§ 20-5-408 — Expedited enforcement of child custody determination

Wyoming § 20-5-408

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 5: CHILD CUSTODY
• Art. 4: ENFORCEMENT

Text

(a) A petition under this article in which the petitioner
is seeking expedited enforcement shall be verified. Certified
copies of all orders sought to be enforced and of any order
confirming registration shall be attached to the petition. A
copy of a certified copy of an order may be attached instead of
the original.
(b) A petition for enforcement of a child custody
determination shall state:
(i) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising
jurisdiction and, if so, what the basis was;
(ii) Whether the determination for which enforcement
is sought has been vacated, stayed or modified by a court whose
decision is enforceable under this act and, if so, the identity
of the court, the case number and the nature of the proceeding;
(iii) 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, the identity of the
court, the case number and the nature of the proceeding;
(iv) The present physical address of the child and
the respondent, if known;
(v) 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; and
(vi) If the child custody determination has been
registered and confirmed under W.S. 20-5-405, the date and place
of registration.
(c) 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
shall be held on the next judicial day after service of the
order unless that date is impossible. In the event that the
next judicial day after service of the order is impossible, 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.
(d) An order issued under subsection (c) of this section
shall 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 W.S. 20-5-412, and
may schedule a hearing to determine whether further relief is
appropriate, unless the respondent appears and establishes
either that:
(i) The child custody determination has not been
registered and confirmed under W.S. 20-5-405 and that:
(A) The issuing court did not have jurisdiction
under a provision of law from that state that is in substantial
conformity with article 3 of this act;
(B) 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 from
that state that is in substantial conformity with article 3 of
this act; or
(C) The respondent was entitled to notice, but
notice was not given in accordance with the standards under a
provision of law from that state that is in substantial
conformity with W.S. 20-5-208, in the proceedings before the
court that issued the order for which enforcement is sought.
(ii) The child custody determination for which
enforcement is sought was registered and confirmed under a
provision of law from that state that 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 a provision of law from that state that is in substantial
conformity with article 3 of this act.