||A court of this state may request the appropriate court of another state to:
Terms Used In Utah Code 78B-13-112
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102
- Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-13-102
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
||hold an evidentiary hearing;
||order a person to produce or give evidence under procedures of that state;
||order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
||forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
||order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
||Upon request of a court of another state, a court of this state may:
||hold a hearing or enter an order described in Subsection (1); or
||order a person in this state to appear alone or with the child in a custody proceeding in another state.
||A court of this state may condition compliance with a request under Subsection (2)(b) upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed. If the person who has physical custody of the child cannot be served or fails to obey the order, or it appears the order will be ineffective, the court may issue a warrant of arrest against the person to secure his appearance with the child in the other state.
||Travel and other necessary and reasonable expenses incurred under Subsections (1) and (2) may be assessed against the parties according to the law of this state.
||A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of these records.
Renumbered and Amended by Chapter 3, 2008 General Session