The Arkansas Lawyer magazine Fall 2002

Page 44

Jurisdiction Continued from page 17 cusrody action by the abductor-parent In Careful compliance with Ilocice requirements is important so mat the child custOdy determination will be entitled to registration and enforcement under UCCjEA and PKPA.

another S[3rc.

me

8. How should a d~cision to give Full Faitb and Credit to an order of custody from anoth" staU be nuuk a"d by whom?

or visitation through the order. Norice is to be served on those persons named to allow

9. Must an out-ofstate order be a final order to be recogniud?

them an opportunity ro conresr registration of rhe foreign order.

The notice must

No.

A «child custody determination

inform them that to contest the validity of

means a judgment, decree, or other order of

the foreign order they must request a

a court providing for me legal custody,

hearing wimin 20 days after service of me

physical cusrody, or visitation wim respect

notice. and that failure ro contest the

ro a child. The term includes a permanent,

registration will preclude humer COntest of

temporary. initial, and modification order."

the out-of-state determination.

(ACA § 9-19-102(3))

To contest

the registration, a person would have to

Enforcement of foreign child custody

establish one of the following: I) that the

determinations is not a self-help process. The first step for recognition of an our-ofstate child custody determination is to make a request co register a certified copy with rhe appropriate circuit court, along with a statemem under penalty of perjury that ro the best knowledge and belief of the person

issuing court did nor have jurisdiction under

seeking registration the order has not been modified. Unless excepted because of the

the UCCj EA. or 2) that the determination

10. 01lce a" out-ofstate order is regi.steret4 wbat else call a court do beside giving it Full Faith alld Credit?

sought to be registered has been modified, vacated or stayed by a Court having

When an oue-of-state order has been

jurisdiction to do so under the Act, or 3)

registered, the court may grant any relief

that the person contesting registration was

normally available under state law to enforce

entitled ro notice under the Act, but that

the order. The UCCj EA also provides an

notice meeting the requirements of ACA §

expedited enforcement procedure, which

9-19-108 was not given in the proceedings

provides for a judicial hearing the next court

safety of the child or a party, the request for registration must also include the names and

which resulted in the order.

day after service, and relief including

request for a hearing is made, registration of

immediate physical custody of the child,

addresses of the declaranr and of any parenr

the order is confirmed as a matter of law,

attorney's

or person acting as a parem who has cusrody

and all persons served must be so notified.

enforcement. (ACA § 9-19-308)

If no timely

fees

and

help

from

law Other

relief may include issuing a warrant co take physical custody of the child based on a verified petition and testimony that the child is likely to suffer immediate physical

ELECTRICAL ACCIDENTS

harm or ro be removed from the state. The warrant is directed co law enforcement officials, who must serve the petition, warrant and order on the respondent

Paul D. Mixon, Ph.D., P.E.

immediately after taking the child into

Engineering Consultant PO. Box 3338 State University, AR 7467 (870) 972-2088 (870) 972-3948 FAX pmixon®navajo.astate.edu

custody. The petition must be heard on the next judicial day after execution of the warrant.

(ACA §

9-19-311)

In

an

enforcement action, the prevailing parry is entitled

to

reasonable

attorney

and

investigative fees, COSts. travel and child care expenses and COsts. (ACA § 9-19-312)

Electrical Accident Investigation and Analysis, Contact Cases and Electrocutions, Electrical Injuries, Property and Equipment Damage, Electrical Fires, Safety Codes (NEC, NESC, UL), Expert Witnessing for Plaintiff and Defense Related Cases.

This overview of the statutory scheme should pur every lawyer on notice that custody decrees in every case must be crafted with a view toward future disputes that might involve courtS of other states. ENDNOTES I Bruner v. Tadlock, 991 S.W.2d 600 (1999). Decided under the definition in

30 l1le Arkansas La~'er

www.arkbar.com


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