Okla. Stat. tit. 43, § 43-551-308
This is the official text of Okla. Stat. tit. 43, § 43-551-308, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Expedited enforcement of child custody determination
Official statutory text
EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION
A. 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.
B. A petition for enforcement of a child custody determination
must state:
1. Whether the court that issued the determination identified
the jurisdictional basis it relied upon in exercising jurisdiction
and, if so, what the basis was;
2. Whether the determination for which enforcement is sought
has been vacated, stayed, or modified by a court whose decision must
be enforced under this act and, if so, identify the court, the case
number, and the nature of the proceeding;
3. 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;
Oklahoma Statutes - Title 43. Marriage and Family Page 158
4. The present physical address of the child and the
respondent, if known;
5. 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
6. If the child custody determination has been registered and
confirmed under Section 27 of this act, 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 must be held
on the 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.
D. An order issued under subsection C 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 34 of this act, and may
schedule a hearing to determine whether further relief is
appropriate, unless the respondent appears and establishes that:
1. The child custody determination has not been registered and
confirmed under Section 27 of this act and that:
a. the issuing court did not have jurisdiction under
Article 2 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 Article 2 of
this act, or
c. the respondent was entitled to notice, but notice was
not given in accordance with the standards of Section
8 of this act, in the proceedings before the court
that issued the order for which enforcement is sought;
or
2. The child custody determination for which enforcement is
sought was registered and confirmed under Section 27 of this act,
but has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Article 2 of this act.
A. 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.
B. A petition for enforcement of a child custody determination
must state:
1. Whether the court that issued the determination identified
the jurisdictional basis it relied upon in exercising jurisdiction
and, if so, what the basis was;
2. Whether the determination for which enforcement is sought
has been vacated, stayed, or modified by a court whose decision must
be enforced under this act and, if so, identify the court, the case
number, and the nature of the proceeding;
3. 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;
Oklahoma Statutes - Title 43. Marriage and Family Page 158
4. The present physical address of the child and the
respondent, if known;
5. 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
6. If the child custody determination has been registered and
confirmed under Section 27 of this act, 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 must be held
on the 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.
D. An order issued under subsection C 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 34 of this act, and may
schedule a hearing to determine whether further relief is
appropriate, unless the respondent appears and establishes that:
1. The child custody determination has not been registered and
confirmed under Section 27 of this act and that:
a. the issuing court did not have jurisdiction under
Article 2 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 Article 2 of
this act, or
c. the respondent was entitled to notice, but notice was
not given in accordance with the standards of Section
8 of this act, in the proceedings before the court
that issued the order for which enforcement is sought;
or
2. The child custody determination for which enforcement is
sought was registered and confirmed under Section 27 of this act,
but has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Article 2 of this act.
Status: in_force · Read it on the official government site
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