of law enforcement officials, and set a furtherhearing to determine whether additional relief is appropriate.

 

(c) If a party called to testify refuses to answer on theground that the testimony may be self-incriminating, the court may draw anadverse inference from the refusal.

 

(d) A privilege against disclosure of communications betweenspouses and a defense of immunity based on the relationship of husband and wifeor parent and child may not be invoked in a proceeding under this article.

 

20-5-411. Warrant to take physical custody of a child.

 

(a) Upon the filing of a petition seeking enforcement of achild custody determination, the petitioner may file a verified application forthe issuance of a warrant to take physical custody of the child if the child isimmediately likely to suffer serious physical harm or be removed from thisstate.

 

(b) If the court, upon the testimony of the petitioner or otherwitness, finds that the child is imminently likely to suffer serious physicalharm or be removed from this state, it may issue a warrant to take physicalcustody of the child. The petition shall be heard on the next judicial dayafter the warrant is executed unless that date is impossible. In the eventthat the next judicial day after service of the order is impossible, the courtshall hold the hearing on the first judicial day possible. The application forthe warrant shall include the statements required by W.S. 20-5-408(b).

 

(c) A warrant to take physical custody of a child shall:

 

(i) Recite the facts upon which a conclusion of imminentserious physical harm or removal from the jurisdiction is based;

 

(ii) Direct law enforcement officers to take physical custody ofthe child immediately; and

 

(iii) Provide for the placement of the child pending finalrelief.

 

(d) The respondent shall be served with the petition, warrantand order immediately after the child is taken into physical custody.

 

(e) A warrant to take physical custody of a child isenforceable throughout this state. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.

 

(f) The court may impose conditions upon placement of a childto ensure the appearance of the child and the child's custodian.

 

20-5-412. Costs, fees and expenses.

 

(a) The court shall award the prevailing party, including astate, necessary and reasonable expenses incurred by or on behalf of the party,including costs, communication expenses, attorney fees, investigative fees,expenses for witnesses, travel expenses and child care during the course of theproceedings, 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 act.

 

20-5-413. Recognition and enforcement.

 

A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with thisact which enforces a child custody determination by a court of another stateunless the order has been vacated, stayed or modified by a court havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act.

 

20-5-414. Appeals.

 

An appeal may be taken from a final orderin a proceeding under this article in accordance with expedited appellateprocedures in other civil cases. Unless the court enters a temporary emergencyorder under W.S. 20-5-304, the enforcing court may not stay an order enforcinga child custody determination pending appeal.

 

20-5-415. Role of prosecutor or other appropriate public official.

 

(a) In a case arising under this act or involving the HagueConvention on the Civil Aspects of International Child Abduction, the prosecutoror other appropriate public official may take any lawful action, includingresort to a proceeding under this article or any other available civilproceeding, to locate a child, obtain the return of a child or enforce a childcustody determination if there is:

 

(i) An existing child custody determination;

 

(ii) A request to do so from a court in a pending child custodyproceeding;

 

(iii) A reasonable belief that a criminal statute has beenviolated; or

 

(iv) A reasonable belief that the child has been wrongfullyremoved or retained in violation of the Hague Convention on the Civil Aspectsof International Child Abduction.

 

(b) A prosecutor or other appropriate public official actingunder this section acts on behalf of the court and may not represent any party.

 

20-5-416. Role of law enforcement.

 

At the request of a prosecutor or otherappropriate public official acting under W.S. 20-5-415, a law enforcementofficer may take any lawful action reasonably necessary to locate a child or aparty and assist a prosecutor or other appropriate public official withresponsibilities under W.S. 20-5-415.

 

20-5-417. Costs and expenses.

 

If the respondent is not the prevailingparty, the court may assess against the respondent all direct expenses andcosts incurred by the prosecutor or other appropriate public official and lawenforcement officers under W.S. 20-5-415 or 20-5-416.

 

ARTICLE 5 - MISCELLANEOUS PROVISIONS

 

20-5-501. Application and construction.

 

In applying and construing this act,consideration shall be given to the need to promote uniformity of the law withrespect to its subject matter among states that enact it.

 

20-5-502. Transitional provision.

 

A motion or other request for relief madein a child custody proceeding or to enforce a child custody determination whichwas commenced before the effective date of this act is governed by the law ineffect at the time the motion or other request was made.

 

State Codes and Statutes

Statutes > Wyoming > Title20 > Chapter5

CHAPTER 5 - CHILD CUSTODY

 

ARTICLE 1 - [UNIFORM CHILD CUSTODY JURISDICTION ACT]

 

20-5-101. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-102. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-103. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-104. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-105. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-106. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-107. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-108. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-109. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-110. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-111. Repealed By Laws 2005, ch. 11, 3.

 

20-5-112. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-113. Repealed By Laws 2005, ch. 11, 3.

 

20-5-114. Repealed By Laws 2005, ch. 11, 3.

 

20-5-115. Repealed By Laws 2005, ch. 11, 3.

 

20-5-116. Repealed By Laws 2005, ch. 11, 3.

 

20-5-117. Repealed By Laws 2005, ch. 11, 3.

 

20-5-118. Repealed By Laws 2005, ch. 11, 3.

 

20-5-119. Repealed By Laws 2005, ch. 11, 3.

 

20-5-120. Repealed By Laws 2005, ch. 11, 3.

 

20-5-121. Repealed By Laws 2005, ch. 11, 3.

 

20-5-122. Repealed By Laws 2005, ch. 11, 3.

 

20-5-123. Repealed By Laws 2005, ch. 11, 3.

 

20-5-124. Repealed By Laws 2005, ch. 11, 3.

 

20-5-125. Repealed By Laws 2005, ch. 11, 3.

 

ARTICLE 2 - GENERAL PROVISIONS

 

20-5-201. Short title.

 

This act may be cited as the "UniformChild Custody Jurisdiction and Enforcement Act."

 

20-5-202. Definitions.

 

(a) As used in this act:

 

(i) "Abandoned" means left without provision forreasonable and necessary care or supervision;

 

(ii) "Child" means an individual who has not attainedeighteen (18) years of age;

 

(iii) "Child custody determination" means a judgment,decree or other order of a court providing for the legal custody, physicalcustody or visitation with respect to a child, including a permanent,temporary, initial or modification order. "Child custodydetermination" shall not include an order relating to child support orother monetary obligation of an individual;

 

(iv) "Child custody proceeding" means a proceeding inwhich legal custody, physical custody or visitation with respect to a child isan issue, including a proceeding for divorce, separation, neglect, abuse,dependency, guardianship, paternity, termination of parental rights orprotection from domestic violence in which the issue may appear. "Childcustody proceeding" shall not include a proceeding involving juveniledelinquency, contractual emancipation or enforcement under article 4 of thisact;

 

(v) "Commencement" means the filing of the firstpleading in a proceeding;

 

(vi) "Court" means an entity authorized under the lawof a state to establish, enforce or modify a child custody determination;

 

(vii) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately before the commencement of a child custodyproceeding or, in the case of a child less than six (6) months of age, thestate in which the child lived from birth with a parent or a person acting as aparent. A period of temporary absence of any of the persons mentioned is partof the period;

 

(viii) "Initial determination" means the first childcustody determination concerning a particular child;

 

(ix) "Issuing court" means the court that makes achild custody determination for which enforcement is sought under this act;

 

(x) "Issuing state" means the state in which a childcustody determination is made;

 

(xi) "Modification" means a child custodydetermination that changes, replaces, supersedes or is otherwise made after aprevious determination concerning the same child, whether or not it is made bythe court that made the previous determination;

 

(xii) "Person" means as defined by W.S. 8-1-102(a)(vi);

 

(xiii) "Person acting as a parent" means a person, otherthan a parent, who:

 

(A) Has physical custody of the child or has had physicalcustody for a period of six (6) consecutive months, including any temporaryabsence, within one (1) year immediately before the commencement of a childcustody proceeding; and

 

(B) Has been awarded legal custody by a court or claims a rightto legal custody under the law of this state.

 

(xiv) "Physical custody" means the physical care andsupervision of a child;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;

 

(xvi) "Tribe" means an Indian tribe or band, or Alaskannative village, which is recognized by federal law or formally acknowledged bya state;

 

(xvii) "Warrant" means an order issued by a courtauthorizing law enforcement officers to take physical custody of a child;

 

(xviii) "This act" means W.S. 20-5-201 through 20-5-502.

 

20-5-203. Proceedings governed by other law.

 

This act shall not govern an adoptionproceeding or a proceeding pertaining to the authorization of emergency medicalcare for a child.

 

20-5-204. Application to tribes.

 

(a) A child custody proceeding that pertains to an Indian childas defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall notbe subject to this act to the extent that it is governed by the Indian ChildWelfare Act.

 

(b) A court of this state shall treat a tribe as if the tribewere a state of the United States for the purpose of applying articles 2 and 3of this act.

 

(c) A child custody determination made by a tribe under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

20-5-205. International application.

 

(a) A court of this state shall treat a foreign country as ifit were a state of the United States for the purpose of applying articles 2 and3 of this act.

 

(b) Except as otherwise provided in subsection (c) of thissection, a child custody determination made in a foreign country under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

(c) A court of this state may not apply this act if the childcustody law of a foreign country violates fundamental principles of humanrights.

 

20-5-206. Effect of child custody determination.

 

A child custody determination made by acourt of this state that had jurisdiction under this act shall bind all personswho have been served in accordance with the laws of this state or notified inaccordance with W.S. 20-5-208 or who have submitted to the jurisdiction of thecourt and who have been given an opportunity to be heard. As to those persons,the determination shall be conclusive as to all decided issues of law and factexcept to the extent the determination is modified.

 

20-5-207. Priority.

 

If a question of existence or exercise ofjurisdiction under this act is raised in a child custody proceeding, thequestion, upon request of a party, shall be given priority on the calendar andhandled expeditiously.

 

20-5-208. Notice to persons outside of state.

 

(a) Notice required for the exercise of jurisdiction when aperson is outside this state may be given in a manner prescribed by the law ofthis state for service of process or by the law of the state in which theservice is made. Notice shall be given in a manner reasonably calculated togive actual notice but may be by publication if other means are not effective.

 

(b) Proof of service may be made in the manner prescribed bythe law of this state or by the law of the state in which the service is made.

 

(c) Notice shall not be required for the exercise ofjurisdiction with respect to a person who submits to the jurisdiction of thecourt.

 

20-5-209. Appearance and limited immunity.

 

(a) A party to a child custody proceeding, including amodification proceeding, or a petitioner or respondent in a proceeding toenforce or register a child custody determination, shall not be subject topersonal jurisdiction in this state for another proceeding or purpose solely byreason of having participated, or of having been physically present for thepurpose of participating, in the proceeding.

 

(b) A person who is subject to personal jurisdiction in thisstate on a basis other than physical presence shall not be immune from serviceof process in this state. A party present in this state who is subject to thejurisdiction of another state shall not be immune from service of processallowable under the laws of that state.

 

(c) The immunity granted by subsection (a) of this sectionshall not extend to civil litigation based on acts unrelated to theparticipation in a proceeding under this act committed by an individual whilepresent in this state.

 

20-5-210. Communication between courts.

 

(a) A court of this state may communicate with a court inanother state concerning a proceeding arising under this act.

 

(b) The court may allow the parties to participate in thecommunication. If the parties are not able to participate in thecommunication, the parties shall be given the opportunity to present facts andlegal arguments before a decision on jurisdiction may be made.

 

(c) Communication between courts on schedules, calendars, courtrecords and similar matters may occur without informing the parties. A recordneed not be made of the communication made pursuant to this subsection.

 

(d) Except as provided in subsection (c) of this section, arecord shall be made of a communication under this section. The parties shallbe informed promptly of the communication and granted access to the record.

 

(e) For the purposes of this section, "record" meansinformation that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.

 

20-5-211. Taking testimony in another state.

 

(a) In addition to other procedures available to a party, aparty to a child custody proceeding may offer testimony of witnesses who arelocated in another state, including testimony of the parties and the child, bydeposition or other means allowable in this state for testimony taken in theother state. The court on its own motion may order that the testimony of aperson be taken in another state and may prescribe the manner in which and theterms upon which the testimony shall be taken.

 

(b) A court of this state may permit an individual residing inanother state to be deposed or to testify by telephone, audiovisual means orother electronic means before a designated court or at another location in thatstate. A court of this state shall cooperate with courts of other states indesignating an appropriate location for the deposition or testimony.

 

(c) Documentary evidence transmitted from another state to acourt of this state by technological means that do not produce an originalwriting may not be excluded from evidence on an objection based on the means oftransmission.

 

20-5-212. Cooperation between courts; preservation of record.

 

(a) A court of this state may request the appropriate court ofanother state to:

 

(i) Hold an evidentiary hearing;

 

(ii) Order a person to produce or give evidence pursuant toprocedures of that state;

 

(iii) Order that an evaluation be made with respect to thecustody of a child involved in a pending proceeding;

 

(iv) Forward to the court of this state a certified copy of thetranscript of the record of the hearing, the evidence otherwise presented andany evaluation prepared in compliance with the request; and

 

(v) Order a party to a child custody proceeding or any personhaving physical custody of the child to appear in the proceeding with orwithout the child.

 

(b) Upon request of a court of another state, a court of thisstate may hold a hearing or enter an order described in subsection (a) of thissection.

 

(c) Travel and other necessary and reasonable expenses incurredunder subsections (a) and (b) of this section may be assessed against theparties according to the law of this state.

 

(d) A court of this state shall preserve the pleadings, orders,decrees, records of hearings, evaluations and other pertinent records withrespect to a child custody proceeding until the child attains eighteen (18)years of age. Upon appropriate request by a court or law enforcement officialof another state, the court shall forward a certified copy of those records.

 

ARTICLE 3 - JURISDICTION

 

ARTICLE 3 - JURISDICTION

 

20-5-301. Initial child custody jurisdiction.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state has jurisdiction to make an initial child custody determination onlyif:

 

(i) This state is the home state of the child on the date ofthe commencement of the proceeding, or was the home state of the child withinsix (6) months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continues tolive in this state;

 

(ii) A court of another state does not have jurisdiction under aprovision of law from that state that is in substantial conformity withparagraph (i) of this subsection, or a court of the home state of the child hasdeclined to exercise jurisdiction on the ground that this state is the moreappropriate forum under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308, and:

 

(A) The child and the child's parents, or the child and atleast one (1) parent or a person acting as a parent, have a significantconnection with this state other than mere physical presence; and

 

(B) Substantial evidence is available in this state concerningthe child's care, protection, training and personal relationships.

 

(iii) All courts of another state having jurisdiction underprovisions of law from that state in substantial conformity with paragraph (i)or (ii) of this subsection have declined to exercise jurisdiction on the groundthat a court of this state is the more appropriate forum to determine thecustody of the child under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308; or

 

(iv) No court of any other state would have jurisdiction underthe criteria specified in paragraph (i), (ii) or (iii) of this subsection.

 

(b) Subsection (a) of this section shall be the exclusivejurisdictional basis for making a child custody determination by a court ofthis state.

 

(c) Physical presence of, or personal jurisdiction over, aparty or a child shall not be necessary or sufficient to make a child custodydetermination.

 

20-5-302. Exclusive, continuing jurisdiction.

 

(a) Except as provided in W.S. 20-5-304, a court of this statewhich has made a child custody determination consistent with W.S. 20-5-301 or20-5-303 has exclusive, continuing jurisdiction over the determination until:

 

(i) A court of this state determines that the child, thechild's parents and any person acting as a parent do not have a significantconnection with this state and that substantial evidence is no longer availablein this state concerning the child's care, protection, training and personalrelationships; or

 

(ii) A court of this state or a court of another statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in this state.

 

(b) A court of this state which has made a child custodydetermination and does not have exclusive, continuing jurisdiction under thissection may modify that determination only if it has jurisdiction to make aninitial determination under W.S. 20-5-301.

 

20-5-303. Jurisdiction to modify determination.

 

(a) Except as provided in W.S. 20-5-304, a court of this statemay not modify a child custody determination made by a court of another stateunless the court of this state has jurisdiction to make an initialdetermination under W.S. 20-5-301(a)(i) or (ii) and:

 

(i) The court of the other state determines it no longer hasexclusive, continuing jurisdiction under a provision of law from that statethat is in substantial conformity with W.S. 20-5-302 or that a court of thisstate would be a more convenient forum under a provision of law from that statethat is in substantial conformity with W.S. 20-5-307; or

 

(ii) A court of this state or a court of the other statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in the other state.

 

20-5-304. Temporary emergency jurisdiction.

 

(a) A court of this state has temporary emergency jurisdictionif the child is present in this state and the child has been abandoned or it isnecessary in an emergency to protect the child because the child, the child'ssibling or a parent of the child is subjected to or threatened withmistreatment or abuse.

 

(b) If there is no previous child custody determination that isentitled to be enforced under this act and a child custody proceeding has notbeen commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section remainsin effect until an order is obtained from a court of a state havingjurisdiction under a provision of law in substantial conformity with W.S.20-5-301 through 20-5-303. If a child custody proceeding has not been or isnot commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section becomesa final determination, if it so provides and this state becomes the home stateof the child.

 

(c) If there is a previous child custody determination that isentitled to be enforced under this act, or a child custody proceeding has beencommenced in a court of a state having jurisdiction under a provision of lawfrom that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, any order issued by a court of this state under this section shallspecify in the order a period that the court considers adequate to allow theperson seeking an order to obtain an order from the state having jurisdictionunder a provision of law from that state that is in substantial conformity withW.S. 20-5-301 through 20-5-303. The order issued in this state remains ineffect until an order is obtained from the other state within the periodspecified or the period expires.

 

(d) A court of this state which has been asked to make a childcustody determination under this section, upon being informed that a childcustody proceeding has been commenced in, or a child custody determination hasbeen made by, a court of another state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, shall immediately communicate with the other court. A court of thisstate which is exercising jurisdiction pursuant to W.S. 20-5-301 through20-5-303, upon being informed that a child custody proceeding has beencommenced in, or a child custody determination has been made by, a court ofanother state under a statute similar to this section shall immediatelycommunicate with the court of that state to resolve the emergency, protect thesafety of the parties and the child and determine a period for the duration ofthe temporary order.

 

20-5-305. Notice; opportunity to be heard; joinder.

 

(a) Before a child custody determination is made under thisact, notice and an opportunity to be heard in accordance with the standards ofW.S. 20-5-208 shall be given to all persons entitled to notice under the law ofthis state as in child custody proceedings between residents of this state, anyparent whose parental rights have not been previously terminated and any personhaving physical custody of the child.

 

(b) This act shall not govern the enforceability of a childcustody determination made without notice or an opportunity to be heard.

 

(c) The obligation to join a party and the right to interveneas a party in a child custody proceeding under this act are governed by the lawof this state as in child custody proceedings between residents of this state.

 

20-5-306. Simultaneous proceedings.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state may not exercise its jurisdiction under this article if, at the timeof the commencement of the proceeding, a proceeding concerning the custody ofthe child has been commenced in a court of another state having jurisdictionsubstantially in conformity with this act, unless the proceeding has beenterminated or is stayed by the court of the other state because a court of thisstate is a more convenient forum under a provision of law from that state thatis in substantial conformity with W.S. 20-5-307.

 

(b) Except as otherwise provided in W.S. 20-5-304, a court ofthis state, before hearing a child custody proceeding, shall examine the courtdocuments and other information supplied by the parties pursuant to W.S.20-5-309. If the court determines that a child custody proceeding has beencommenced in a court in another state having jurisdiction substantially inaccordance with this act, the court of this state shall stay its proceeding andcommunicate with the court of the other state. If the court of the statehaving jurisdiction under the laws of that state in substantial conformity withthis act does not determine that the court of this state is a more appropriateforum, the court of this state shall dismiss the proceeding.

 

(c) In a proceeding to modify a child custody determination, acourt of this state shall determine whether a proceeding to enforce thedetermination has been commenced in another state. If a proceeding to enforcea child custody determination has been commenced in another state, the courtmay:

 

(i) Stay the proceeding for modification pending the entry ofan order of a court of the other state enforcing, staying, denying ordismissing the proceeding for enforcement;

 

(ii) Enjoin the parties from continuing with the proceeding forenforcement; or

 

(iii) Proceed with the modification under conditions it considersappropriate.

 

20-5-307. Inconvenient forum.

 

(a) A court of this state which has jurisdiction under this actto make a child custody determination may decline to exercise its jurisdictionat any time if it determines that it is an inconvenient forum under thecircumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, thecourt's own motion, or request of another court.

 

(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shallallow the parties to submit information and shall consider all relevantfactors, including:

 

(i) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;

 

(ii) The length of time the child has resided outside thisstate;

 

(iii) The distance between the court in this state and the courtin the state that would assume jurisdiction;

 

(iv) The relative financial circumstances of the parties;

 

(v) Any agreement of the parties as to which state shouldassume jurisdiction;

 

(vi) The nature and location of the evidence required to resolvethe pending litigation, including testimony of the child;

 

(vii) The ability of the court of each state to decide the issueexpeditiously and the procedures necessary to present the evidence; and

 

(viii) The familiarity of the court of each state with the factsand issues in the pending litigation.

 

(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly commenced in another designated state and may impose anyother condition the court considers just and proper.

 

(d) A court of this state may decline to exercise its jurisdictionunder this act if a child custody determination is incidental to an action fordivorce or another proceeding while still retaining jurisdiction over thedivorce or other proceeding.

 

20-5-308. Jurisdiction declined by reason of conduct.

 

(a) Except as otherwise provided in W.S. 20-5-304 or by otherlaw of this state, if a court of this state has jurisdiction under this actbecause a person seeking to invoke its jurisdiction has engaged inunjustifiable conduct, the court shall decline to exercise its jurisdictionunless:

 

(i) The parents and all persons acting as parents haveacquiesced in the exercise of jurisdiction;

 

(ii) A court of the state otherwise having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303 determines that this state is a more appropriateforum under a provision of law from that state that is in substantialconformity with W.S. 20-5-307; or

 

(iii) No court of any other state would have jurisdiction under thecriteria specified in a provision of law from that state that is in substantialconformity with W.S. 20-5-301 through 20-5-303.

 

(b) If a court of this state declines to exercise itsjurisdiction pursuant to subsection (a) of this section, it may provide anappropriate remedy to ensure the safety of the child and prevent a repetitionof the unjustifiable conduct, including staying the proceeding until a childcustody proceeding is commenced in a court having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303.

 

(c) If a court dismisses a petition or stays a proceedingbecause it declines to exercise its jurisdiction pursuant to subsection (a) ofthis section, it shall assess against the party seeking to invoke itsjurisdiction necessary and reasonable expenses including costs, communicationexpenses, attorney fees, investigative fees, expenses for witnesses, travelexpenses and child care during the course of the proceedings, unless the partyfrom whom fees are sought establishes that the assessment would be clearlyinappropriate. The court may not assess fees, costs or expenses against thisstate unless authorized by law other than this act.

 

20-5-309. Information to be submitted to the court.

 

(a) Subject to a court order allowing a party to maintainconfidentiality of addresses or other identifying information or other lawproviding for the confidentiality of procedures, addresses and otheridentifying information, in a child custody proceeding each party in its firstpleading or in an attached affidavit shall give information, if reasonablyascertainable, under oath as to the child's present address or whereabouts, theplaces where the child has lived during the last five (5) years and the namesand present addresses of the persons with whom the child has lived during thatperiod. The pleading or affidavit shall state whether the party:

 

(i) Has participated, as a party or witness or in any othercapacity, in any other proceeding concerning the custody of or visitation withthe child, and if so, the pleading or affidavit shall identify the court, thecase number and the date of the child custody determination, if any;

 

(ii) Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights and adoptions, andif so, the pleading or affidavit shall identify the court, the case number andthe nature of the proceeding; and

 

(iii) Knows the names and addresses of any person not a party tothe proceeding who has physical custody of the child or claims rights of legalcustody or physical custody of, or visitation with, the child, and if so, thepleading or affidavit shall list the names and addresses of those persons.

 

(b) If the information required by subsection (a) of thissection is not furnished, the court, upon motion of a party or its own motion,may stay the proceeding until the information is furnished.

 

(c) If the declaration as to any of the items described inparagraphs (a)(i) through (iii) of this section is in the affirmative, thedeclarant shall give additional information under oath as required by thecourt. The court may examine the parties under oath as to details of theinformation furnished and other matters pertinent to the court's jurisdictionand the disposition of the case.

 

(d) Each party has a continuing duty to inform the court of anyproceeding in this or any other state that could affect the current proceeding.

 

(e) If a party alleges in an affidavit or a pleading under oaththat the health, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed and maynot be disclosed to the other party or the public unless the court orders thedisclosure to be made after a hearing in which the court takes intoconsideration the health, safety or liberty of the party or child anddetermines that the disclosure is in the interest of justice.

 

20-5-310. Appearance of parties and child.

 

(a) In a child custody proceeding in this state, the court mayorder a party to the proceeding who is in this state to appear before the courtin person with or without the child. The court may order any person who is inthis state and who has physical custody or control of the child to appear inperson with the child.

 

(b) If a party to a child custody proceeding whose presence isdesired by the court is outside this state, the court may order that a noticegiven pursuant to W.S. 20-5-208 include a statement directing the party toappear in person with or without the child and informing the party that failureto appear may result in a decision adverse to the party.

 

(c) The court may enter any orders necessary to ensure thesafety of the child and of any person ordered to appear under this section.

 

(d) If a party to a child custody proceeding who is outsidethis state is directed to appear under subsection (b) of this section or desiresto appear personally before the court with or without the child, the court mayrequire another party to pay reasonable and necessary travel and other expensesof the party so appearing and of the child.

 

ARTICLE 4 - ENFORCEMENT

 

20-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Petitioner" means a person who seeks enforcementof an order for return of a child under the Hague Convention on the CivilAspects of International Child Abduction or enforcement of a child custodydetermination;

 

(ii) "Respondent" means a person against whom aproceeding has been commenced for enforcement of an order for return of a childunder the Hague Convention on the Civil Aspects of International ChildAbduction or enforcement of a child custody determination.

 

20-5-402. Enforcement under the Hague Convention.

 

Under this article, a court of this statemay enforce an order for the return of the child made under the HagueConvention on the Civil Aspects of International Child Abduction as if it werea child custody determination.

 

20-5-403. Duty to enforce.

 

(a) A court of this state shall recognize and enforce a childcustody determination of a court of another state if the latter court exercisedjurisdiction in substantial conformity with this act or the determination wasmade under factual circumstances meeting the jurisdictional standards of thisact and the determination has not been modified in accordance with this act.

 

(b) A court of this state may utilize any remedy availableunder other law of this state to enforce a child custody determination made bya court of another state. The remedies provided in this article are cumulativeand do not affect the availability of other remedies to enforce a child custodydetermination.

 

20-5-404. Temporary visitation.

 

(a) A court of this state which does not have jurisdiction tomodify a child custody determination may issue a temporary order enforcing:

 

(i) A visitation schedule made by a court of another state; or

 

(ii) The visitation provisions of a child custody determinationof another state that does not provide for a specific visitation schedule.

 

(b) If a court of this state makes an order under paragraph(a)(ii) of this section, it shall specify in the order a period that itconsiders adequate to allow the petitioner to obtain an order from a courthaving jurisdiction under the criteria specified in article 3 of this act. Theorder remains in effect until an order is obtained from the other court or theperiod expires.

 

20-5-405. Registration of child custody determination.

 

(a) A child custody determination issued by a court of anotherstate may be registered in this state, with or without a simultaneous requestfor enforcement, by sending to the appropriate court in this state:

 

(i) A letter or other document requesting registration;

 

(ii) Two (2) copies, including one (1) certified copy, of thedetermination sought to be registered, and a statement under penalty of perjurythat to the best of the knowledge and belief of the person seeking registrationthe order has not been modified; and

 

(iii) Except as otherwise provided in W.S. 20-5-309, the name andaddress of the person seeking registration and any parent or person acting as aparent who has been awarded custody or visitation in the child custodydetermination sought to be registered.

 

(b) On receipt of the documents required by subsection (a) ofthis section, the registering court shall:

 

(i) Cause the determination to be filed as a foreign judgment,together with one (1) copy of any accompanying documents and information,regardless of their form; and

 

(ii) Serve notice upon the persons named pursuant to paragraph(a)(iii) of this section and provide them with an opportunity to contest theregistration in accordance with this section.

 

(c) The notice required by paragraph (b)(ii) of this sectionshall state that:

 

(i) A registered determination is enforceable as of the date ofthe registration in the same manner as a determination issued by a court ofthis state;

 

(ii) A hearing to contest the validity of the registereddetermination must be requested within twenty (20) days after service ofnotice; and

 

(iii) Failure to contest the registration will result inconfirmation of the child custody determination and preclude further contest ofthat determination with respect to any matter that could have been asserted.

 

(d) A person seeking to contest the validity of a registeredorder shall request a hearing within twenty (20) days after service of thenotice. At that hearing, the court shall confirm the registered order unlessthe person contesting registration establishes that:

 

(i) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(ii) The child custody determination sought to be registered hasbeen vacated, stayed or modified by a court having jurisdiction to do so undera provision of law from that state that is in substantial conformity witharticle 3 of this act; or

 

(iii) The person contesting registration was entitled to notice,but notice was not given in accordance with standards under a provision of lawfrom that state in substantial conformity with W.S. 20-5-208, in theproceedings before the court that issued the order for which registration issought.

 

(e) If a timely request for a hearing to contest the validityof the registration is not made, the registration is confirmed as a matter oflaw and the person requesting registration and all persons served shall benotified of the confirmation.

 

(f) Confirmation of a registered order, whether by operation oflaw or after notice and hearing, precludes further contest of the order withrespect to any matter that could have been asserted at the time ofregistration.

 

20-5-406. Enforcement of registered determination.

 

(a) A court of this state may grant any relief normallyavailable under the law of this state to enforce a registered child custodydetermination made by a court of another state.

 

(b) A court of this state shall recognize and enforce, butshall not modify except in accordance with article 3 of this act, a registeredchild custody determination of a court of another state.

 

20-5-407. Simultaneous proceedings.

 

If a proceeding for enforcement under thisarticle is commenced in a court of this state and the court determines that aproceeding to modify the determination is pending in a court of another statehaving jurisdiction to modify the determination under a provision of law fromthat state that is in substantial conformity with article 3 of this act, theenforcing court shall immediately communicate with the modifying court. Theproceeding for enforcement shall continue unless the enforcing court, afterconsultation with the modifying court, stays or dismisses the proceeding.

 

20-5-408. Expedited enforcement of child custody determination.

 

(a) A petition under this article in which the petitioner isseeking expedited enforcement shall be verified. Certified copies of allorders sought to be enforced and of any order confirming registration shall beattached to the petition. A copy of a certified copy of an order may beattached instead of the original.

 

(b) A petition for enforcement of a child custody determinationshall state:

 

(i) Whether the court that issued the determination identifiedthe jurisdictional basis it relied upon in exercising jurisdiction and, if so,what the basis was;

 

(ii) Whether the determination for which enforcement is soughthas been vacated, stayed or modified by a court whose decision is enforceableunder this act and, if so, the identity of the court, the case number and thenature of the proceeding;

 

(iii) Whether any proceeding has been commenced that could affectthe current proceeding, including proceedings relating to domestic violence,protective orders, termination of parental rights and adoptions and, if so, theidentity of the court, the case number and the nature of the proceeding;

 

(iv) The present physical address of the child and therespondent, if known;

 

(v) Whether relief in addition to the immediate physicalcustody of the child and attorney fees is sought, including a request forassistance from law enforcement officials and, if so, the relief sought; and

 

(vi) If the child custody determination has been registered andconfirmed under W.S. 20-5-405, the date and place of registration.

 

(c) Upon the filing of a petition, the court shall issue anorder directing the respondent to appear in person with or without the child ata hearing and may enter any order necessary to ensure the safety of the partiesand the child. The hearing shall be held on the next judicial day afterservice of the order unless that date is impossible. In the event that thenext judicial day after service of the order is impossible, the court shallhold the hearing on the first judicial day possible. The court may extend thedate of hearing at the request of the petitioner.

 

(d) An order issued under subsection (c) of this section shallstate the time and place of the hearing and advise the respondent that at thehearing the court will order that the petitioner may take immediate physicalcustody of the child and the payment of fees, costs and expenses under W.S.20-5-412, and may schedule a hearing to determine whether further relief isappropriate, unless the respondent appears and establishes either that:

 

(i) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court having jurisdiction todo so under a provision of law from that state that is in substantialconformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(ii) The child custody determination for which enforcement issought was registered and confirmed under a provision of law from that statethat is in substantial conformity with W.S. 20-5-404, but has been vacated,stayed or modified by a court of a state having jurisdiction to do so under aprovision of law from that state that is in substantial conformity with article3 of this act.

 

20-5-409. Service of petition and order.

 

Except as provided in W.S. 20-5-411, thepetition and order shall be served by any method authorized by the law of thisstate upon the respondent and any person who has physical custody of the child.

 

20-5-410. Hearing and order.

 

(a) Unless the court issues a temporary emergency orderpursuant to W.S. 20-5-304, upon 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 unless therespondent establishes either that:

 

(i) The child custody determination for which enforcement issought was registered and confirmed under W.S. 20-5-405 but has been vacated,stayed or modified by a court of a state having jurisdiction to do so underarticle 3 of this act; or

 

(ii) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court of a state havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(b) The court shall award the fees, costs and expensesauthorized under W.S. 20-5-412 and may grant additional relief, including arequest for the assistance of law enforcement officials, and set a furtherhearing to determine whether additional relief is appropriate.

 

(c) If a party called to testify refuses to answer on theground that the testimony may be self-incriminating, the court may draw anadverse inference from the refusal.

 

(d) A privilege against disclosure of communications betweenspouses and a defense of immunity based on the relationship of husband and wifeor parent and child may not be invoked in a proceeding under this article.

 

20-5-411. Warrant to take physical custody of a child.

 

(a) Upon the filing of a petition seeking enforcement of achild custody determination, the petitioner may file a verified application forthe issuance of a warrant to take physical custody of the child if the child isimmediately likely to suffer serious physical harm or be removed from thisstate.

 

(b) If the court, upon the testimony of the petitioner or otherwitness, finds that the child is imminently likely to suffer serious physicalharm or be removed from this state, it may issue a warrant to take physicalcustody of the child. The petition shall be heard on the next judicial dayafter the warrant is executed unless that date is impossible. In the eventthat the next judicial day after service of the order is impossible, the courtshall hold the hearing on the first judicial day possible. The application forthe warrant shall include the statements required by W.S. 20-5-408(b).

 

(c) A warrant to take physical custody of a child shall:

 

(i) Recite the facts upon which a conclusion of imminentserious physical harm or removal from the jurisdiction is based;

 

(ii) Direct law enforcement officers to take physical custody ofthe child immediately; and

 

(iii) Provide for the placement of the child pending finalrelief.

 

(d) The respondent shall be served with the petition, warrantand order immediately after the child is taken into physical custody.

 

(e) A warrant to take physical custody of a child isenforceable throughout this state. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.

 

(f) The court may impose conditions upon placement of a childto ensure the appearance of the child and the child's custodian.

 

20-5-412. Costs, fees and expenses.

 

(a) The court shall award the prevailing party, including astate, necessary and reasonable expenses incurred by or on behalf of the party,including costs, communication expenses, attorney fees, investigative fees,expenses for witnesses, travel expenses and child care during the course of theproceedings, 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 act.

 

20-5-413. Recognition and enforcement.

 

A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with thisact which enforces a child custody determination by a court of another stateunless the order has been vacated, stayed or modified by a court havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act.

 

20-5-414. Appeals.

 

An appeal may be taken from a final orderin a proceeding under this article in accordance with expedited appellateprocedures in other civil cases. Unless the court enters a temporary emergencyorder under W.S. 20-5-304, the enforcing court may not stay an order enforcinga child custody determination pending appeal.

 

20-5-415. Role of prosecutor or other appropriate public official.

 

(a) In a case arising under this act or involving the HagueConvention on the Civil Aspects of International Child Abduction, the prosecutoror other appropriate public official may take any lawful action, includingresort to a proceeding under this article or any other available civilproceeding, to locate a child, obtain the return of a child or enforce a childcustody determination if there is:

 

(i) An existing child custody determination;

 

(ii) A request to do so from a court in a pending child custodyproceeding;

 

(iii) A reasonable belief that a criminal statute has beenviolated; or

 

(iv) A reasonable belief that the child has been wrongfullyremoved or retained in violation of the Hague Convention on the Civil Aspectsof International Child Abduction.

 

(b) A prosecutor or other appropriate public official actingunder this section acts on behalf of the court and may not represent any party.

 

20-5-416. Role of law enforcement.

 

At the request of a prosecutor or otherappropriate public official acting under W.S. 20-5-415, a law enforcementofficer may take any lawful action reasonably necessary to locate a child or aparty and assist a prosecutor or other appropriate public official withresponsibilities under W.S. 20-5-415.

 

20-5-417. Costs and expenses.

 

If the respondent is not the prevailingparty, the court may assess against the respondent all direct expenses andcosts incurred by the prosecutor or other appropriate public official and lawenforcement officers under W.S. 20-5-415 or 20-5-416.

 

ARTICLE 5 - MISCELLANEOUS PROVISIONS

 

20-5-501. Application and construction.

 

In applying and construing this act,consideration shall be given to the need to promote uniformity of the law withrespect to its subject matter among states that enact it.

 

20-5-502. Transitional provision.

 

A motion or other request for relief madein a child custody proceeding or to enforce a child custody determination whichwas commenced before the effective date of this act is governed by the law ineffect at the time the motion or other request was made.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title20 > Chapter5

CHAPTER 5 - CHILD CUSTODY

 

ARTICLE 1 - [UNIFORM CHILD CUSTODY JURISDICTION ACT]

 

20-5-101. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-102. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-103. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-104. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-105. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-106. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-107. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-108. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-109. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-110. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-111. Repealed By Laws 2005, ch. 11, 3.

 

20-5-112. Repealed By Laws 2005, ch. 11, 3.

 

 

20-5-113. Repealed By Laws 2005, ch. 11, 3.

 

20-5-114. Repealed By Laws 2005, ch. 11, 3.

 

20-5-115. Repealed By Laws 2005, ch. 11, 3.

 

20-5-116. Repealed By Laws 2005, ch. 11, 3.

 

20-5-117. Repealed By Laws 2005, ch. 11, 3.

 

20-5-118. Repealed By Laws 2005, ch. 11, 3.

 

20-5-119. Repealed By Laws 2005, ch. 11, 3.

 

20-5-120. Repealed By Laws 2005, ch. 11, 3.

 

20-5-121. Repealed By Laws 2005, ch. 11, 3.

 

20-5-122. Repealed By Laws 2005, ch. 11, 3.

 

20-5-123. Repealed By Laws 2005, ch. 11, 3.

 

20-5-124. Repealed By Laws 2005, ch. 11, 3.

 

20-5-125. Repealed By Laws 2005, ch. 11, 3.

 

ARTICLE 2 - GENERAL PROVISIONS

 

20-5-201. Short title.

 

This act may be cited as the "UniformChild Custody Jurisdiction and Enforcement Act."

 

20-5-202. Definitions.

 

(a) As used in this act:

 

(i) "Abandoned" means left without provision forreasonable and necessary care or supervision;

 

(ii) "Child" means an individual who has not attainedeighteen (18) years of age;

 

(iii) "Child custody determination" means a judgment,decree or other order of a court providing for the legal custody, physicalcustody or visitation with respect to a child, including a permanent,temporary, initial or modification order. "Child custodydetermination" shall not include an order relating to child support orother monetary obligation of an individual;

 

(iv) "Child custody proceeding" means a proceeding inwhich legal custody, physical custody or visitation with respect to a child isan issue, including a proceeding for divorce, separation, neglect, abuse,dependency, guardianship, paternity, termination of parental rights orprotection from domestic violence in which the issue may appear. "Childcustody proceeding" shall not include a proceeding involving juveniledelinquency, contractual emancipation or enforcement under article 4 of thisact;

 

(v) "Commencement" means the filing of the firstpleading in a proceeding;

 

(vi) "Court" means an entity authorized under the lawof a state to establish, enforce or modify a child custody determination;

 

(vii) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately before the commencement of a child custodyproceeding or, in the case of a child less than six (6) months of age, thestate in which the child lived from birth with a parent or a person acting as aparent. A period of temporary absence of any of the persons mentioned is partof the period;

 

(viii) "Initial determination" means the first childcustody determination concerning a particular child;

 

(ix) "Issuing court" means the court that makes achild custody determination for which enforcement is sought under this act;

 

(x) "Issuing state" means the state in which a childcustody determination is made;

 

(xi) "Modification" means a child custodydetermination that changes, replaces, supersedes or is otherwise made after aprevious determination concerning the same child, whether or not it is made bythe court that made the previous determination;

 

(xii) "Person" means as defined by W.S. 8-1-102(a)(vi);

 

(xiii) "Person acting as a parent" means a person, otherthan a parent, who:

 

(A) Has physical custody of the child or has had physicalcustody for a period of six (6) consecutive months, including any temporaryabsence, within one (1) year immediately before the commencement of a childcustody proceeding; and

 

(B) Has been awarded legal custody by a court or claims a rightto legal custody under the law of this state.

 

(xiv) "Physical custody" means the physical care andsupervision of a child;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;

 

(xvi) "Tribe" means an Indian tribe or band, or Alaskannative village, which is recognized by federal law or formally acknowledged bya state;

 

(xvii) "Warrant" means an order issued by a courtauthorizing law enforcement officers to take physical custody of a child;

 

(xviii) "This act" means W.S. 20-5-201 through 20-5-502.

 

20-5-203. Proceedings governed by other law.

 

This act shall not govern an adoptionproceeding or a proceeding pertaining to the authorization of emergency medicalcare for a child.

 

20-5-204. Application to tribes.

 

(a) A child custody proceeding that pertains to an Indian childas defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall notbe subject to this act to the extent that it is governed by the Indian ChildWelfare Act.

 

(b) A court of this state shall treat a tribe as if the tribewere a state of the United States for the purpose of applying articles 2 and 3of this act.

 

(c) A child custody determination made by a tribe under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

20-5-205. International application.

 

(a) A court of this state shall treat a foreign country as ifit were a state of the United States for the purpose of applying articles 2 and3 of this act.

 

(b) Except as otherwise provided in subsection (c) of thissection, a child custody determination made in a foreign country under factualcircumstances in substantial conformity with the jurisdictional standards ofthis act shall be recognized and enforced under article 4 of this act.

 

(c) A court of this state may not apply this act if the childcustody law of a foreign country violates fundamental principles of humanrights.

 

20-5-206. Effect of child custody determination.

 

A child custody determination made by acourt of this state that had jurisdiction under this act shall bind all personswho have been served in accordance with the laws of this state or notified inaccordance with W.S. 20-5-208 or who have submitted to the jurisdiction of thecourt and who have been given an opportunity to be heard. As to those persons,the determination shall be conclusive as to all decided issues of law and factexcept to the extent the determination is modified.

 

20-5-207. Priority.

 

If a question of existence or exercise ofjurisdiction under this act is raised in a child custody proceeding, thequestion, upon request of a party, shall be given priority on the calendar andhandled expeditiously.

 

20-5-208. Notice to persons outside of state.

 

(a) Notice required for the exercise of jurisdiction when aperson is outside this state may be given in a manner prescribed by the law ofthis state for service of process or by the law of the state in which theservice is made. Notice shall be given in a manner reasonably calculated togive actual notice but may be by publication if other means are not effective.

 

(b) Proof of service may be made in the manner prescribed bythe law of this state or by the law of the state in which the service is made.

 

(c) Notice shall not be required for the exercise ofjurisdiction with respect to a person who submits to the jurisdiction of thecourt.

 

20-5-209. Appearance and limited immunity.

 

(a) A party to a child custody proceeding, including amodification proceeding, or a petitioner or respondent in a proceeding toenforce or register a child custody determination, shall not be subject topersonal jurisdiction in this state for another proceeding or purpose solely byreason of having participated, or of having been physically present for thepurpose of participating, in the proceeding.

 

(b) A person who is subject to personal jurisdiction in thisstate on a basis other than physical presence shall not be immune from serviceof process in this state. A party present in this state who is subject to thejurisdiction of another state shall not be immune from service of processallowable under the laws of that state.

 

(c) The immunity granted by subsection (a) of this sectionshall not extend to civil litigation based on acts unrelated to theparticipation in a proceeding under this act committed by an individual whilepresent in this state.

 

20-5-210. Communication between courts.

 

(a) A court of this state may communicate with a court inanother state concerning a proceeding arising under this act.

 

(b) The court may allow the parties to participate in thecommunication. If the parties are not able to participate in thecommunication, the parties shall be given the opportunity to present facts andlegal arguments before a decision on jurisdiction may be made.

 

(c) Communication between courts on schedules, calendars, courtrecords and similar matters may occur without informing the parties. A recordneed not be made of the communication made pursuant to this subsection.

 

(d) Except as provided in subsection (c) of this section, arecord shall be made of a communication under this section. The parties shallbe informed promptly of the communication and granted access to the record.

 

(e) For the purposes of this section, "record" meansinformation that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.

 

20-5-211. Taking testimony in another state.

 

(a) In addition to other procedures available to a party, aparty to a child custody proceeding may offer testimony of witnesses who arelocated in another state, including testimony of the parties and the child, bydeposition or other means allowable in this state for testimony taken in theother state. The court on its own motion may order that the testimony of aperson be taken in another state and may prescribe the manner in which and theterms upon which the testimony shall be taken.

 

(b) A court of this state may permit an individual residing inanother state to be deposed or to testify by telephone, audiovisual means orother electronic means before a designated court or at another location in thatstate. A court of this state shall cooperate with courts of other states indesignating an appropriate location for the deposition or testimony.

 

(c) Documentary evidence transmitted from another state to acourt of this state by technological means that do not produce an originalwriting may not be excluded from evidence on an objection based on the means oftransmission.

 

20-5-212. Cooperation between courts; preservation of record.

 

(a) A court of this state may request the appropriate court ofanother state to:

 

(i) Hold an evidentiary hearing;

 

(ii) Order a person to produce or give evidence pursuant toprocedures of that state;

 

(iii) Order that an evaluation be made with respect to thecustody of a child involved in a pending proceeding;

 

(iv) Forward to the court of this state a certified copy of thetranscript of the record of the hearing, the evidence otherwise presented andany evaluation prepared in compliance with the request; and

 

(v) Order a party to a child custody proceeding or any personhaving physical custody of the child to appear in the proceeding with orwithout the child.

 

(b) Upon request of a court of another state, a court of thisstate may hold a hearing or enter an order described in subsection (a) of thissection.

 

(c) Travel and other necessary and reasonable expenses incurredunder subsections (a) and (b) of this section may be assessed against theparties according to the law of this state.

 

(d) A court of this state shall preserve the pleadings, orders,decrees, records of hearings, evaluations and other pertinent records withrespect to a child custody proceeding until the child attains eighteen (18)years of age. Upon appropriate request by a court or law enforcement officialof another state, the court shall forward a certified copy of those records.

 

ARTICLE 3 - JURISDICTION

 

ARTICLE 3 - JURISDICTION

 

20-5-301. Initial child custody jurisdiction.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state has jurisdiction to make an initial child custody determination onlyif:

 

(i) This state is the home state of the child on the date ofthe commencement of the proceeding, or was the home state of the child withinsix (6) months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continues tolive in this state;

 

(ii) A court of another state does not have jurisdiction under aprovision of law from that state that is in substantial conformity withparagraph (i) of this subsection, or a court of the home state of the child hasdeclined to exercise jurisdiction on the ground that this state is the moreappropriate forum under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308, and:

 

(A) The child and the child's parents, or the child and atleast one (1) parent or a person acting as a parent, have a significantconnection with this state other than mere physical presence; and

 

(B) Substantial evidence is available in this state concerningthe child's care, protection, training and personal relationships.

 

(iii) All courts of another state having jurisdiction underprovisions of law from that state in substantial conformity with paragraph (i)or (ii) of this subsection have declined to exercise jurisdiction on the groundthat a court of this state is the more appropriate forum to determine thecustody of the child under a provision of law from that state that is insubstantial conformity with W.S. 20-5-307 or 20-5-308; or

 

(iv) No court of any other state would have jurisdiction underthe criteria specified in paragraph (i), (ii) or (iii) of this subsection.

 

(b) Subsection (a) of this section shall be the exclusivejurisdictional basis for making a child custody determination by a court ofthis state.

 

(c) Physical presence of, or personal jurisdiction over, aparty or a child shall not be necessary or sufficient to make a child custodydetermination.

 

20-5-302. Exclusive, continuing jurisdiction.

 

(a) Except as provided in W.S. 20-5-304, a court of this statewhich has made a child custody determination consistent with W.S. 20-5-301 or20-5-303 has exclusive, continuing jurisdiction over the determination until:

 

(i) A court of this state determines that the child, thechild's parents and any person acting as a parent do not have a significantconnection with this state and that substantial evidence is no longer availablein this state concerning the child's care, protection, training and personalrelationships; or

 

(ii) A court of this state or a court of another statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in this state.

 

(b) A court of this state which has made a child custodydetermination and does not have exclusive, continuing jurisdiction under thissection may modify that determination only if it has jurisdiction to make aninitial determination under W.S. 20-5-301.

 

20-5-303. Jurisdiction to modify determination.

 

(a) Except as provided in W.S. 20-5-304, a court of this statemay not modify a child custody determination made by a court of another stateunless the court of this state has jurisdiction to make an initialdetermination under W.S. 20-5-301(a)(i) or (ii) and:

 

(i) The court of the other state determines it no longer hasexclusive, continuing jurisdiction under a provision of law from that statethat is in substantial conformity with W.S. 20-5-302 or that a court of thisstate would be a more convenient forum under a provision of law from that statethat is in substantial conformity with W.S. 20-5-307; or

 

(ii) A court of this state or a court of the other statedetermines that the child, the child's parents and any person acting as aparent do not presently reside in the other state.

 

20-5-304. Temporary emergency jurisdiction.

 

(a) A court of this state has temporary emergency jurisdictionif the child is present in this state and the child has been abandoned or it isnecessary in an emergency to protect the child because the child, the child'ssibling or a parent of the child is subjected to or threatened withmistreatment or abuse.

 

(b) If there is no previous child custody determination that isentitled to be enforced under this act and a child custody proceeding has notbeen commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section remainsin effect until an order is obtained from a court of a state havingjurisdiction under a provision of law in substantial conformity with W.S.20-5-301 through 20-5-303. If a child custody proceeding has not been or isnot commenced in a court of a state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301through 20-5-303, a child custody determination made under this section becomesa final determination, if it so provides and this state becomes the home stateof the child.

 

(c) If there is a previous child custody determination that isentitled to be enforced under this act, or a child custody proceeding has beencommenced in a court of a state having jurisdiction under a provision of lawfrom that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, any order issued by a court of this state under this section shallspecify in the order a period that the court considers adequate to allow theperson seeking an order to obtain an order from the state having jurisdictionunder a provision of law from that state that is in substantial conformity withW.S. 20-5-301 through 20-5-303. The order issued in this state remains ineffect until an order is obtained from the other state within the periodspecified or the period expires.

 

(d) A court of this state which has been asked to make a childcustody determination under this section, upon being informed that a childcustody proceeding has been commenced in, or a child custody determination hasbeen made by, a court of another state having jurisdiction under a provision oflaw from that state that is in substantial conformity with W.S. 20-5-301 through20-5-303, shall immediately communicate with the other court. A court of thisstate which is exercising jurisdiction pursuant to W.S. 20-5-301 through20-5-303, upon being informed that a child custody proceeding has beencommenced in, or a child custody determination has been made by, a court ofanother state under a statute similar to this section shall immediatelycommunicate with the court of that state to resolve the emergency, protect thesafety of the parties and the child and determine a period for the duration ofthe temporary order.

 

20-5-305. Notice; opportunity to be heard; joinder.

 

(a) Before a child custody determination is made under thisact, notice and an opportunity to be heard in accordance with the standards ofW.S. 20-5-208 shall be given to all persons entitled to notice under the law ofthis state as in child custody proceedings between residents of this state, anyparent whose parental rights have not been previously terminated and any personhaving physical custody of the child.

 

(b) This act shall not govern the enforceability of a childcustody determination made without notice or an opportunity to be heard.

 

(c) The obligation to join a party and the right to interveneas a party in a child custody proceeding under this act are governed by the lawof this state as in child custody proceedings between residents of this state.

 

20-5-306. Simultaneous proceedings.

 

(a) Except as otherwise provided in W.S. 20-5-304, a court ofthis state may not exercise its jurisdiction under this article if, at the timeof the commencement of the proceeding, a proceeding concerning the custody ofthe child has been commenced in a court of another state having jurisdictionsubstantially in conformity with this act, unless the proceeding has beenterminated or is stayed by the court of the other state because a court of thisstate is a more convenient forum under a provision of law from that state thatis in substantial conformity with W.S. 20-5-307.

 

(b) Except as otherwise provided in W.S. 20-5-304, a court ofthis state, before hearing a child custody proceeding, shall examine the courtdocuments and other information supplied by the parties pursuant to W.S.20-5-309. If the court determines that a child custody proceeding has beencommenced in a court in another state having jurisdiction substantially inaccordance with this act, the court of this state shall stay its proceeding andcommunicate with the court of the other state. If the court of the statehaving jurisdiction under the laws of that state in substantial conformity withthis act does not determine that the court of this state is a more appropriateforum, the court of this state shall dismiss the proceeding.

 

(c) In a proceeding to modify a child custody determination, acourt of this state shall determine whether a proceeding to enforce thedetermination has been commenced in another state. If a proceeding to enforcea child custody determination has been commenced in another state, the courtmay:

 

(i) Stay the proceeding for modification pending the entry ofan order of a court of the other state enforcing, staying, denying ordismissing the proceeding for enforcement;

 

(ii) Enjoin the parties from continuing with the proceeding forenforcement; or

 

(iii) Proceed with the modification under conditions it considersappropriate.

 

20-5-307. Inconvenient forum.

 

(a) A court of this state which has jurisdiction under this actto make a child custody determination may decline to exercise its jurisdictionat any time if it determines that it is an inconvenient forum under thecircumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, thecourt's own motion, or request of another court.

 

(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shallallow the parties to submit information and shall consider all relevantfactors, including:

 

(i) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;

 

(ii) The length of time the child has resided outside thisstate;

 

(iii) The distance between the court in this state and the courtin the state that would assume jurisdiction;

 

(iv) The relative financial circumstances of the parties;

 

(v) Any agreement of the parties as to which state shouldassume jurisdiction;

 

(vi) The nature and location of the evidence required to resolvethe pending litigation, including testimony of the child;

 

(vii) The ability of the court of each state to decide the issueexpeditiously and the procedures necessary to present the evidence; and

 

(viii) The familiarity of the court of each state with the factsand issues in the pending litigation.

 

(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly commenced in another designated state and may impose anyother condition the court considers just and proper.

 

(d) A court of this state may decline to exercise its jurisdictionunder this act if a child custody determination is incidental to an action fordivorce or another proceeding while still retaining jurisdiction over thedivorce or other proceeding.

 

20-5-308. Jurisdiction declined by reason of conduct.

 

(a) Except as otherwise provided in W.S. 20-5-304 or by otherlaw of this state, if a court of this state has jurisdiction under this actbecause a person seeking to invoke its jurisdiction has engaged inunjustifiable conduct, the court shall decline to exercise its jurisdictionunless:

 

(i) The parents and all persons acting as parents haveacquiesced in the exercise of jurisdiction;

 

(ii) A court of the state otherwise having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303 determines that this state is a more appropriateforum under a provision of law from that state that is in substantialconformity with W.S. 20-5-307; or

 

(iii) No court of any other state would have jurisdiction under thecriteria specified in a provision of law from that state that is in substantialconformity with W.S. 20-5-301 through 20-5-303.

 

(b) If a court of this state declines to exercise itsjurisdiction pursuant to subsection (a) of this section, it may provide anappropriate remedy to ensure the safety of the child and prevent a repetitionof the unjustifiable conduct, including staying the proceeding until a childcustody proceeding is commenced in a court having jurisdiction under aprovision of law from that state that is in substantial conformity with W.S.20-5-301 through 20-5-303.

 

(c) If a court dismisses a petition or stays a proceedingbecause it declines to exercise its jurisdiction pursuant to subsection (a) ofthis section, it shall assess against the party seeking to invoke itsjurisdiction necessary and reasonable expenses including costs, communicationexpenses, attorney fees, investigative fees, expenses for witnesses, travelexpenses and child care during the course of the proceedings, unless the partyfrom whom fees are sought establishes that the assessment would be clearlyinappropriate. The court may not assess fees, costs or expenses against thisstate unless authorized by law other than this act.

 

20-5-309. Information to be submitted to the court.

 

(a) Subject to a court order allowing a party to maintainconfidentiality of addresses or other identifying information or other lawproviding for the confidentiality of procedures, addresses and otheridentifying information, in a child custody proceeding each party in its firstpleading or in an attached affidavit shall give information, if reasonablyascertainable, under oath as to the child's present address or whereabouts, theplaces where the child has lived during the last five (5) years and the namesand present addresses of the persons with whom the child has lived during thatperiod. The pleading or affidavit shall state whether the party:

 

(i) Has participated, as a party or witness or in any othercapacity, in any other proceeding concerning the custody of or visitation withthe child, and if so, the pleading or affidavit shall identify the court, thecase number and the date of the child custody determination, if any;

 

(ii) Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights and adoptions, andif so, the pleading or affidavit shall identify the court, the case number andthe nature of the proceeding; and

 

(iii) Knows the names and addresses of any person not a party tothe proceeding who has physical custody of the child or claims rights of legalcustody or physical custody of, or visitation with, the child, and if so, thepleading or affidavit shall list the names and addresses of those persons.

 

(b) If the information required by subsection (a) of thissection is not furnished, the court, upon motion of a party or its own motion,may stay the proceeding until the information is furnished.

 

(c) If the declaration as to any of the items described inparagraphs (a)(i) through (iii) of this section is in the affirmative, thedeclarant shall give additional information under oath as required by thecourt. The court may examine the parties under oath as to details of theinformation furnished and other matters pertinent to the court's jurisdictionand the disposition of the case.

 

(d) Each party has a continuing duty to inform the court of anyproceeding in this or any other state that could affect the current proceeding.

 

(e) If a party alleges in an affidavit or a pleading under oaththat the health, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed and maynot be disclosed to the other party or the public unless the court orders thedisclosure to be made after a hearing in which the court takes intoconsideration the health, safety or liberty of the party or child anddetermines that the disclosure is in the interest of justice.

 

20-5-310. Appearance of parties and child.

 

(a) In a child custody proceeding in this state, the court mayorder a party to the proceeding who is in this state to appear before the courtin person with or without the child. The court may order any person who is inthis state and who has physical custody or control of the child to appear inperson with the child.

 

(b) If a party to a child custody proceeding whose presence isdesired by the court is outside this state, the court may order that a noticegiven pursuant to W.S. 20-5-208 include a statement directing the party toappear in person with or without the child and informing the party that failureto appear may result in a decision adverse to the party.

 

(c) The court may enter any orders necessary to ensure thesafety of the child and of any person ordered to appear under this section.

 

(d) If a party to a child custody proceeding who is outsidethis state is directed to appear under subsection (b) of this section or desiresto appear personally before the court with or without the child, the court mayrequire another party to pay reasonable and necessary travel and other expensesof the party so appearing and of the child.

 

ARTICLE 4 - ENFORCEMENT

 

20-5-401. Definitions.

 

(a) As used in this article:

 

(i) "Petitioner" means a person who seeks enforcementof an order for return of a child under the Hague Convention on the CivilAspects of International Child Abduction or enforcement of a child custodydetermination;

 

(ii) "Respondent" means a person against whom aproceeding has been commenced for enforcement of an order for return of a childunder the Hague Convention on the Civil Aspects of International ChildAbduction or enforcement of a child custody determination.

 

20-5-402. Enforcement under the Hague Convention.

 

Under this article, a court of this statemay enforce an order for the return of the child made under the HagueConvention on the Civil Aspects of International Child Abduction as if it werea child custody determination.

 

20-5-403. Duty to enforce.

 

(a) A court of this state shall recognize and enforce a childcustody determination of a court of another state if the latter court exercisedjurisdiction in substantial conformity with this act or the determination wasmade under factual circumstances meeting the jurisdictional standards of thisact and the determination has not been modified in accordance with this act.

 

(b) A court of this state may utilize any remedy availableunder other law of this state to enforce a child custody determination made bya court of another state. The remedies provided in this article are cumulativeand do not affect the availability of other remedies to enforce a child custodydetermination.

 

20-5-404. Temporary visitation.

 

(a) A court of this state which does not have jurisdiction tomodify a child custody determination may issue a temporary order enforcing:

 

(i) A visitation schedule made by a court of another state; or

 

(ii) The visitation provisions of a child custody determinationof another state that does not provide for a specific visitation schedule.

 

(b) If a court of this state makes an order under paragraph(a)(ii) of this section, it shall specify in the order a period that itconsiders adequate to allow the petitioner to obtain an order from a courthaving jurisdiction under the criteria specified in article 3 of this act. Theorder remains in effect until an order is obtained from the other court or theperiod expires.

 

20-5-405. Registration of child custody determination.

 

(a) A child custody determination issued by a court of anotherstate may be registered in this state, with or without a simultaneous requestfor enforcement, by sending to the appropriate court in this state:

 

(i) A letter or other document requesting registration;

 

(ii) Two (2) copies, including one (1) certified copy, of thedetermination sought to be registered, and a statement under penalty of perjurythat to the best of the knowledge and belief of the person seeking registrationthe order has not been modified; and

 

(iii) Except as otherwise provided in W.S. 20-5-309, the name andaddress of the person seeking registration and any parent or person acting as aparent who has been awarded custody or visitation in the child custodydetermination sought to be registered.

 

(b) On receipt of the documents required by subsection (a) ofthis section, the registering court shall:

 

(i) Cause the determination to be filed as a foreign judgment,together with one (1) copy of any accompanying documents and information,regardless of their form; and

 

(ii) Serve notice upon the persons named pursuant to paragraph(a)(iii) of this section and provide them with an opportunity to contest theregistration in accordance with this section.

 

(c) The notice required by paragraph (b)(ii) of this sectionshall state that:

 

(i) A registered determination is enforceable as of the date ofthe registration in the same manner as a determination issued by a court ofthis state;

 

(ii) A hearing to contest the validity of the registereddetermination must be requested within twenty (20) days after service ofnotice; and

 

(iii) Failure to contest the registration will result inconfirmation of the child custody determination and preclude further contest ofthat determination with respect to any matter that could have been asserted.

 

(d) A person seeking to contest the validity of a registeredorder shall request a hearing within twenty (20) days after service of thenotice. At that hearing, the court shall confirm the registered order unlessthe person contesting registration establishes that:

 

(i) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(ii) The child custody determination sought to be registered hasbeen vacated, stayed or modified by a court having jurisdiction to do so undera provision of law from that state that is in substantial conformity witharticle 3 of this act; or

 

(iii) The person contesting registration was entitled to notice,but notice was not given in accordance with standards under a provision of lawfrom that state in substantial conformity with W.S. 20-5-208, in theproceedings before the court that issued the order for which registration issought.

 

(e) If a timely request for a hearing to contest the validityof the registration is not made, the registration is confirmed as a matter oflaw and the person requesting registration and all persons served shall benotified of the confirmation.

 

(f) Confirmation of a registered order, whether by operation oflaw or after notice and hearing, precludes further contest of the order withrespect to any matter that could have been asserted at the time ofregistration.

 

20-5-406. Enforcement of registered determination.

 

(a) A court of this state may grant any relief normallyavailable under the law of this state to enforce a registered child custodydetermination made by a court of another state.

 

(b) A court of this state shall recognize and enforce, butshall not modify except in accordance with article 3 of this act, a registeredchild custody determination of a court of another state.

 

20-5-407. Simultaneous proceedings.

 

If a proceeding for enforcement under thisarticle is commenced in a court of this state and the court determines that aproceeding to modify the determination is pending in a court of another statehaving jurisdiction to modify the determination under a provision of law fromthat state that is in substantial conformity with article 3 of this act, theenforcing court shall immediately communicate with the modifying court. Theproceeding for enforcement shall continue unless the enforcing court, afterconsultation with the modifying court, stays or dismisses the proceeding.

 

20-5-408. Expedited enforcement of child custody determination.

 

(a) A petition under this article in which the petitioner isseeking expedited enforcement shall be verified. Certified copies of allorders sought to be enforced and of any order confirming registration shall beattached to the petition. A copy of a certified copy of an order may beattached instead of the original.

 

(b) A petition for enforcement of a child custody determinationshall state:

 

(i) Whether the court that issued the determination identifiedthe jurisdictional basis it relied upon in exercising jurisdiction and, if so,what the basis was;

 

(ii) Whether the determination for which enforcement is soughthas been vacated, stayed or modified by a court whose decision is enforceableunder this act and, if so, the identity of the court, the case number and thenature of the proceeding;

 

(iii) Whether any proceeding has been commenced that could affectthe current proceeding, including proceedings relating to domestic violence,protective orders, termination of parental rights and adoptions and, if so, theidentity of the court, the case number and the nature of the proceeding;

 

(iv) The present physical address of the child and therespondent, if known;

 

(v) Whether relief in addition to the immediate physicalcustody of the child and attorney fees is sought, including a request forassistance from law enforcement officials and, if so, the relief sought; and

 

(vi) If the child custody determination has been registered andconfirmed under W.S. 20-5-405, the date and place of registration.

 

(c) Upon the filing of a petition, the court shall issue anorder directing the respondent to appear in person with or without the child ata hearing and may enter any order necessary to ensure the safety of the partiesand the child. The hearing shall be held on the next judicial day afterservice of the order unless that date is impossible. In the event that thenext judicial day after service of the order is impossible, the court shallhold the hearing on the first judicial day possible. The court may extend thedate of hearing at the request of the petitioner.

 

(d) An order issued under subsection (c) of this section shallstate the time and place of the hearing and advise the respondent that at thehearing the court will order that the petitioner may take immediate physicalcustody of the child and the payment of fees, costs and expenses under W.S.20-5-412, and may schedule a hearing to determine whether further relief isappropriate, unless the respondent appears and establishes either that:

 

(i) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court having jurisdiction todo so under a provision of law from that state that is in substantialconformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(ii) The child custody determination for which enforcement issought was registered and confirmed under a provision of law from that statethat is in substantial conformity with W.S. 20-5-404, but has been vacated,stayed or modified by a court of a state having jurisdiction to do so under aprovision of law from that state that is in substantial conformity with article3 of this act.

 

20-5-409. Service of petition and order.

 

Except as provided in W.S. 20-5-411, thepetition and order shall be served by any method authorized by the law of thisstate upon the respondent and any person who has physical custody of the child.

 

20-5-410. Hearing and order.

 

(a) Unless the court issues a temporary emergency orderpursuant to W.S. 20-5-304, upon 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 unless therespondent establishes either that:

 

(i) The child custody determination for which enforcement issought was registered and confirmed under W.S. 20-5-405 but has been vacated,stayed or modified by a court of a state having jurisdiction to do so underarticle 3 of this act; or

 

(ii) The child custody determination has not been registered andconfirmed under W.S. 20-5-405 and that:

 

(A) The issuing court did not have jurisdiction under aprovision of law from that state that is in substantial conformity with article3 of this act;

 

(B) The child custody determination for which enforcement issought has been vacated, stayed or modified by a court of a state havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act; or

 

(C) The respondent was entitled to notice, but notice was notgiven in accordance with the standards under a provision of law from that statethat is in substantial conformity with W.S. 20-5-208, in the proceedings beforethe court that issued the order for which enforcement is sought.

 

(b) The court shall award the fees, costs and expensesauthorized under W.S. 20-5-412 and may grant additional relief, including arequest for the assistance of law enforcement officials, and set a furtherhearing to determine whether additional relief is appropriate.

 

(c) If a party called to testify refuses to answer on theground that the testimony may be self-incriminating, the court may draw anadverse inference from the refusal.

 

(d) A privilege against disclosure of communications betweenspouses and a defense of immunity based on the relationship of husband and wifeor parent and child may not be invoked in a proceeding under this article.

 

20-5-411. Warrant to take physical custody of a child.

 

(a) Upon the filing of a petition seeking enforcement of achild custody determination, the petitioner may file a verified application forthe issuance of a warrant to take physical custody of the child if the child isimmediately likely to suffer serious physical harm or be removed from thisstate.

 

(b) If the court, upon the testimony of the petitioner or otherwitness, finds that the child is imminently likely to suffer serious physicalharm or be removed from this state, it may issue a warrant to take physicalcustody of the child. The petition shall be heard on the next judicial dayafter the warrant is executed unless that date is impossible. In the eventthat the next judicial day after service of the order is impossible, the courtshall hold the hearing on the first judicial day possible. The application forthe warrant shall include the statements required by W.S. 20-5-408(b).

 

(c) A warrant to take physical custody of a child shall:

 

(i) Recite the facts upon which a conclusion of imminentserious physical harm or removal from the jurisdiction is based;

 

(ii) Direct law enforcement officers to take physical custody ofthe child immediately; and

 

(iii) Provide for the placement of the child pending finalrelief.

 

(d) The respondent shall be served with the petition, warrantand order immediately after the child is taken into physical custody.

 

(e) A warrant to take physical custody of a child isenforceable throughout this state. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.

 

(f) The court may impose conditions upon placement of a childto ensure the appearance of the child and the child's custodian.

 

20-5-412. Costs, fees and expenses.

 

(a) The court shall award the prevailing party, including astate, necessary and reasonable expenses incurred by or on behalf of the party,including costs, communication expenses, attorney fees, investigative fees,expenses for witnesses, travel expenses and child care during the course of theproceedings, 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 act.

 

20-5-413. Recognition and enforcement.

 

A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with thisact which enforces a child custody determination by a court of another stateunless the order has been vacated, stayed or modified by a court havingjurisdiction to do so under a provision of law from that state that is insubstantial conformity with article 3 of this act.

 

20-5-414. Appeals.

 

An appeal may be taken from a final orderin a proceeding under this article in accordance with expedited appellateprocedures in other civil cases. Unless the court enters a temporary emergencyorder under W.S. 20-5-304, the enforcing court may not stay an order enforcinga child custody determination pending appeal.

 

20-5-415. Role of prosecutor or other appropriate public official.

 

(a) In a case arising under this act or involving the HagueConvention on the Civil Aspects of International Child Abduction, the prosecutoror other appropriate public official may take any lawful action, includingresort to a proceeding under this article or any other available civilproceeding, to locate a child, obtain the return of a child or enforce a childcustody determination if there is:

 

(i) An existing child custody determination;

 

(ii) A request to do so from a court in a pending child custodyproceeding;

 

(iii) A reasonable belief that a criminal statute has beenviolated; or

 

(iv) A reasonable belief that the child has been wrongfullyremoved or retained in violation of the Hague Convention on the Civil Aspectsof International Child Abduction.

 

(b) A prosecutor or other appropriate public official actingunder this section acts on behalf of the court and may not represent any party.

 

20-5-416. Role of law enforcement.

 

At the request of a prosecutor or otherappropriate public official acting under W.S. 20-5-415, a law enforcementofficer may take any lawful action reasonably necessary to locate a child or aparty and assist a prosecutor or other appropriate public official withresponsibilities under W.S. 20-5-415.

 

20-5-417. Costs and expenses.

 

If the respondent is not the prevailingparty, the court may assess against the respondent all direct expenses andcosts incurred by the prosecutor or other appropriate public official and lawenforcement officers under W.S. 20-5-415 or 20-5-416.

 

ARTICLE 5 - MISCELLANEOUS PROVISIONS

 

20-5-501. Application and construction.

 

In applying and construing this act,consideration shall be given to the need to promote uniformity of the law withrespect to its subject matter among states that enact it.

 

20-5-502. Transitional provision.

 

A motion or other request for relief madein a child custody proceeding or to enforce a child custody determination whichwas commenced before the effective date of this act is governed by the law ineffect at the time the motion or other request was made.

 

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