§ 15-14.1-27. Registration of child custody determination.
(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:
(1) A letter or other document requesting registration;
(2) Two (2) copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(3) Except as otherwise provided, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a) of this section, the registering court shall:
(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2) Serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subdivision (b)(2) of this section must state that:
(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(2) A hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and
(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within twenty (20) days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1) The issuing court did not have jurisdiction;
(2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so; or
(3) The person contesting registration was entitled to notice, but notice was not given in the proceedings before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History of Section.P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
Structure Rhode Island General Laws
Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Section 15-14.1-1. - Short title.
Section 15-14.1-2. - Definitions.
Section 15-14.1-3. - Proceedings governed by other law.
Section 15-14.1-4. - Application to Indian tribes.
Section 15-14.1-5. - International application.
Section 15-14.1-6. - Effect of child custody determination.
Section 15-14.1-7. - Priority.
Section 15-14.1-8. - Notice to persons outside state.
Section 15-14.1-9. - Appearance and limited immunity.
Section 15-14.1-10. - Communication between courts.
Section 15-14.1-11. - Taking testimony in another state.
Section 15-14.1-12. - Cooperation between courts — Preservation of records.
Section 15-14.1-13. - Initial child custody jurisdiction.
Section 15-14.1-14. - Exclusive, continuing jurisdiction.
Section 15-14.1-15. - Jurisdiction to modify determination.
Section 15-14.1-16. - Temporary emergency jurisdiction.
Section 15-14.1-17. - Notice — Opportunity to be heard — Joinder.
Section 15-14.1-18. - Simultaneous proceedings.
Section 15-14.1-19. - Inconvenient forum.
Section 15-14.1-20. - Jurisdiction declined by reason of conduct.
Section 15-14.1-21. - Information to be submitted to court.
Section 15-14.1-22. - Appearance of parties and child.
Section 15-14.1-23. - Additional definitions in this chapter.
Section 15-14.1-24. - Enforcement under Hague Convention.
Section 15-14.1-25. - Duty to enforce.
Section 15-14.1-26. - Temporary visitation.
Section 15-14.1-27. - Registration of child custody determination.
Section 15-14.1-28. - Enforcement of registered determination.
Section 15-14.1-29. - Simultaneous proceedings.
Section 15-14.1-30. - Expedited enforcement of child custody determination.
Section 15-14.1-31. - Service of petition and order.
Section 15-14.1-32. - Hearing and order.
Section 15-14.1-33. - Warrant to take physical custody of child.
Section 15-14.1-34. - Costs, fees, and expenses.
Section 15-14.1-35. - Recognition and enforcement.
Section 15-14.1-36. - Appeals.
Section 15-14.1-37. - Role of prosecutor or public official.
Section 15-14.1-38. - Role of law enforcement.
Section 15-14.1-39. - Costs and expenses.
Section 15-14.1-40. - Application and construction.