§ 598B.209 — Information to be submitted to court

Iowa § 598B.209

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 598B: UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT

Text

1. 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 has or knows all
of the following:
a. Has participated, as a party or a 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.
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 subsection 1, paragraphs “a”
through “c”, 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.
5. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a
party or child would be unreasonably put at risk by the disclosure of identifying information,
or if an existing order so provides, the court shall order that the address of the party or child
or other identifying information not be disclosed in a pleading or other document filed in a
proceeding under this chapter.