(1)  A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

Terms Used In Utah Code 78B-13-304

  • Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. 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
  • 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.
  • Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
  • 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
(a)  a parent-time schedule made by a court of another state; or

(b)  the parent-time provisions of a child custody determination of another state that does not provide for a specific parent-time schedule.

(2)  If a court of this state makes an order under Subsection (1)(b), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in 2. The order remains in effect until an order is obtained from the other court or the period expires.

Renumbered and Amended by Chapter 3, 2008 General Session