# Title 14 — Domestic Relations and Persons

## Chapter 14-14.1 — Uniform Child Custody Jurisdiction and Enforcement Act

### § 14-14.1-01. (102) Definitions.

As used in this chapter:
1. "Abandoned" means left without provision for reasonable and necessary care or
supervision.
2. "Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a child.
The term includes a permanent, temporary, initial, and modification order. The term
does not include an order relating to child support or other monetary obligation of an
individual.
3. "Child custody proceeding" means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a
proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in
which the issue may appear. The term does not include a proceeding involving juvenile
delinquency, contractual emancipation, or enforcement under sections 14-14.1-22
through 14-14.1-37.
4. "Commencement" means the filing of the first pleading in a proceeding.
5. "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination.
6. "Home state" means the state in which a child lived with a parent or a person acting as
a parent for at least six consecutive months immediately before the commencement of
a child custody proceeding. In the case of a child less than six months of age, the term
means the state in which the child lived from birth with any of the persons mentioned.
A period of temporary absence of any of the mentioned persons is part of the period.
7. "Initial determination" means the first child custody determination concerning a
particular child.
8. "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under this chapter.
9. "Issuing state" means the state in which a child custody determination is made.
10. "Modification" means a child custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same
child, whether or not it is made by the court that made the previous determination.
11. "Person acting as a parent" means a person, other than a parent, who:
a. Has physical custody of the child or has had physical custody for a period of six
consecutive months, including any temporary absence, within one year
immediately before the commencement of a child custody proceeding; and
b. Has been awarded legal custody by a court or claims a right to legal custody
under the law of this state.
12. "Petitioner" means a person who seeks enforcement of an order for return of a child
under the Hague convention on the civil aspects of international child abduction or
enforcement of a child custody determination.
13. "Physical custody" means the physical care and supervision of a child.
14. "Respondent" means a person against whom a proceeding has been commenced for
enforcement of an order for return of a child under the Hague convention on the civil
aspects of international child abduction or enforcement of a child custody
determination.
15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
16. "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized
by federal law or formally acknowledged by a state.
17. "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.

### § 14-14.1-02. (103) Proceedings governed by other law.

This chapter does not govern an adoption proceeding or a proceeding pertaining to the
authorization of emergency medical care for a child.
### § 14-14.1-03. (104) Application to Indian tribes.

1. A child custody proceeding that pertains to an Indian child as defined in the Indian
Child Welfare Act [25 U.S.C. 1901 et seq.] is not subject to this chapter to the extent
that it is governed by the Indian Child Welfare Act.
2. A court of this state shall treat a tribe as if it were a state for the purpose of applying
sections 14-14.1-01 through 14-14.1-21.
3. A child custody determination made by a tribe under factual circumstances in
substantial conformity with the jurisdictional standards of this chapter must be
recognized and enforced under sections 14-14.1-22 through 14-14.1-37.
### § 14-14.1-04. (105) International application.

1. A court of this state shall treat a foreign country as if it were a state for the purpose of
applying sections 14-14.1-01 through 14-14.1-21.
2. Except as otherwise provided in subsection 3, a child custody determination made in a
foreign country under factual circumstances in substantial conformity with the
jurisdictional standards of this chapter must be recognized and enforced under
sections 14-14.1-22 through 14-14.1-37.
3. A court of this state need not apply this chapter if the child custody law of a foreign
country violates fundamental principles of human rights.
### § 14-14.1-05. (106) Effect of child custody determination.

A child custody determination made by a court of this state that had jurisdiction under this
chapter binds all persons who have been served in accordance with the laws of this state or
notified in accordance with section 14-14.1-07 or who have submitted to the jurisdiction of the
court and who have been given an opportunity to be heard. As to those persons, the
determination is conclusive as to all decided issues of law and fact, except to the extent the
determination is modified.
### § 14-14.1-06. (107) Priority.

If a question of existence or exercise of jurisdiction under this chapter is raised in a child
custody proceeding, the question, upon request of a party, must be given priority on the
calendar and handled expeditiously.
### § 14-14.1-07. (108) Notice to persons outside state.

1. Notice required for the exercise of jurisdiction when a person is outside this state may
be given in a manner prescribed by the law of this state for service of process or by
the law of the state in which the service is made. Notice must be given in a manner
reasonably calculated to give actual notice but may be by publication if other means
are not effective.
2. Proof of service may be made in the manner prescribed by the law of this state or by
the law of the state in which the service is made.
3. Notice is not required for the exercise of jurisdiction with respect to a person who
submits to the jurisdiction of the court.
### § 14-14.1-08. (109) Appearance and limited immunity.

1. A party to a child custody proceeding, including a modification proceeding, or a
petitioner or respondent in a proceeding to enforce or register a child custody
determination is not subject to personal jurisdiction in this state for another proceeding
or purpose solely by reason of having participated, or of having been physically
present for the purpose of participating, in the proceeding.

2. A person who is subject to personal jurisdiction in this state on a basis other than
physical presence is not immune from service of process in this state. A party present
in this state who is subject to the jurisdiction of another state is not immune from
service of process allowable under the laws of that state.
3. The immunity granted by subsection 1 does not extend to civil litigation based on acts
unrelated to the participation in a proceeding under this chapter committed by an
individual while present in this state.
### § 14-14.1-09. (110) Communication between courts.

1. A court of this state may communicate with a court in another state concerning a
proceeding arising under this chapter.
2. The court may allow the parties to participate in the communication. If the parties are
not able to participate in the communication, they must be given the opportunity to
present facts and legal arguments before a decision on jurisdiction is made.
3. Communication between courts on schedules, calendars, court records, and similar
matters may occur without informing the parties. A record need not be made of the
communication.
4. Except as otherwise provided in subsection 3, a record must be made of a
communication under this section. The parties must be informed promptly of the
communication and granted access to the record.
5. For the purposes of this section, "record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium and is retrievable in
perceivable form.
### § 14-14.1-10. (111) Taking testimony in another state.

1. In addition to other procedures available to a party, a party to a child custody
proceeding may offer testimony of witnesses who are located in another state,
including testimony of the parties and the child, by deposition or other means
allowable in this state for testimony taken in another state. The court on its own motion
may order that the testimony of a person be taken in another state and may prescribe
the manner in which and the terms upon which the testimony is taken.
2. A court of this state may permit an individual residing in another state to be deposed or
to testify by telephone, audiovisual means, or other electronic means before a
designated court or at another location in that state. A court of this state shall
cooperate with courts of other states in designating an appropriate location for the
deposition or testimony.
3. Documentary evidence transmitted from another state to a court of this state by
technological means that do not produce an original writing may not be excluded from
evidence on an objection based on the means of transmission.
### § 14-14.1-11. (112) Cooperation between courts - Preservation of records.

1. A court of this state may request the appropriate court of another state to:
a. Hold an evidentiary hearing;
b. Order a person to produce or give evidence pursuant to procedures of that state;
c. Order that an evaluation be made with respect to the custody of a child involved
in a pending proceeding;
d. Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in
compliance with the request; and
e. Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child.
2. Upon request of a court of another state, a court of this state may hold a hearing or
enter an order described in subsection 1.
3. Travel and other necessary and reasonable expenses incurred under subsections 1
and 2 may be assessed against the parties according to the law of this state.

4. A court of this state shall preserve the pleadings, orders, decrees, records of hearings,
evaluations, and other pertinent records with respect to a child custody proceeding
until the child attains eighteen years of age. Upon appropriate request by a court or
law enforcement official of another state, the court shall forward a certified copy of
those records.
### § 14-14.1-12. (201) Initial child custody jurisdiction.

1. Except as otherwise provided in section 14-14.1-15, a court of this state has
jurisdiction to make an initial child custody determination only if:
a. This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within six months before the
commencement of the proceeding, and the child is absent from this state but a
parent or person acting as a parent continues to live in this state;
b. A court of another state does not have jurisdiction under subdivision a, or a court
of the home state of the child has declined to exercise jurisdiction on the ground
that this state is the more appropriate forum under section 14-14.1-18 or
14-14.1-19, and:
(1) The child and the child's parents, or the child and at least one parent or a
person acting as a parent, have a significant connection with this state other
than mere physical presence; and
(2) Substantial evidence is available in this state concerning the child's care,
protection, training, and personal relationships;
c. All courts having jurisdiction under subdivision a or b have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum
to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; or
d. No court of any other state would have jurisdiction under the criteria specified in
subdivision a, b, or c.
2. Subsection 1 is the exclusive jurisdictional basis for making a child custody
determination by a court of this state.
3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child custody determination.
### § 14-14.1-13. (202) Exclusive, continuing jurisdiction.

1. Except as otherwise provided in section 14-14.1-15, a court of this state which has
made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14
has exclusive, continuing jurisdiction over the determination until:
a. A court of this state determines that neither the child, nor the child and one
parent, nor the child and a person acting as a parent have a significant
connection with this state and that substantial evidence is no longer available in
this state concerning the child's care, protection, training, and personal
relationships; or
b. A court of this state or a court of another state determines that the child, the
child's parents, and any person acting as a parent do not presently reside in this
state.
2. A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this section may modify that determination only
if it has jurisdiction to make an initial determination under section 14-14.1-12.
### § 14-14.1-14. (203) Jurisdiction to modify determination.

Except as otherwise provided in section 14-14.1-15, a court of this state may not modify a
child custody determination made by a court of another state unless a court of this state has
jurisdiction to make an initial determination under subdivision a or b of subsection 1 of section

1. The court of the other state determines it no longer has exclusive, continuing
jurisdiction under section 14-14.1-13 or that a court of this state would be a more
convenient forum under section 14-14.1-18; or
2. A court of this state or a court of the other state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in the other state.
### § 14-14.1-15. (204) Temporary emergency jurisdiction.

1. A court of this state has temporary emergency jurisdiction if the child is present in this
state and the child has been abandoned or it is necessary in an emergency to protect
the child because the child, or a sibling or parent of the child, is subjected to or
threatened with mistreatment or abuse.
2. If there is no previous child custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court of a
state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a child custody
determination made under this section remains in effect until an order is obtained from
a court of a state having jurisdiction under sections 14-14.1-12 through 14-14.1-14. If a
child custody proceeding has not been or is not commenced in a court of a state
having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a child custody
determination made under this section becomes a final determination, if it so provides
and this state becomes the home state of the child.
3. If there is a previous child custody determination that is entitled to be enforced under
this chapter, or a child custody proceeding has been commenced in a court of a state
having jurisdiction under sections 14-14.1-12 through 14-14.1-14, any order issued by
a court of this state under this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to obtain an order from the
state having jurisdiction under sections 14-14.1-12 through 14-14.1-14. The order
issued in this state remains in effect until an order is obtained from the other state
within the period specified or the period expires.
4. A court of this state which has been asked to make a child custody determination
under this section, upon being informed that a child custody proceeding has been
commenced in, or a child custody determination has been made by, a court of a state
having jurisdiction under sections 14-14.1-12 through 14-14.1-14, shall immediately
communicate with the other court. A court of this state which is exercising jurisdiction
pursuant to sections 14-14.1-12 through 14-14.1-14, upon being informed that a child
custody proceeding has been commenced in, or a child custody determination has
been made by, a court of another state under a statute similar to this section shall
immediately communicate with the court of that state to resolve the emergency, protect
the safety of the parties and the child, and determine a period for the duration of the
temporary order.
### § 14-14.1-16. (205) Notice - Opportunity to be heard - Joinder.

1. Before a child custody determination is made under this chapter, notice and an
opportunity to be heard in accordance with section 14-14.1-07 must be given to all
persons entitled to notice under the law of this state as in child custody proceedings
between residents of this state, any parent whose parental rights have not been
previously terminated, and any person having physical custody of the child.
2. This chapter does not govern the enforceability of a child custody determination made
without notice or an opportunity to be heard.
3. The obligation to join a party and the right to intervene as a party in a child custody
proceeding under this chapter are governed by the laws of this state as in child
custody proceedings between residents of this state.
### § 14-14.1-17. (206) Simultaneous proceedings.

1. Except as otherwise provided in section 14-14.1-15, a court of this state may not
exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time of

the commencement of the proceeding, a proceeding concerning the custody of the
child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed
by the court of the other state because a court of this state is a more convenient forum
under section 14-14.1-18.
2. Except as otherwise provided in section 14-14.1-15, a court of this state, before
hearing a child custody proceeding, shall examine the court documents and other
information supplied by the parties under section 14-14.1-20. If the court determines
that a child custody proceeding has been commenced in a court in another state
having jurisdiction substantially in accordance with this chapter, the court of this state
shall stay its proceeding and communicate with the court of the other state. If the court
of the state having jurisdiction substantially in accordance with this chapter does not
determine that the court of this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
3. In a proceeding to modify a child custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child custody determination has been
commenced in another state, the court may:
a. Stay the proceeding for modification pending the entry of an order of a court of
the other state enforcing, staying, denying, or dismissing the proceeding for
enforcement;
b. Enjoin the parties from continuing with the proceeding for enforcement; or
c. Proceed with the modification under conditions it considers appropriate.
### § 14-14.1-18. (207) Inconvenient forum.

1. A court of this state which has jurisdiction under this chapter to make a child custody
determination may decline to exercise its jurisdiction at any time if it determines that it
is an inconvenient forum under the circumstances 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, the court's own motion, or request of another court.
2. Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction.
For this purpose, the court shall allow the parties to submit information and shall
consider all relevant factors, including:
a. Whether domestic violence has occurred and is likely to continue in the future
and which state could best protect the parties and the child;
b. The length of time the child has resided outside this state;
c. The distance between the court in this state and the court in the state that would
assume jurisdiction;
d. The relative financial circumstances of the parties;
e. Any agreement of the parties as to which state should assume jurisdiction;
f. The nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
g. The ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
h. The familiarity of the court of each state with the facts and issues in the pending
litigation.
3. If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition
that a child custody proceeding be promptly commenced in another designated state
and may impose any other condition the court considers just and proper.
4. A court of this state may decline to exercise its jurisdiction under this chapter if a child
custody determination is incidental to an action for divorce or another proceeding while
still retaining jurisdiction over the divorce or other proceeding.

### § 14-14.1-19. (208) Jurisdiction declined by reason of conduct.

1. Except as otherwise provided in section 14-14.1-15, if a court of this state has
jurisdiction under this chapter because a person seeking to invoke its jurisdiction has
engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction
unless:
a. The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
b. A court of the state otherwise having jurisdiction under sections 14-14.1-12
through 14-14.1-14 determines that this state is a more appropriate forum under
section 14-14.1-18; or
c. No court of any other state would have jurisdiction under the criteria specified in
sections 14-14.1-12 through 14-14.1-14.
2. If a court of this state declines to exercise its jurisdiction under subsection 1, it may
fashion an appropriate remedy to ensure the safety of the child and prevent a
repetition of the unjustifiable conduct, including staying the proceeding until a child
custody proceeding is commenced in a court having jurisdiction under sections
3. If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection 1, it shall assess against the party seeking to invoke
its jurisdiction necessary and reasonable expenses, including costs, communication
expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses,
and child care during the course of the proceedings, unless the party from whom fees
are sought establishes that the assessment would be clearly inappropriate. The court
may not assess fees, costs, or expenses against this state unless authorized by law
other than this chapter.
### § 14-14.1-20. (209) Information to be submitted to court.

1. Subject to section 14-07.1-18, in a child custody proceeding, each party, in its first
pleading or in an attached affidavit, shall give information, if reasonably ascertainable,
under oath as to the child's present address or whereabouts, the places where the
child has lived during the last five years, and the names and present addresses of the
persons with whom the child has lived during that period. The pleading or affidavit
must state whether the party:
a. Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so, identify
the court, the case number, and the date of the child custody determination, if
any;
b. Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to domestic violence,
protective orders, termination of parental rights, and adoptions and, if so, identify
the court, the case number, and the nature of the proceeding; and
c. Knows the names and addresses of any person not a party to the proceeding
who has physical custody of the child or claims rights of legal custody or physical
custody of, or visitation with, the child and, if so, the names and addresses of
those persons.
2. If the information required by subsection 1 is not furnished, the court, upon motion of a
party or its own motion, may stay the proceeding until the information is furnished.
3. If the declaration as to any of the items described in subdivision a, b, or c of
subsection 1 is in the affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the parties under oath as to
details of the information furnished and other matters pertinent to the court's
jurisdiction and the disposition of the case.
4. Each party has a continuing duty to inform the court of any proceeding in this or any
other state that could affect the current proceeding.

### § 14-14.1-21. (210) Appearance of parties and child.

1. In a child custody proceeding in this state, the court may order a party to the
proceeding who is in this state to appear before the court in person with or without the
child. The court may order any person who is in this state and who has physical
custody or control of the child to appear in person with the child.
2. If a party to a child custody proceeding whose presence is desired by the court is
outside this state, the court may order that a notice given under section 14-14.1-07
include a statement directing the party to appear in person with or without the child
and informing the party that failure to appear may result in a decision adverse to the
party.
3. The court may enter any orders necessary to ensure the safety of the child and of any
person ordered to appear under this section.
4. If a party to a child custody proceeding who is outside this state is directed to appear
under subsection 1 or desires to appear personally before the court with or without the
child, the court may require another party to pay reasonable and necessary travel and
other expenses of the party so appearing and of the child.
### § 14-14.1-22. (302) Enforcement under the Hague convention.

Under this chapter, a court of this state may enforce an order for the return of the child
made under the Hague convention on the civil aspects of international child abduction as if it
were a child custody determination.
### § 14-14.1-23. (303) Duty to enforce.

1. A court of this state shall recognize and enforce a child custody determination of a
court of another state if the latter court exercised jurisdiction in substantial conformity
with this chapter, or the determination was made under factual circumstances meeting
the jurisdictional standards of this chapter, and the determination has not been
modified in accordance with this chapter.
2. A court of this state may utilize any remedy available under other law of this state to
enforce a child custody determination made by a court of another state. The remedies
provided in this chapter are cumulative and do not affect the availability of other
remedies to enforce a child custody determination.
### § 14-14.1-24. (304) Temporary visitation.

1. A court of this state which does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
a. A visitation schedule made by a court of another state; or
b. The visitation provisions of a child custody determination of another state that
does not provide for a specific visitation schedule.
2. If a court of this state makes an order under subdivision b of subsection 1, it shall
specify in the order a period that it considers adequate to allow the petitioner to obtain
an order from a court having jurisdiction under the criteria specified in sections
from the other court or the period expires.
### § 14-14.1-25. (305) Registration of child custody determination.

1. A child custody determination issued by a court of another state may be registered in
this state, with or without a simultaneous request for enforcement, by sending to the
district court in this state:
a. A letter or other document requesting registration;
b. Two copies, including one certified copy, of the determination sought to be
registered, and a statement under penalty of perjury that to the best of the
knowledge and belief of the person seeking registration the order has not been
modified; and

c. Except as otherwise provided in section 14-14.1-20, the name and address of the
person seeking registration and any parent or person acting as a parent who has
been awarded custody or visitation in the child custody determination sought to
be registered.
2. On receipt of the documents required by subsection 1, the registering court shall:
a. Cause the determination to be filed as a foreign judgment, together with one copy
of any accompanying documents and information, regardless of their form; and
b. Serve notice upon the persons named pursuant to subdivision c of subsection 1
and provide them with an opportunity to contest the registration in accordance
with this section.
3. The notice required by subdivision b of subsection 2 must state that:
a. A registered determination is enforceable as of the date of the registration in the
same manner as a determination issued by a court of this state;
b. A hearing to contest the validity of the registered determination must be
requested within twenty days after service of notice; and
c. Failure to contest the registration will result in confirmation of the child custody
determination and preclude further contest of that determination with respect to
any matter that could have been asserted.
4. A person seeking to contest the validity of a registered order must request a hearing
within twenty days after service of the notice. At that hearing, the court shall confirm
the registered order unless the person contesting registration establishes that:
a. The issuing court did not have jurisdiction under sections 14-14.1-12 through
14-14.1-21;
b. The child custody determination sought to be registered has been vacated,
stayed, or modified by a court having jurisdiction to do so under sections
c. The person contesting registration was entitled to notice, but notice was not given
in accordance with section 14-14.1-07, in the proceedings before the court that
issued the order for which registration is sought.
5. If a timely request for a hearing to contest the validity of the registration is not made,
the registration is confirmed as a matter of law and the person requesting registration
and all persons served must be notified of the confirmation.
6. Confirmation of a registered order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any matter that could
have been asserted at the time of registration.
### § 14-14.1-26. (306) Enforcement of registered determination.

1. A court of this state may grant any relief normally available under the law of this state
to enforce a registered child custody determination made by a court of another state.
2. A court of this state shall recognize and enforce, but may not modify, except in
accordance with sections 14-14.1-12 through 14-14.1-21, a registered child custody
determination of a court of another state.
### § 14-14.1-27. (307) Simultaneous proceedings.

If a proceeding for enforcement under sections 14-14.1-22 through 14-14.1-37 is
commenced in a court of this state and the court determines that a proceeding to modify the
determination is pending in a court of another state having jurisdiction to modify the
determination under sections 14-14.1-12 through 14-14.1-21, the enforcing court shall
immediately communicate with the modifying court. The proceeding for enforcement continues
unless the enforcing court, after consultation with the modifying court, stays or dismisses the
proceeding.
### § 14-14.1-28. (308) Expedited enforcement of child custody determination.

1. A petition under sections 14-14.1-22 through 14-14.1-37 must be verified. Certified
copies of all orders sought to be enforced and of any order confirming registration

must be attached to the petition. A copy of a certified copy of an order may be attached
instead of the original.
2. A petition for enforcement of a child custody determination must state:
a. Whether the court that issued the determination identified the jurisdictional basis
it relied upon in exercising jurisdiction and, if so, what the basis was;
b. Whether the determination for which enforcement is sought has been vacated,
stayed, or modified by a court whose decision must be enforced under this
chapter and, if so, identify the court, the case number, and the nature of the
proceeding;
c. Whether any proceeding has been commenced that could affect the current
proceeding, including proceedings relating to domestic violence, protective
orders, termination of parental rights, and adoptions and, if so, identify the court,
the case number, and the nature of the proceeding;
d. The present physical address of the child and the respondent, if known;
e. Whether relief in addition to the immediate physical custody of the child and
attorney's fees is sought, including a request for assistance from law enforcement
officials and, if so, the relief sought; and
f. If the child custody determination has been registered and confirmed under
section 14-14.1-25, the date and place of registration.
3. Upon the filing of a petition, the court shall issue an order directing the respondent to
appear in person with or without the child at a hearing and may enter any order
necessary to ensure the safety of the parties and the child. The hearing must be held
on the next judicial day after service of the order unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial day possible. The court may
extend the date of hearing at the request of the petitioner.
4. An order issued under subsection 3 must state the time and place of the hearing and
advise the respondent that at the hearing the court may order that the petitioner take
immediate physical custody of the child and may order the payment of fees, costs, and
expenses under section 14-14.1-32, and may schedule a hearing to determine
whether further relief is appropriate, unless the respondent appears and establishes
that:
a. The child custody determination has not been registered and confirmed under
section 14-14.1-25 and that:
(1) The issuing court did not have jurisdiction under sections 14-14.1-12
through 14-14.1-21;
(2) The child custody determination for which enforcement is sought has been
vacated, stayed, or modified by a court having jurisdiction to do so under
sections 14-14.1-12 through 14-14.1-21; or
(3) The respondent was entitled to notice, but notice was not given in
accordance with section 14-14.1-07, in the proceedings before the court that
issued the order for which enforcement is sought; or
b. The child custody determination for which enforcement is sought was registered
and confirmed under section 14-14.1-24, but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under sections
### § 14-14.1-29. (309) Service of petition and order.

Except as otherwise provided in section 14-14.1-31, the petition and order must be served,
by any method authorized by the law of this state, upon the respondent and any person who
has physical custody of the child.
### § 14-14.1-30. (310) Hearing and order.

1. Unless the court issues a temporary emergency order under section 14-14.1-15, upon
a finding that a petitioner is entitled to immediate physical custody of the child, the
court shall order that the petitioner may take immediate physical custody of the child
unless the respondent establishes that:

a. The child custody determination has not been registered and confirmed under
section 14-14.1-25 and that:
(1) The issuing court did not have jurisdiction under sections 14-14.1-12
through 14-14.1-21;
(2) The child custody determination for which enforcement is sought has been
vacated, stayed, or modified by a court of a state having jurisdiction to do so
under sections 14-14.1-12 through 14-14.1-21; or
(3) The respondent was entitled to notice, but notice was not given in
accordance with section 14-14.1-07, in the proceedings before the court that
issued the order for which enforcement is sought; or
b. The child custody determination for which enforcement is sought was registered
and confirmed under section 14-14.1-25 but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under sections
2. The court shall award the fees, costs, and expenses authorized under section
law enforcement officials, and set a further hearing to determine whether additional
relief is appropriate.
3. If a party called to testify refuses to answer on the ground that the testimony may be
self-incriminating, the court may draw an adverse inference from the refusal.
4. A privilege against disclosure of communications between spouses and a defense of
immunity based on the relationship of husband and wife or parent and child may not
be invoked in a proceeding under sections 14-14.1-22 through 14-14.1-37.
### § 14-14.1-31. (311) Warrant to take physical custody of child.

1. Upon the filing of a petition seeking enforcement of a child custody determination, the
petitioner may file a verified application for the issuance of a warrant to take physical
custody of the child if the child is immediately likely to suffer serious physical harm or
be removed from this state.
2. If the court, upon the testimony of the petitioner or other witness, finds that the child is
imminently likely to suffer serious physical harm or be removed from this state, it may
issue a warrant to take physical custody of the child. The petition must be heard on the
next judicial day after the warrant is executed unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial day possible. The application
for the warrant must include the statements required by subsection 2 of section
14-14.1-28.
3. A warrant to take physical custody of a child must:
a. Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
b. Direct law enforcement officers to take physical custody of the child immediately;
and
c. Provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant, and order immediately after
the child is taken into physical custody.
5. A warrant to take physical custody of a child is enforceable throughout this state. If the
court finds on the basis of the testimony of the petitioner or other witness that a less
intrusive remedy is not effective, it may authorize law enforcement officers to enter
private property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement officers to make a
forcible entry at any hour.
6. The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child's custodian.
### § 14-14.1-32. (312) Costs, fees, and expenses.

1. The court shall award the prevailing party, including a state, necessary and reasonable
expenses incurred by or on behalf of the party, including costs, communication

expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses,
and child care during the course of the proceedings, unless the party from whom fees
or expenses are sought establishes that the award would be clearly inappropriate.
2. The court may not assess fees, costs, or expenses against a state unless authorized
by law other than this chapter.
### § 14-14.1-33. (313) Recognition and enforcement.

A court of this state shall accord full faith and credit to an order issued by another state and
consistent with this chapter which enforces a child custody determination by a court of another
state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do
so under sections 14-14.1-12 through 14-14.1-21.
### § 14-14.1-34. (314) Appeals.

An appeal may be taken from a final order in a proceeding under sections 14-14.1-22
through 14-14.1-37 in accordance with expedited appellate procedures in other civil cases.
Unless the court enters a temporary emergency order under section 14-14.1-24, the enforcing
court may not stay an order enforcing a child custody determination pending appeal.
### § 14-14.1-35. (315) Role of state's attorney.

1. In a case arising under this chapter or involving the Hague convention on the civil
aspects of international child abduction, the state's attorney may take any lawful
action, including resort to a proceeding under sections 14-14.1-22 through 14-14.1-37
or any other available civil proceeding to locate a child, obtain the return of a child, or
enforce a child custody determination if there is:
a. An existing child custody determination;
b. A request to do so from a court in a pending child custody proceeding;
c. A reasonable belief that a criminal statute has been violated; or
d. A reasonable belief that the child has been wrongfully removed or retained in
violation of the Hague convention on the civil aspects of international child
abduction.
2. A state's attorney acting under this section acts on behalf of the court and may not
represent any party.
### § 14-14.1-36. (316) Role of law enforcement.

At the request of a state's attorney acting under section 14-14.1-35, a law enforcement
officer may take any lawful action reasonably necessary to locate a child or a party and assist a
state's attorney with responsibilities under section 14-14.1-35.
### § 14-14.1-37. (317) Costs and expenses.

If the respondent is not the prevailing party, the court may assess against the respondent all
direct expenses and costs incurred by the state's attorney and law enforcement officers under
section 14-14.1-35 or 14-14.1-36.
