§ 14-13-308 — Expedited enforcement of child-custody determination

Colorado § 14-13-308

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Child-custody Jurisdiction

Text

(1) A
petition under this part 3 in which the petitioner is seeking expedited enforcement
pursuant to this section 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 expedited enforcement of a child-custody determination
pursuant to this section 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
article and, if so, the identity of 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 or
domestic abuse, protective orders or restraining orders, termination of parental
rights, and adoptions and, if so, the identity of 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 14-13-305, the date and place of registration.

(3) Upon the filing of a petition for expedited enforcement pursuant to this
section, the court shall issue an order directing the respondent to appear in person
at a hearing, with or without the child, 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) of this section must state the time
and place of the hearing and advise the respondent that at the hearing the court
will order that the petitioner may take immediate physical custody of the child and
the payment of fees, costs, and expenses under section 14-13-312, 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 14-13-305 and that:

(I) The issuing court did not have jurisdiction under a provision of law
adopted by that state that is in substantial conformity with part 2 of this article;

(II) The child-custody determination for which enforcement is sought has
been vacated, stayed, or modified by a court having jurisdiction to do so under a
provision of law adopted by that state that is in substantial conformity with part 2
of this article;

(III) The respondent was entitled to notice, but notice was not given in
accordance with the standards substantially in conformity with the standards of
section 14-13-108, 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 a provision of law adopted by that state that is in
substantial conformity with section 14-13-304, but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under a provision of law
adopted by that state that is in substantial conformity with part 2 of this article.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1533, � 1, effective July 1.