Text: SF00366 Text: SF00368 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 367 1 2 1 3 AN ACT 1 4 ADOPTING THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT 1 5 ACT. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 ARTICLE I 1 10 GENERAL PROVISIONS 1 11 Section 1. NEW SECTION. 598B.101 SHORT TITLE. 1 12 This chapter shall be known and may be cited as the 1 13 "Uniform Child-custody Jurisdiction and Enforcement Act". 1 14 Sec. 2. NEW SECTION. 598B.102 DEFINITIONS. 1 15 As used in this chapter, unless the context otherwise 1 16 requires: 1 17 1. "Abandoned" means left without provision for reasonable 1 18 and necessary care or supervision. 1 19 2. "Child" means an individual who has not attained 1 20 eighteen years of age. 1 21 3. "Child-custody determination" means a judgment, decree, 1 22 or other order of a court providing for the legal custody, 1 23 physical custody, or visitation with respect to a child. The 1 24 term includes a permanent, temporary, initial, and 1 25 modification order. The term does not include an order 1 26 relating to child support or other monetary obligation of an 1 27 individual. 1 28 4. "Child-custody proceeding" means a proceeding in which 1 29 legal custody, physical custody, or visitation with respect to 1 30 a child is an issue. The term includes a proceeding for 1 31 dissolution of marriage, separation, neglect, abuse, 1 32 dependency, guardianship, paternity, termination of parental 1 33 rights, and protection from domestic violence, in which the 1 34 issue may appear. The term does not include a proceeding 1 35 involving juvenile delinquency, contractual emancipation, or 2 1 enforcement under article III. 2 2 5. "Commencement" means the filing of the first pleading 2 3 in a proceeding. 2 4 6. "Court" means an entity authorized under the law of a 2 5 state to establish, enforce, or modify a child-custody 2 6 determination. 2 7 7. "Home state" means the state in which a child lived 2 8 with a parent or a person acting as a parent for at least six 2 9 consecutive months immediately before the commencement of a 2 10 child-custody proceeding. In the case of a child less than 2 11 six months of age, the term means the state in which the child 2 12 lived from birth with any of the persons mentioned. A period 2 13 of temporary absence of any of the mentioned persons is part 2 14 of the period. 2 15 8. "Initial determination" means the first child-custody 2 16 determination concerning a particular child. 2 17 9. "Issuing court" means the court that makes a child- 2 18 custody determination for which enforcement is sought under 2 19 this chapter. 2 20 10. "Issuing state" means the state in which a child- 2 21 custody determination is made. 2 22 11. "Modification" means a child-custody determination 2 23 that changes, replaces, supersedes, or is otherwise made after 2 24 a previous determination concerning the same child, whether or 2 25 not it is made by the court that made the previous 2 26 determination. 2 27 12. "Person" means an individual, corporation, business 2 28 trust, estate, trust, partnership, limited liability company, 2 29 association, joint venture, or government; governmental 2 30 subdivision, agency, or instrumentality; public corporation; 2 31 or any other legal or commercial entity. 2 32 13. "Person acting as a parent" means a person, other than 2 33 a parent, to whom both of the following apply: 2 34 a. The person has physical custody of the child or has had 2 35 physical custody for a period of six consecutive months, 3 1 including any temporary absence, within one year immediately 3 2 before the commencement of a child-custody proceeding. 3 3 b. The person has been awarded legal custody by a court or 3 4 claims a right to legal custody under the law of this state. 3 5 14. "Physical custody" means the physical care and 3 6 supervision of a child. 3 7 15. "State" means a state of the United States, the 3 8 District of Columbia, Puerto Rico, the United States Virgin 3 9 Islands, or any territory or insular possession subject to the 3 10 jurisdiction of the United States. 3 11 16. "Tribe" means an Indian tribe or band, or Alaskan 3 12 native village, which is recognized by federal law or formally 3 13 acknowledged by a state. 3 14 17. "Warrant" means an order issued by a court authorizing 3 15 law enforcement officers to take physical custody of a child. 3 16 Sec. 3. NEW SECTION. 598B.103 PROCEEDINGS GOVERNED BY 3 17 OTHER LAW. 3 18 This chapter does not govern an adoption proceeding or a 3 19 proceeding pertaining to the authorization of emergency 3 20 medical care for a child. 3 21 Sec. 4. NEW SECTION. 598B.104 APPLICATION TO INDIAN 3 22 TRIBES. 3 23 1. A child-custody proceeding that pertains to an Indian 3 24 child as defined in the federal Indian Child Welfare Act, 25 3 25 U.S.C. } 1901 et seq., is not subject to this chapter to the 3 26 extent that it is governed by the federal Indian Child Welfare 3 27 Act. 3 28 2. A court of this state shall treat a tribe as if it were 3 29 a state of the United States for the purpose of applying this 3 30 article and article II. 3 31 3. A child-custody determination made by a tribe under 3 32 factual circumstances in substantial conformity with the 3 33 jurisdictional standards of this chapter must be recognized 3 34 and enforced under article III. 3 35 Sec. 5. NEW SECTION. 598B.105 INTERNATIONAL APPLICATION. 4 1 1. A court of this state shall treat a foreign country as 4 2 if it were a state of the United States for the purpose of 4 3 applying this article and article II. 4 4 2. Except as otherwise provided in subsection 3, a child- 4 5 custody determination made in a foreign country under factual 4 6 circumstances in substantial conformity with the 4 7 jurisdictional standards of this chapter must be recognized 4 8 and enforced under article III. 4 9 3. A court of this state need not apply this chapter if 4 10 the child custody law of a foreign country violates 4 11 fundamental principles of human rights. 4 12 Sec. 6. NEW SECTION. 598B.106 EFFECT OF CHILD-CUSTODY 4 13 DETERMINATION. 4 14 A child-custody determination made by a court of this state 4 15 that had jursidiction under this chapter binds all persons who 4 16 have been served in accordance with the laws of this state, or 4 17 notified in accordance with section 598B.108, or who have 4 18 submitted to the jurisdiction of the court, and who have been 4 19 given an opportunity to be heard. As to those persons, the 4 20 determination is conclusive as to all decided issues of law 4 21 and fact except to the extent the determination is modified. 4 22 Sec. 7. NEW SECTION. 598B.107 PRIORITY. 4 23 If a question of existence or exercise of jurisdiction 4 24 under this chapter is raised in a child-custody proceeding, 4 25 the question, upon request of a party, must be given priority 4 26 on the calendar and handled expeditiously. 4 27 Sec. 8. NEW SECTION. 598B.108 NOTICE TO PERSONS OUTSIDE 4 28 STATE. 4 29 1. Notice required for the exercise of jurisdiction when a 4 30 person is outside this state may be given in a manner 4 31 prescribed by the law of this state for service of process or 4 32 by the law of the state in which the service is made. Notice 4 33 shall be given in a manner reasonably calculated to give 4 34 actual notice but may be by publication if other means are not 4 35 effective. 5 1 2. Proof of service may be made in the manner prescribed 5 2 by the law of this state or by the law of the state in which 5 3 the service is made. 5 4 3. Notice is not required for the exercise of jurisdiction 5 5 with respect to a person who submits to the jurisdiction of 5 6 the court. 5 7 Sec. 9. NEW SECTION. 598B.109 APPEARANCE AND LIMITED 5 8 IMMUNITY. 5 9 1. A party to a child-custody proceeding, including a 5 10 modification proceeding, or a petitioner or respondent in a 5 11 proceeding to enforce or register a child-custody 5 12 determination, is not subject to personal jurisdiction in this 5 13 state for another proceeding or purpose solely by reason of 5 14 having participated, or of having been physically present for 5 15 the purpose of participating, in the proceeding. 5 16 2. A person who is subject to personal jurisdiction in 5 17 this state on a basis other than physical presence is not 5 18 immune from service of process in this state. A party present 5 19 in this state who is subject to the jurisdiction of another 5 20 state is not immune from service of process allowable under 5 21 the laws of that state. 5 22 3. The immunity granted by subsection 1 does not extend to 5 23 civil litigation based on acts unrelated to the participation 5 24 in a proceeding under this chapter committed by an individual 5 25 while present in this state. 5 26 Sec. 10. NEW SECTION. 598B.110 COMMUNICATION BETWEEN 5 27 COURTS. 5 28 1. A court of this state may communicate with a court in 5 29 another state concerning a proceeding arising under this 5 30 chapter. 5 31 2. The court may allow the parties to participate in the 5 32 communication. If the parties are not able to participate in 5 33 the communication, they must be given the opportunity to 5 34 present facts and legal arguments before a decision on 5 35 jurisdiction is made. 6 1 3. Communication between courts on schedules, calendars, 6 2 court records, and similar matters may occur without informing 6 3 the parties. A record need not be made of the communication. 6 4 4. Except as otherwise provided in subsection 3, a record 6 5 must be made of a communication under this section. The 6 6 parties must be informed promptly of the communication and 6 7 granted access to the record. 6 8 5. For the purposes of this section, "record" means 6 9 information that is inscribed on a tangible medium or that is 6 10 stored in an electronic or other medium and is retrievable in 6 11 perceivable form. 6 12 Sec. 11. NEW SECTION. 598B.111 TAKING TESTIMONY IN 6 13 ANOTHER STATE. 6 14 1. In addition to other procedures available to a party, a 6 15 party to a child-custody proceeding may offer testimony of 6 16 witnesses who are located in another state, including 6 17 testimony of the parties and the child, by deposition or other 6 18 means allowable in this state for testimony taken in another 6 19 state. The court on its own motion may order that the 6 20 testimony of a person be taken in another state and may 6 21 prescribe the manner in which and the terms upon which the 6 22 testimony is taken. 6 23 2. A court of this state may permit an individual residing 6 24 in another state to be deposed or to testify by telephone, 6 25 audiovisual means, or other electronic means before a 6 26 designated court or at another location in that state. A 6 27 court of this state shall cooperate with courts of other 6 28 states in designating an appropriate location for the 6 29 deposition or testimony. 6 30 3. Documentary evidence transmitted from another state to 6 31 a court of this state by technological means that do not 6 32 produce an original writing shall not be excluded from 6 33 evidence on an objection based on the means of transmission. 6 34 Sec. 12. NEW SECTION. 598B.112 COOPERATION BETWEEN 6 35 COURTS – PRESERVATION OF RECORDS. 7 1 1. A court of this state may request the appropriate court 7 2 of another state to do any or all of the following: 7 3 a. Hold an evidentiary hearing. 7 4 b. Order a person to produce or give evidence pursuant to 7 5 procedures of that state. 7 6 c. Order that an evaluation be made with respect to the 7 7 custody of a child involved in a pending proceeding. 7 8 d. Forward to the court of this state a certified copy of 7 9 the transcript of the record of the hearing, the evidence 7 10 otherwise presented, and any evaluation prepared in compliance 7 11 with the request. 7 12 e. Order a party to a child-custody proceeding or any 7 13 person having physical custody of the child to appear in the 7 14 proceeding with or without the child. 7 15 2. Upon request of a court of another state, a court of 7 16 this state may hold a hearing or enter an order described in 7 17 subsection 1. 7 18 3. Travel and other necessary and reasonable expenses 7 19 incurred under subsections 1 and 2 may be assessed against the 7 20 parties according to the law of this state. 7 21 4. A court of this state shall preserve the pleadings, 7 22 orders, decrees, records of hearings, evaluations, and other 7 23 pertinent records with respect to a child-custody proceeding 7 24 until the child attains eighteen years of age. Upon 7 25 appropriate request by a court or law enforcement official of 7 26 another state, the court shall forward a certified copy of 7 27 those records. 7 28 ARTICLE II 7 29 JURISDICTION 7 30 Sec. 13. NEW SECTION. 598B.201 INITIAL CHILD-CUSTODY 7 31 JURISDICTION. 7 32 1. Except as otherwise provided in section 598B.204, a 7 33 court of this state has jurisdiction to make an initial child- 7 34 custody determination only if any of the following applies: 7 35 a. This state is the home state of the child on the date 8 1 of the commencement of the proceeding, or was the home state 8 2 of the child within six months before the commencement of the 8 3 proceeding and the child is absent from this state but a 8 4 parent or person acting as a parent continues to live in this 8 5 state. 8 6 b. A court of another state does not have jurisdiction 8 7 under paragraph "a", or a court of the home state of the child 8 8 has declined to exercise jurisdiction on the ground that this 8 9 state is the more appropriate forum under section 598B.207 or 8 10 598B.208 and both of the following apply: 8 11 (1) The child and the child's parents, or the child and at 8 12 least one parent or a person acting as a parent, have a 8 13 significant connection with this state other than mere 8 14 physical presence. 8 15 (2) Substantial evidence is available in this state 8 16 concerning the child's care, protection, training, and 8 17 personal relationships. 8 18 c. All courts having jurisdiction under paragraph "a" or 8 19 "b" have declined to exercise jurisdiction on the ground that 8 20 a court of this state is the more appropriate forum to 8 21 determine the custody of the child under section 598B.207 or 8 22 598B.208. 8 23 d. No court of any other state would have jurisdiction 8 24 under the criteria specified in paragraph "a", "b", or "c". 8 25 2. Subsection 1 is the exclusive jurisdictional basis for 8 26 making a child-custody determination by a court of this state. 8 27 3. Physical presence of, or personal jurisdiction over, a 8 28 party or a child is not necessary or sufficient to make a 8 29 child-custody determination. 8 30 Sec. 14. NEW SECTION. 598B.202 EXCLUSIVE, CONTINUING 8 31 JURISDICTION. 8 32 1. Except as otherwise provided in section 598B.204, a 8 33 court of this state which has made a child-custody 8 34 determination consistent with section 598B.201 or 598B.203 has 8 35 exclusive, continuing jurisdiction over the determination 9 1 until any of the following occurs: 9 2 a. A court of this state determines that the child does 9 3 not have, the child and one parent do not have, or the child 9 4 and a person acting as a parent do not have a significant 9 5 connection with this state and that substantial evidence is no 9 6 longer available in this state concerning the child's care, 9 7 protection, training, and personal relationships. 9 8 b. A court of this state or a court of another state 9 9 determines that the child, the child's parents, and any person 9 10 acting as a parent do not presently reside in this state. 9 11 2. A court of this state which has made a child-custody 9 12 determination and does not have exclusive, continuing 9 13 jurisdiction under this section may modify that determination 9 14 only if it has jurisdiction to make an initial determination 9 15 under section 598B.201. 9 16 Sec. 15. NEW SECTION. 598B.203 JURISDICTION TO MODIFY 9 17 DETERMINATION. 9 18 Except as otherwise provided in section 598B.204, a court 9 19 of this state shall not modify a child-custody determination 9 20 made by a court of another state unless a court of this state 9 21 has jurisdiction to make an initial determination under 9 22 section 598B.201, subsection 1, paragraph "a" or "b", and 9 23 either of the following applies: 9 24 1. The court of the other state determines it no longer 9 25 has exclusive, continuing jurisdiction under section 598B.202 9 26 or that a court of this state would be a more convenient forum 9 27 under section 598B.207. 9 28 2. A court of this state or a court of the other state 9 29 determines that the child, the child's parents, and any person 9 30 acting as a parent do not presently reside in the other state. 9 31 Sec. 16. NEW SECTION. 598B.204 TEMPORARY EMERGENCY 9 32 JURISDICTION. 9 33 1. A court of this state has temporary emergency 9 34 jurisdiction if the child is present in this state and the 9 35 child has been abandoned or it is necessary in an emergency to 10 1 protect the child because the child, or a sibling or parent of 10 2 the child, is subjected to or threatened with mistreatment or 10 3 abuse. 10 4 2. If there is no previous child-custody determination 10 5 that is entitled to be enforced under this chapter and a 10 6 child-custody proceeding has not been commenced in a court of 10 7 a state having jurisdiction under sections 598B.201 through 10 8 598B.203, a child-custody determination made under this 10 9 section remains in effect until an order is obtained from a 10 10 court of a state having jurisdiction under sections 598B.201 10 11 through 598B.203. If a child-custody proceeding has not been 10 12 or is not commenced in a court of a state having jurisdiction 10 13 under sections 598B.201 through 598B.203, a child-custody 10 14 determination made under this section becomes a final 10 15 determination, if it so provides and this state becomes the 10 16 home state of the child. 10 17 3. If there is a previous child-custody determination that 10 18 is entitled to be enforced under this chapter, or a child- 10 19 custody proceeding has been commenced in a court of a state 10 20 having jurisdiction under sections 598B.201 through 598B.203, 10 21 any order issued by a court of this state under this section 10 22 must specify in the order a period that the court considers 10 23 adequate to allow the person seeking an order to obtain an 10 24 order from the state having jurisdiction under sections 10 25 598B.201 through 598B.203. The order issued in this state 10 26 remains in effect until an order is obtained from the other 10 27 state within the period specified or the period expires. 10 28 4. A court of this state which has been asked to make a 10 29 child-custody determination under this section, upon being 10 30 informed that a child-custody proceeding has been commenced 10 31 in, or a child-custody determination has been made by, a court 10 32 of a state having jurisdiction under sections 598B.201 through 10 33 598B.203, shall immediately communicate with the other court. 10 34 A court of this state which is exercising jurisdiction 10 35 pursuant to sections 598B.201 through 598B.203, upon being 11 1 informed that a child-custody proceeding has been commenced 11 2 in, or a child-custody determination has been made by, a court 11 3 or another state under a statute similar to this section shall 11 4 immediately communicate with the court of that state to 11 5 resolve the emergency, protect the safety of the parties and 11 6 the child, and determine a period for the duration of the 11 7 temporary order. 11 8 Sec. 17. NEW SECTION. 598B.205 NOTICE – OPPORTUNITY TO 11 9 BE HEARD – JOINDER. 11 10 1. Before a child-custody determination is made under this 11 11 chapter, notice and an opportunity to be heard in accordance 11 12 with the standards of section 598B.108 must be given to all 11 13 persons entitled to notice under the law of this state as in 11 14 child-custody proceedings between residents of this state, any 11 15 parent whose parental rights have not been previously 11 16 terminated, and any person having physical custody of the 11 17 child. 11 18 2. This chapter does not govern the enforceability of a 11 19 child-custody determination made without notice or an 11 20 opportunity to be heard. 11 21 3. The obligation to join a party and the right to 11 22 intervene as a party in a child-custody proceeding under this 11 23 chapter are governed by the law of this state as in child- 11 24 custody proceedings between residents of this state. 11 25 Sec. 18. NEW SECTION. 598B.206 SIMULTANEOUS PROCEEDINGS. 11 26 1. Except as otherwise provided in section 598B.204, a 11 27 court of this state shall not exercise its jurisdiction under 11 28 this article if, at the time of the commencement of the 11 29 proceeding, a proceeding concerning the custody of the child 11 30 has been commenced in a court of another state having 11 31 jurisdiction substantially in conformity with this chapter, 11 32 unless the proceeding has been terminated or is stayed by the 11 33 court of the other state because a court of this state is a 11 34 more convenient forum under section 598B.207. 11 35 2. Except as otherwise provided in section 598B.204, a 12 1 court of this state, before hearing a child-custody 12 2 proceeding, shall examine the court documents and other 12 3 information supplied by the parties pursuant to section 12 4 598B.209. If the court determines that a child-custody 12 5 proceeding has been commenced in a court in another state 12 6 having jurisdiction substantially in accordance with this 12 7 chapter, the court of this state shall stay its proceeding and 12 8 communicate with the court of the other state. If the court 12 9 of the state having jurisdiction substantially in accordance 12 10 with this chapter does not determine that the court of this 12 11 state is a more appropriate forum, the court of this state 12 12 shall dismiss the proceeding. 12 13 3. In a proceeding to modify a child-custody 12 14 determination, a court of this state shall determine whether a 12 15 proceeding to enforce the determination has been commenced in 12 16 another state. If a proceeding to enforce a child-custody 12 17 determination has been commenced in another state, the court 12 18 may do any of the following: 12 19 a. Stay the proceeding for modification pending the entry 12 20 of an order of a court of the other state enforcing, staying, 12 21 denying, or dismissing the proceeding for enforcement. 12 22 b. Enjoin the parties from continuing with the proceeding 12 23 for enforcement. 12 24 c. Proceed with the modification under conditions it 12 25 considers appropriate. 12 26 Sec. 19. NEW SECTION. 598B.207 INCONVENIENT FORUM. 12 27 1. A court of this state which has jurisdiction under this 12 28 chapter to make a child-custody determination may decline to 12 29 exercise its jurisdiction at any time if it determines that it 12 30 is an inconvenient forum under the circumstances and that a 12 31 court of another state is a more appropriate forum. The issue 12 32 of inconvenient forum may be raised upon motion of a party, 12 33 the court's own motion, or request of another court. 12 34 2. Before determining whether it is an inconvenient forum, 12 35 a court of this state shall consider whether it is appropriate 13 1 for a court of another state to exercise jurisdiction. For 13 2 this purpose, the court shall allow the parties to submit 13 3 information and shall consider all relevant factors, including 13 4 all of the following: 13 5 a. Whether domestic violence has occurred and is likely to 13 6 continue in the future and which state could best protect the 13 7 parties and the child. 13 8 b. The length of time the child has resided outside this 13 9 state. 13 10 c. The distance between the court in this state and the 13 11 court in the state that would assume jurisdiction. 13 12 d. The relative financial circumstances of the parties. 13 13 e. Any agreement of the parties as to which state should 13 14 assume jurisdiction. 13 15 f. The nature and location of the evidence required to 13 16 resolve the pending litigation, including testimony of the 13 17 child. 13 18 g. The ability of the court of each state to decide the 13 19 issue expeditiously and the procedures necessary to present 13 20 the evidence. 13 21 h. The familiarity of the court of each state with the 13 22 facts and issues in the pending litigation. 13 23 3. If a court of this state determines that it is an 13 24 inconvenient forum and that a court of another state is a more 13 25 appropriate forum, it shall stay the proceedings upon 13 26 condition that a child-custody proceeding be promptly 13 27 commenced in another designated state and may impose any other 13 28 condition the court considers just and proper. 13 29 4. A court of this state may decline to exercise its 13 30 jurisdiction under this chapter if a child-custody 13 31 determination is incidental to an action for dissolution of 13 32 marriage or another proceeding while still retaining 13 33 jurisdiction over the dissolution of marriage or other 13 34 proceeding. 13 35 Sec. 20. NEW SECTION. 598B.208 JURISDICTION DECLINED BY 14 1 REASON OF CONDUCT. 14 2 1. Except as otherwise provided in section 598B.204 or by 14 3 any other law of this state, if a court of this state has 14 4 jurisdiction under this chapter because a person seeking to 14 5 invoke its jurisdiction has engaged in unjustifiable conduct, 14 6 the court shall decline to exercise its jurisdiction unless 14 7 any of the following applies: 14 8 a. The parents and all persons acting as parents have 14 9 acquiesced in the exercise of jurisdiction. 14 10 b. A court of the state otherwise having jurisdiction 14 11 under sections 598B.201 through 598B.203 determines that this 14 12 state is a more appropriate forum under section 598B.207. 14 13 c. No court of any other state would have jurisdiction 14 14 under the criteria specified in sections 598B.201 through 14 15 598B.203. 14 16 2. If a court of this state declines to exercise its 14 17 jurisdiction pursuant to subsection 1, it may fashion an 14 18 appropriate remedy to ensure the safety of the child and 14 19 prevent a repetition of the unjustifiable conduct, including 14 20 staying the proceeding until a child-custody proceeding is 14 21 commenced in a court having jurisdiction under sections 14 22 598B.201 through 598B.203. 14 23 3. If a court dismisses a petition or stays a proceeding 14 24 because it declines to exercise its jurisdiction pursuant to 14 25 subsection 1, it shall assess against the party seeking to 14 26 invoke its jurisdiction necessary and reasonable expenses 14 27 including costs, communication expenses, attorney fees, 14 28 investigative fees, expenses for witnesses, travel expenses, 14 29 and child care during the course of the proceedings, unless 14 30 the party from whom fees are sought establishes that the 14 31 assessment would be clearly inappropriate. The court shall 14 32 not assess fees, costs, or expenses against this state unless 14 33 authorized by law other than this chapter. 14 34 Sec. 21. NEW SECTION. 598B.209 INFORMATION TO BE 14 35 SUBMITTED TO COURT. 15 1 1. In a child-custody proceeding, each party, in its first 15 2 pleading or in an attached affidavit, shall give information, 15 3 if reasonably ascertainable, under oath as to the child's 15 4 present address or whereabouts, the places where the child has 15 5 lived during the last five years, and the names and present 15 6 addresses of the persons with whom the child has lived during 15 7 that period. The pleading or affidavit must state whether the 15 8 party has or knows all of the following: 15 9 a. Has participated, as a party or a witness or in any 15 10 other capacity, in any other proceeding concerning the custody 15 11 of or visitation with the child and, if so, identify the 15 12 court, the case number, and the date of the child-custody 15 13 determination, if any. 15 14 b. Knows of any proceeding that could affect the current 15 15 proceeding, including proceedings for enforcement and 15 16 proceedings relating to domestic violence, protective orders, 15 17 termination of parental rights, and adoptions and, if so, 15 18 identify the court, the case number, and the nature of the 15 19 proceeding. 15 20 c. Knows the names and addresses of any person not a party 15 21 to the proceeding who has physical custody of the child or 15 22 claims rights of legal custody or physical custody of, or 15 23 visitation with, the child and, if so, the names and addresses 15 24 of those persons. 15 25 2. If the information required by subsection 1 is not 15 26 furnished, the court, upon motion of a party or its own 15 27 motion, may stay the proceeding until the information is 15 28 furnished. 15 29 3. If the declaration as to any of the items described in 15 30 subsection 1, paragraphs "a" through "c", is in the 15 31 affirmative, the declarant shall give additional information 15 32 under oath as required by the court. The court may examine 15 33 the parties under oath as to details of the information 15 34 furnished and other matters pertinent to the court's 15 35 jurisdiction and the disposition of the case. 16 1 4. Each party has a continuing duty to inform the court of 16 2 any proceeding in this or any other state that could affect 16 3 the current proceeding. 16 4 5. Upon a finding, which may be made ex parte, that the 16 5 health, safety, or liberty of a party or child would be 16 6 unreasonably put at risk by the disclosure of identifying 16 7 information, or if an existing order so provides, the court 16 8 shall order that the address of the party or child or other 16 9 identifying information not be disclosed in a pleading or 16 10 other document filed in a proceeding under this chapter. 16 11 Sec. 22. NEW SECTION. 598B.210 APPEARANCE OF PARTIES AND 16 12 CHILD. 16 13 1. In a child-custody proceeding in this state, the court 16 14 may order a party to the proceeding who is in this state to 16 15 appear before the court in person with or without the child. 16 16 The court may order any person who is in this state and who 16 17 has physical custody or control of the child to appear in 16 18 person with the child. 16 19 2. If a party to a child-custody proceeding whose presence 16 20 is desired by the court is outside this state, the court may 16 21 order that a notice given pursuant to section 598B.108 include 16 22 a statement directing the party to appear in person with or 16 23 without the child and informing the party that failure to 16 24 appear may result in a decision adverse to the party. 16 25 3. The court may enter any orders necessary to ensure the 16 26 safety of the child and of any person ordered to appear under 16 27 this section. 16 28 4. If a party to a child-custody proceeding who is outside 16 29 this state is directed to appear under subsection 2 or desires 16 30 to appear personally before the court with or without the 16 31 child, the court may require another party to pay reasonable 16 32 and necessary travel and other expenses of the party so 16 33 appearing and of the child. 16 34 ARTICLE III 16 35 ENFORCEMENT 17 1 Sec. 23. NEW SECTION. 598B.301 DEFINITIONS. 17 2 As used in this article, unless the context otherwise 17 3 requires: 17 4 1. "Petitioner" means a person who seeks enforcement of an 17 5 order for return of a child under the Hague convention on the 17 6 civil aspects of international child abduction or enforcement 17 7 of a child-custody determination. 17 8 2. "Respondent" means a person against whom a proceeding 17 9 has been commenced for enforcement of an order for return of a 17 10 child under the Hague convention on the civil aspects of 17 11 international child abduction or enforcement of a child- 17 12 custody determination. 17 13 Sec. 24. NEW SECTION. 598B.302 ENFORCEMENT UNDER HAGUE 17 14 CONVENTION. 17 15 Under this article, a court of this state may enforce an 17 16 order for the return of the child made under the Hague 17 17 convention on the civil aspects of international child 17 18 abduction as if it were a child-custody determination. 17 19 Sec. 25. NEW SECTION. 598B.303 DUTY TO ENFORCE. 17 20 1. A court of this state shall recognize and enforce a 17 21 child-custody determination of a court of another state if the 17 22 latter court exercised jurisdiction in substantial conformity 17 23 with this chapter or the determination was made under factual 17 24 circumstances meeting the jurisdictional standards of this 17 25 chapter and the determination has not been modified in 17 26 accordance with this chapter. 17 27 2. A court of this state may utilize any remedy available 17 28 under other law of this state to enforce a child-custody 17 29 determination made by a court of another state. The remedies 17 30 provided in this article are cumulative and do not affect the 17 31 availability of other remedies to enforce a child-custody 17 32 determination. 17 33 Sec. 26. NEW SECTION. 598B.304 TEMPORARY VISITATION. 17 34 1. A court of this state which does not have jurisdiction 17 35 to modify a child-custody determination, may issue a temporary 18 1 order enforcing any of the following: 18 2 a. A visitation schedule made by a court of another state. 18 3 b. The visitation provisions of a child-custody 18 4 determination of another state that does not provide for a 18 5 specific visitation schedule. 18 6 2. If a court of this state makes an order under 18 7 subsection 1, paragraph "b", it shall specify in the order a 18 8 period that it considers adequate to allow the petitioner to 18 9 obtain an order from a court having jurisdiction under the 18 10 criteria specified in article II. The order remains in effect 18 11 until an order is obtained from the other court or the period 18 12 expires. 18 13 Sec. 27. NEW SECTION. 598B.305 REGISTRATION OF CHILD- 18 14 CUSTODY DETERMINATION. 18 15 1. A child-custody determination issued by a court of 18 16 another state may be registered in this state, with or without 18 17 a simultaneous request for enforcement, by sending to the 18 18 district court in this state all of the following: 18 19 a. A letter or other document requesting registration. 18 20 b. Two copies, including one certified copy, of the 18 21 determination sought to be registered, and a statement under 18 22 penalty of perjury that to the best of the knowledge and 18 23 belief of the person seeking registration the order has not 18 24 been modified. 18 25 c. Except as otherwise provided in section 598B.209, the 18 26 name and address of the person seeking registration and any 18 27 parent or person acting as a parent who has been awarded 18 28 custody or visitation in the child-custody determination 18 29 sought to be registered. 18 30 2. On receipt of the documents required by subsection 1, 18 31 the registering court shall do all of the following: 18 32 a. Cause the determination to be filed as a foreign 18 33 judgment, together with one copy of any accompanying documents 18 34 and information, regardless of their form. 18 35 b. Serve notice upon the persons named pursuant to 19 1 subsection 1, paragraph "c", and provide them with an 19 2 opportunity to contest the registration in accordance with 19 3 this section. 19 4 3. The notice required by subsection 2, paragraph "b", 19 5 must state all of the following: 19 6 a. That a registered determination is enforceable as of 19 7 the date of the registration in the same manner as a 19 8 determination issued by a court of this state. 19 9 b. That a hearing to contest the validity of the 19 10 registered determination must be requested within twenty days 19 11 after service of notice. 19 12 c. That failure to contest the registration will result in 19 13 confirmation of the child-custody determination and preclude 19 14 further contest of that determination with respect to any 19 15 matter that could have been asserted. 19 16 4. A person seeking to contest the validity of a 19 17 registered order must request a hearing within twenty days 19 18 after service of the notice. At that hearing, the court shall 19 19 confirm the registered order unless the person contesting 19 20 registration establishes any of the following: 19 21 a. That the issuing court did not have jurisdiction under 19 22 article II. 19 23 b. That the child-custody determination sought to be 19 24 registered has been vacated, stayed, or modified by a court 19 25 having jurisdiction to do so under article II. 19 26 c. That the person contesting registration was entitled to 19 27 notice, but notice was not given in accordance with the 19 28 standards of section 598B.108, in the proceedings before the 19 29 court that issued the order for which registration is sought. 19 30 5. If a timely request for a hearing to contest the 19 31 validity of the registration is not made, the registration is 19 32 confirmed as a matter of law and the person requesting 19 33 registration and all persons served must be notified of the 19 34 confirmation. 19 35 6. Confirmation of a registered order, whether by 20 1 operation of law or after notice and hearing, precludes 20 2 further contest of the order with respect to any matter that 20 3 could have been asserted at the time of registration. 20 4 Sec. 28. NEW SECTION. 598B.306 ENFORCEMENT OF REGISTERED 20 5 DETERMINATION. 20 6 1. A court of this state may grant any relief normally 20 7 available under the law of this state to enforce a registered 20 8 child-custody determination made by a court of another state. 20 9 2. A court of this state shall recognize and enforce, but 20 10 shall not modify, except in accordance with article II, a 20 11 registered child-custody determination of a court of another 20 12 state. 20 13 Sec. 29. NEW SECTION. 598B.307 SIMULTANEOUS PROCEEDINGS. 20 14 If a proceeding for enforcement under this article is 20 15 commenced in a court of this state and the court determines 20 16 that a proceeding to modify the determination is pending in a 20 17 court of another state having jurisdiction to modify the 20 18 determination under article II, the enforcing court shall 20 19 immediately communicate with the modifying court. The 20 20 proceeding for enforcement continues unless the enforcing 20 21 court, after consultation with the modifying court, stays or 20 22 dismisses the proceeding. 20 23 Sec. 30. NEW SECTION. 598B.308 EXPEDITED ENFORCEMENT OF 20 24 CHILD-CUSTODY DETERMINATION. 20 25 1. A petition under this article must be verified. 20 26 Certified copies of all orders sought to be enforced and of 20 27 any order confirming registration must be attached to the 20 28 petition. A copy of a certified copy of an order may be 20 29 attached instead of the original. 20 30 2. A petition for enforcement of a child-custody 20 31 determination must state all of the following: 20 32 a. Whether the court that issued the determination 20 33 identified the jurisdictional basis it relied upon in 20 34 exercising jurisdiction and, if so, what the basis was. 20 35 b. Whether the determination for which enforcement is 21 1 sought has been vacated, stayed, or modified by a court whose 21 2 decision must be enforced under this chapter and, if so, 21 3 identify the court, the case number, and the nature of the 21 4 proceeding. 21 5 c. Whether any proceeding has been commenced that could 21 6 affect the current proceeding, including proceedings relating 21 7 to domestic violence, protective orders, termination of 21 8 parental rights, and adoptions and, if so, identify the court, 21 9 the case number, and the nature of the proceeding. 21 10 d. The present physical address of the child and the 21 11 respondent, if known. 21 12 e. Whether relief in addition to the immediate physical 21 13 custody of the child and attorney fees is sought, including a 21 14 request for assistance from law enforcement officials and, if 21 15 so, the relief sought. 21 16 f. If the child-custody determination has been registered 21 17 and confirmed under section 598B.305, the date and place of 21 18 registration. 21 19 3. Upon the filing of a petition, the court shall issue an 21 20 order directing the respondent to appear in person with or 21 21 without the child at a hearing and may enter any order 21 22 necessary to ensure the safety of the parties and the child. 21 23 The hearing must be held on the next judicial day after 21 24 service of the order unless that date is impossible. In that 21 25 event, the court shall hold the hearing on the first judicial 21 26 day possible. The court may extend the date of hearing at the 21 27 request of the petitioner. 21 28 4. An order issued under subsection 3 must state the time 21 29 and place of the hearing and advise the respondent that at the 21 30 hearing the court will order that the petitioner may take 21 31 immediate physical custody of the child and the payment of 21 32 fees, costs, and expenses under section 598B.312, and may 21 33 schedule a hearing to determine whether further relief is 21 34 appropriate, unless the respondent appears and establishes 21 35 either of the following: 22 1 a. The child-custody determination has not been registered 22 2 and confirmed under section 598B.305 and that all of the 22 3 following apply: 22 4 (1) The issuing court did not have jurisdiction under 22 5 article II. 22 6 (2) The child-custody determination for which enforcement 22 7 is sought has been vacated, stayed, or modified by a court 22 8 having jurisdiction to do so under article II. 22 9 (3) The respondent was entitled to notice, but notice was 22 10 not given in accordance with the standards of section 22 11 598B.108, in the proceedings before the court that issued the 22 12 order for which enforcement is sought. 22 13 b. The child-custody determination for which enforcement 22 14 is sought was registered and confirmed under section 598B.305, 22 15 but has been vacated, stayed, or modified by a court of a 22 16 state having jurisdiction to do so under article II. 22 17 Sec. 31. NEW SECTION. 598B.309 SERVICE OF PETITION AND 22 18 ORDER. 22 19 Except as otherwise provided in section 598B.311, the 22 20 petition and order must be served, by any method authorized by 22 21 the law of this state, upon respondent and any person who has 22 22 physical custody of the child. 22 23 Sec. 32. NEW SECTION. 598B.310 HEARING AND ORDER. 22 24 1. Unless the court issues a temporary emergency order 22 25 pursuant to section 598B.204, upon a finding that a petitioner 22 26 is entitled to immediate physical custody of the child, the 22 27 court shall order that the petitioner may take immediate 22 28 physical custody of the child unless the respondent 22 29 establishes that any of the following applies: 22 30 a. The child-custody determination has not been registered 22 31 and confirmed under section 598B.305, and that any of the 22 32 following applies: 22 33 (1) The issuing court did not have jurisdiction under 22 34 article II. 22 35 (2) The child-custody determination for which enforcement 23 1 is sought has been vacated, stayed, or modified by a court of 23 2 a state having jurisdiction to do so under article II. 23 3 (3) The respondent was entitled to notice, but notice was 23 4 not given in accordance with the standards of section 23 5 598B.108, in the proceedings before the court that issued the 23 6 order for which enforcement is sought. 23 7 b. The child-custody determination for which enforcement 23 8 is sought was registered and confirmed under section 598B.305, 23 9 but has been vacated, stayed, or modified by a court of a 23 10 state having jurisdiction to do so under article II. 23 11 2. The court shall award the fees, costs, and expenses 23 12 authorized under section 598B.312, and may grant additional 23 13 relief, including a request for the assistance of law 23 14 enforcement officials, and set a further hearing to determine 23 15 whether additional relief is appropriate. 23 16 3. If a party called to testify refuses to answer on the 23 17 ground that the testimony may be self-incriminating, the court 23 18 may draw an adverse inference from the refusal. 23 19 4. A privilege against disclosure of communications 23 20 between spouses and a defense of immunity based on the 23 21 relationship of husband and wife or parent and child shall not 23 22 be invoked in a proceeding under this article. 23 23 Sec. 33. NEW SECTION. 598B.311 WARRANT TO TAKE PHYSICAL 23 24 CUSTODY OF CHILD. 23 25 1. Upon the filing of a petition seeking enforcement of a 23 26 child-custody determination, the petitioner may file a 23 27 verified application for the issuance of a warrant to take 23 28 physical custody of the child if the child is imminently 23 29 likely to suffer serious physical harm or be removed from this 23 30 state. 23 31 2. If the court, upon the testimony of the petitioner or 23 32 other witness, finds that the child is imminently likely to 23 33 suffer serious physical harm or be removed from this state, it 23 34 may issue a warrant to take physical custody of the child. 23 35 The petition must be heard on the next judicial day after the 24 1 warrant is executed unless that date is impossible. In that 24 2 event, the court shall hold the hearing on the first judicial 24 3 day possible. The application for the warrant must include 24 4 the statements required by section 598B.308, subsection 2. 24 5 3. A warrant to take physical custody of a child must 24 6 provide all of the following: 24 7 a. Recite the facts upon which a conclusion of imminent 24 8 serious physical harm or removal from the jurisdiction is 24 9 based. 24 10 b. Direct law enforcement officers to take physical 24 11 custody of the child immediately. 24 12 c. Provide for the placement of the child pending final 24 13 relief. 24 14 4. The respondent must be served with the petition, 24 15 warrant, and order immediately after the child is taken into 24 16 physical custody. 24 17 5. A warrant to take physical custody of a child is 24 18 enforceable throughout this state. If the court finds on the 24 19 basis of the testimony of the petitioner or other witness that 24 20 a less intrusive remedy is not effective, it may authorize law 24 21 enforcement officers to enter private property to take 24 22 physical custody of the child. If required by exigent 24 23 circumstances of the case, the court may authorize law 24 24 enforcement officers to make a forcible entry at any hour. 24 25 6. The court may impose conditions upon placement of a 24 26 child to ensure the appearance of the child and the child's 24 27 custodian. 24 28 Sec. 34. NEW SECTION. 598B.312 COSTS, FEES, AND 24 29 EXPENSES. 24 30 1. The court shall award the prevailing party, including a 24 31 state, necessary and reasonable expenses incurred by or on 24 32 behalf of the party, including costs, communication expenses, 24 33 attorney fees, investigative fees, expenses for witnesses, 24 34 travel expenses, and child care during the course of the 24 35 proceedings, unless the party from whom fees or expenses are 25 1 sought establishes that the award would be clearly 25 2 inappropriate. 25 3 2. The court shall not assess fees, costs, or expenses 25 4 against a state unless authorized by law other than this 25 5 chapter. 25 6 Sec. 35. NEW SECTION. 598B.313 RECOGNITION AND 25 7 ENFORCEMENT. 25 8 A court of this state shall accord full faith and credit to 25 9 an order issued by another state and consistent with this 25 10 chapter which enforces a child-custody determination by a 25 11 court of another state unless the order has been vacated, 25 12 stayed, or modified by a court having jurisdiction to do so 25 13 under article II. 25 14 Sec. 36. NEW SECTION. 598B.314 APPEALS. 25 15 An appeal may be taken from a final order in a proceeding 25 16 under this article in accordance with expedited appellate 25 17 procedures in other civil cases. Unless the court enters a 25 18 temporary emergency order under section 598B.204, the 25 19 enforcing court shall not stay an order enforcing a child- 25 20 custody determination pending appeal. 25 21 Sec. 37. NEW SECTION. 598B.315 ROLE OF PROSECUTOR. 25 22 1. In a case arising under this chapter or involving the 25 23 Hague convention on the civil aspects of international child 25 24 abduction, the prosecutor may take any lawful action, 25 25 including resort to a proceeding under this article or any 25 26 other available civil proceeding to locate a child, obtain the 25 27 return of a child, or enforce a child-custody determination if 25 28 there is any of the following: 25 29 a. An existing child-custody determination. 25 30 b. A request to do so from a court in a pending child- 25 31 custody proceeding. 25 32 c. A reasonable belief that a criminal statute has been 25 33 violated. 25 34 d. A reasonable belief that the child has been wrongfully 25 35 removed or retained in violation of the Hague convention on 26 1 the civil aspects of international child abduction. 26 2 2. A prosecutor acting under this section acts on behalf 26 3 of the court and shall not represent any party. 26 4 Sec. 38. NEW SECTION. 598B.316 ROLE OF LAW ENFORCEMENT. 26 5 At the request of a prosecutor acting under 598B.315, a law 26 6 enforcement officer may take any lawful action reasonably 26 7 necessary to locate a child or a party and assist a prosecutor 26 8 with responsibilities under section 598B.315. 26 9 Sec. 39. NEW SECTION. 598B.317 COSTS AND EXPENSES. 26 10 If the respondent is not the prevailing party, the court 26 11 may assess against the respondent all direct expenses and 26 12 costs incurred by the prosecutor and law enforcement officers 26 13 under section 598B.315 or 598B.316. 26 14 ARTICLE IV 26 15 MISCELLANEOUS PROVISIONS 26 16 Sec. 40. NEW SECTION. 598B.401 APPLICATION AND 26 17 CONSTRUCTION. 26 18 In applying and construing this uniform Act, consideration 26 19 must be given to the need to promote uniformity of the law 26 20 with respect to its subject matter among states that enact it. 26 21 Sec. 41. NEW SECTION. 598B.402 TRANSITIONAL PROVISION. 26 22 A motion or other request for relief made in a child- 26 23 custody proceeding or to enforce a child-custody determination 26 24 which was commenced before the effective date of this Act, is 26 25 governed by the law in effect at the time the motion or other 26 26 request was made. 26 27 Sec. 42. Section 232.3, subsection 1, Code 1999, is 26 28 amended to read as follows: 26 29 1. During the pendency of an action under this chapter, a 26 30 party to the action is estopped from litigating concurrently 26 31 the custody, guardianship, or placement of a child who is the 26 32 subject of the action, in a court other than the juvenile 26 33 court. A district judge, district associate judge, 26 34 magistrate, or judicial hospitalization referee, upon notice 26 35 of the pendency of an action under this chapter, shall not 27 1 issue an order, finding, or decision relating to the custody, 27 2 guardianship, or placement of the child who is the subject of 27 3 the action, under any law, including but not limited to 27 4 chapter 598,598A598B, or 633. 27 5 Sec. 43. Section 597.15, unnumbered paragraph 1, Code 27 6 1999, is amended to read as follows: 27 7 If one spouse abandons the other spouse, the abandoned 27 8 spouse is entitled to the custody of the minor children, 27 9 unless the district court, upon application for that purpose, 27 10 otherwise directs, or unless a custody decree is entered in 27 11 accordance with chapter598A598B. In this section "abandon" 27 12 does not include: 27 13 Sec. 44. Section 598.21, subsection 6, Code 1999, is 27 14 amended to read as follows: 27 15 6. The court may provide for joint custody of the children 27 16 by the parties pursuant to section 598.41. All orders 27 17 relating to custody of a child are subject to chapter598A27 18 598B. 27 19 Sec. 45. Section 598.21, subsection 8, unnumbered 27 20 paragraph 2, Code 1999, is amended to read as follows: 27 21 Unless otherwise provided pursuant to 28 U.S.C. } 1738B, a 27 22 modification of a support order entered under chapter 234, 27 23 252A, 252C, 600B, this chapter, or any other support chapter 27 24 or proceeding between parties to the order is void unless the 27 25 modification is approved by the court, after proper notice and 27 26 opportunity to be heard is given to all parties to the order, 27 27 and entered as an order of the court. If support payments 27 28 have been assigned to the department of human services 27 29 pursuant to section 234.39, 239B.6, or 252E.11, or if services 27 30 are being provided pursuant to chapter 252B, the department is 27 31 a party to the support order. Modifications of orders 27 32 pertaining to child custody shall be made pursuant to chapter 27 33598A598B. If the petition for a modification of an order 27 34 pertaining to child custody asks either for joint custody or 27 35 that joint custody be modified to an award of sole custody, 28 1 the modification, if any, shall be made pursuant to section 28 2 598.41. 28 3 Sec. 46. Section 602.8102, subsection 85, Code 1999, is 28 4 amended to read as follows: 28 5 85. Carry out duties relating to the custody of children 28 6 as provided in chapter598A598B. 28 7 Sec. 47. Chapter 598A, Code 1999, is repealed. 28 8 28 9 28 10 28 11 MARY E. KRAMER 28 12 President of the Senate 28 13 28 14 28 15 28 16 RON J. CORBETT 28 17 Speaker of the House 28 18 28 19 I hereby certify that this bill originated in the Senate and 28 20 is known as Senate File 367, Seventy-eighth General Assembly. 28 21 28 22 28 23 28 24 MICHAEL E. MARSHALL 28 25 Secretary of the Senate 28 26 Approved , 1999 28 27 28 28 28 29 28 30 THOMAS J. VILSACK 28 31 Governor
Text: SF00366 Text: SF00368 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00367/990422.html
jhf