Title 32, DOMESTIC RELATIONS

32-11-101. Short title. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

32-11-102. Definitions. In this chapter: (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has not attained eighteen (18) years of age. (c) "Child custody determination" means a judgment, decree, or …

32-11-103. Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

32-11-104. Application to Indian tribes. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian child welfare act.

32-11-105. International application of chapter. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter. (b) Except as otherwise provided in subsection (c) of this section, a chi…

32-11-106. Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 32-11-108…

32-11-107. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

32-11-108. Notice to persons outside state. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice…

32-11-109. Appearance and limited immunity. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state fo…

32-11-110. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate…

32-11-111. Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or othe…

32-11-112. Cooperation between courts — Preservation of records. (a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that a…

32-11-201. Initial child custody jurisdiction. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commen…

32-11-202. Exclusive, continuing jurisdiction. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state which has made a child custody determination consistent with section 32-11-201 or 32-11-203, Idaho Code, has exclusive, continuing jurisdiction …

32-11-203. Jurisdiction to modify determination. Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial det…

32-11-204. Temporary emergency jurisdiction. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of …

32-11-205. Notice — Opportunity to be heard — Joinder. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 32-11-108, Idaho Code, must be given to all persons entitled to notice und…

32-11-206. Simultaneous proceedings. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not exercise its jurisdiction under part 2 of this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody …

32-11-207. Inconvenient forum. (a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court…

32-11-208. Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in section 32-11-204, Idaho Code, or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in…

32-11-209. Information to be submitted to court. (a) In a child custody proceeding each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the…

32-11-210. Appearance of parties and child. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and …

32-11-302. Enforcement under Hague Convention. Under this chapter a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination.

32-11-303. Duty to enforce. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumsta…

32-11-304. Temporary visitation. (a) A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child cust…

32-11-305. 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 office of the clerk of any district court in thi…

32-11-306. Enforcement of registered determination. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and en…

32-11-307. Simultaneous proceedings. If a proceeding for enforcement under part 3 of this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the …

32-11-308. Expedited enforcement of child custody determination. (a) A petition under part 3 of 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 cop…

32-11-309. Service of petition and order. Except as otherwise provided in section 32-11-311, Idaho Code, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

32-11-310. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 32-11-204, Idaho 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 p…

32-11-311. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immedia…

32-11-312. Costs — Fees — Expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, tr…

32-11-313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed…

32-11-314. Appeals. An appeal may be taken from a final order in a proceeding under this chapter. The court shall make every effort to expedite the appeal. Unless the court enters a temporary emergency order under section 32-11-204, Idaho Code, the enforcing court may not stay an…

32-11-315. Role of county prosecuting attorney. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under thi…

32-11-316. Role of law enforcement. At the request of the county prosecuting attorney acting under section 32-11-315, Idaho Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the county prosecuting attorney with…

32-11-317. Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the county prosecuting attorney and law enforcement officers under section 32-11-315 or 32-11-316, Idaho Code.

32-11-401. Application and construction. In applying and construing this chapter, otherwise known as the uniform child custody jurisdiction and enforcement act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among state…

32-11-402. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or applicatio…

32-11-405. Transitional provision. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this chapter as the uniform child custody jurisdiction and enforcement act is go…