Effective: April 11, 2005
Latest Legislation: Senate Bill 185 - 125th General Assembly
(A) Unless the court issues a temporary emergency order pursuant to section 3127.18 of the Revised Code, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes either of the following:
(1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies:
(a) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(b) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(c) The respondent was entitled to notice of the child custody proceeding for which enforcement is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(2) That the child custody determination for which enforcement is sought was registered and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(B) The court shall award the fees, costs, and expenses authorized under section 3127.42 of the Revised Code, and may grant additional relief, including a request for the assistance of law enforcement officials, and shall set a further hearing to determine whether the additional relief is appropriate.
(C) If a party called to testify in a proceeding to enforce a child custody determination refuses to answer on the basis that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this chapter.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act
Section 3127.01 | Definitions.
Section 3127.02 | Application of Chapter.
Section 3127.03 | Custody Proceeding Pertaining to Indian Child.
Section 3127.04 | Foreign Country Treated as State - Enforcement of Foreign Custody Determinations.
Section 3127.05 | Custody Determinations Under Chapter as Binding.
Section 3127.06 | Calendar Priorities.
Section 3127.07 | Notice and Proof of Service for Personal Jurisdiction Outside Ohio.
Section 3127.08 | Immunity to Personal Jurisdiction Regarding Unrelated Matter.
Section 3127.09 | Communication With Non-Ohio Court - Opportunity to Participate.
Section 3127.10 | Testimony of Out-of State Witnesses.
Section 3127.11 | Requests to or From Non-Ohio Court - Expenses - Forwarding of Copies.
Section 3127.15 | Jurisdictional Basis for Initial Custody Determination.
Section 3127.16 | Exclusive Continuing Jurisdiction Over Determination - Termination.
Section 3127.17 | Modification of Custody Determination of Non-Ohio Court.
Section 3127.18 | Temporary Emergency Jurisdiction - No Previous Custody Determination.
Section 3127.19 | Notice and Opportunity to Be Heard.
Section 3127.20 | Custody Proceeding Pending in Another State.
Section 3127.21 | Jurisdiction Declined - Forum Non Conveniens.
Section 3127.22 | Jurisdiction Declined - Unjustifiable Conduct - Remedy - Assessment of Expenses.
Section 3127.23 | Contents of Pleading or Affidavit.
Section 3127.24 | Order to Appear - Costs.
Section 3127.31 | Definitions - Petitioner and Respondent.
Section 3127.32 | Enforcement of Order for Return of Child Under Hague Convention.
Section 3127.33 | Recognition of Custody Determination of Non-Ohio Court.
Section 3127.34 | Temporary Enforcement Order by Court Lacking Jurisdiction to Modify Custody.
Section 3127.36 | Enforcement of Registered Custody Determination by Non-Ohio Court.
Section 3127.37 | Communication With Non-Ohio Court Where Modification Proceeding Pending.
Section 3127.38 | Petition for Enforcement of Custody Determination - Procedure - Order.
Section 3127.39 | Service of Petition and Order.
Section 3127.41 | Warrant to Take Physical Custody Where Imminent Danger of Harm or Removal.
Section 3127.42 | Award of Fees, Expenses and Costs to Prevailing Party.
Section 3127.43 | Full Faith and Credit to Orders Issued by Court of Another State.
Section 3127.44 | Appeal From Final Order.
Section 3127.45 | Actions to Locate, Obtain Return of Child, or Enforce Custody Determination.
Section 3127.46 | Authorized Enforcement Actions by Law Enforcement Officer.
Section 3127.47 | Assessment of Enforcement Expenses and Costs Against Losing Party.
Section 3127.51 | Construction of Chapter to Promote Uniformity.