Colorado Code
Part 3 - Enforcement
§ 14-13-308. Expedited Enforcement of Child-Custody Determination
















Source: L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
This section provides the normal remedy that will be used in interstate cases: the production of the child in a summary, remedial process based on habeas corpus.
The petition is intended to provide the court with as much information as possible. Attaching certified copies of all orders sought to be enforced allows the court to have the necessary information. Most of the information relates to the permissible scope of the court's inquiry. The petitioner has the responsibility to inform the court of all proceedings that would affect the current enforcement action. Specific mention is made of certain proceedings to ensure that they are disclosed. A "procedure relating to domestic violence" includes not only protective order proceedings but also criminal prosecutions for child abuse or domestic violence.
The order requires the respondent to appear at a hearing on the next judicial day. The term "next judicial day" in this section means the next day when a judge is at the courthouse. At the hearing, the court will order the child to be delivered to the petitioner unless the respondent is prepared to assert that the issuing State lacked jurisdiction, that notice was not given in accordance with Section 14-13-108, or that the order sought to be enforced has been vacated, modified, or stayed by a court with jurisdiction to do so under Part 2. The court is also to order payment of the fees and expenses set out in Section 14-13-312. The court may set another hearing to determine whether additional relief available under this state's law should be granted.
If the order has been registered and confirmed in accordance with Section 14-13-304, the only defense to enforcement is that the order has been vacated, stayed or modified since the registration proceeding by a court with jurisdiction to do so under Part 2.