Iowa Code 598B.308 – Expedited enforcement of child-custody determination
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Terms Used In Iowa Code 598B.308
- Child: includes child by adoption. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
598B.308 Expedited enforcement of child-custody determination.
1. A petition under this article 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 all of the following:
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 fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
f. If the child-custody determination has been registered and confirmed under section
598B.305, 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 will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 598B.312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either of the following:
a. The child-custody determination has not been registered and confirmed under section
598B.305 and that any of the following apply:
(1) The issuing court did not have jurisdiction under article II.
(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 article II.
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 598B.108, in the proceedings before the court that issued the order for which enforcement is sought.
b. The child-custody determination for which enforcement is sought was registered and
confirmed under § 598B.305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II.
99 Acts, ch 103, §30; 2000 Acts, ch 1154, §37
Referred to in §598B.311
1. A petition under this article 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 all of the following:
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 fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
f. If the child-custody determination has been registered and confirmed under section
598B.305, 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 will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 598B.312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either of the following:
a. The child-custody determination has not been registered and confirmed under section
598B.305 and that any of the following apply:
(1) The issuing court did not have jurisdiction under article II.
(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 article II.
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 598B.108, in the proceedings before the court that issued the order for which enforcement is sought.
b. The child-custody determination for which enforcement is sought was registered and
confirmed under § 598B.305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II.
99 Acts, ch 103, §30; 2000 Acts, ch 1154, §37
Referred to in §598B.311