Kentucky Statutes 403.856 – Expedited enforcement of child custody determination
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(1) A petition under Article 3 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.
(2) A petition for enforcement of a child custody determination shall 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 is entitled to enforcement under KRS § 403.800 to KRS § 403.880 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‘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
KRS § 403.850, 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 shall 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 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 KRS § 403.864, 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
KRS § 403.850 and that:
1. The issuing court did not have jurisdiction under Article 2;
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 2; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of KRS § 403.812, 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 KRS § 403.850 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 29, effective July 13, 2004.
(2) A petition for enforcement of a child custody determination shall state:
Terms Used In Kentucky Statutes 403.856
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 is entitled to enforcement under KRS § 403.800 to KRS § 403.880 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‘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
KRS § 403.850, 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 shall 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 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 KRS § 403.864, 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
KRS § 403.850 and that:
1. The issuing court did not have jurisdiction under Article 2;
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 2; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of KRS § 403.812, 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 KRS § 403.850 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 29, effective July 13, 2004.