§ 15-14.1-30. Expedited enforcement of child custody determination.
(a) A petition under this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child custody determination must state:
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) The present physical address of the child and the respondent, if known;
(5) Whether relief in addition to the immediate physical custody of the child and attorneys’ fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
(6) If the child custody determination has been registered and confirmed, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court may order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
(1) The child custody determination has not been registered and confirmed and that:
(i) The issuing court did not have jurisdiction;
(ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so;
(iii) The respondent was entitled to notice, but notice was not given in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed, but has been vacated, stayed, or modified by a court of a state having jurisdiction.
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.