If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
Source: L. 93: Entire article R&RE, p. 1590, § 1, effective January 1, 1995. L. 97: Entire section amended, p. 537, § 8, effective July 1. L. 2003: Entire section amended, p. 1251, § 15, effective July 1, 2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 551, § 17, effective July 1.
COMMENT
If a [petition] or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the [petitioner] where and when the pleading was sent. A tribunal receiving UIFSA documents in error is to forward the original documents to their proper destination without undue delay. This section was originally intended to apply both to initiating and responding tribunals receiving such documents, but the practical elimination of the role of initiating tribunals under modern practice now limits the notice requirement to the petitioner, i.e., the individual party or support enforcement agency, that filed (or misfiled) the document directly. For example, if a tribunal is inappropriately designated as the responding tribunal, it shall forward the petition to the appropriate responding tribunal wherever located, if known, and notify the petitioner of its action. Such a procedure is much to be preferred to returning the documents to the petitioner to begin the process anew.
Cooperation of this sort will facilitate the ultimate goals of the act. Although by its terms this section applies only to a tribunal of this state, it can be anticipated that the support enforcement agency will also assist in transferring documents to the appropriate tribunal. Note the section does not contemplate that a state tribunal will forward documents to a tribunal in a foreign country.
Structure Colorado Code
Article 5 - Uniform Interstate Family Support Act
Part 3 - Civil Provisions of General Application
§ 14-5-301. Proceedings Under Article
§ 14-5-302. Proceeding by Minor Parent
§ 14-5-303. Application of Law of This State
§ 14-5-304. Duties of Initiating Tribunal
§ 14-5-305. Duties and Powers of Responding Tribunal
§ 14-5-306. Inappropriate Tribunal
§ 14-5-307. Duties of Support Enforcement Agency
§ 14-5-308. Duty of Attorney General
§ 14-5-310. Duties of State Information Agency
§ 14-5-311. Pleadings and Accompanying Documents
§ 14-5-312. Nondisclosure of Information in Exceptional Circumstances
§ 14-5-314. Limited Immunity of Petitioner
§ 14-5-315. Nonparentage as Defense
§ 14-5-316. Special Rules of Evidence and Procedure
§ 14-5-317. Communications Between Tribunals