§43-551-101. Short title. SHORT TITLE This act may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act". Added by Laws 1998, c. 407, § 1, eff. Nov. 1, 1998.
§43-551-102. Definitions. DEFINITIONS In this act: 1. "Abandoned" means left without provision for reasonable and necessary care or supervision; 2. "Child" means an individual who has not attained eighteen (18) years of age; 3. "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical
custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual; 4. "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3 of this act; 5. "Commencement" means the filing of the first pleading in a proceeding; 6. "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination; 7. "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with the parent or person acting as a parent. A period of temporary absence of the parent or person acting as a parent is part of the period; 8. "Initial determination" means the first child custody determination concerning a particular child; 9. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this act; 10. "Issuing state" means the state in which a child custody determination is made; 11. "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination; 12. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, including any governmental subdivision, agency, instrumentality, or public corporation, or any other legal or commercial entity; 13. "Person acting as a parent" means a person, other than a parent, who: a. has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding, and
b. has been awarded legal custody by a court or claims a right to legal custody under the law of this state; 14. "Physical custody" means the physical care and supervision of a child; 15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; 16. "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state; and 17. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. Added by Laws 1998, c. 407, § 2, eff. Nov. 1, 1998.
§43-551-103. Proceedings governed by other law. PROCEEDINGS GOVERNED BY OTHER LAW This act does not apply to an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Added by Laws 1998, c. 407, § 3, eff. Nov. 1, 1998.
§43-551-104. Application to Indian tribes. APPLICATION TO INDIAN TRIBES. A. A child custody proceeding that pertains to an Indian child as defined in the Oklahoma Indian Child Welfare Act, is not subject to this act to the extent that it is governed by the Oklahoma Indian Child Welfare Act. B. A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying Articles 1 and 2 of this act. C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under Article 3 of this act. Added by Laws 1998, c. 407, § 4, eff. Nov. 1, 1998.
§43-551-105. International application of act. INTERNATIONAL APPLICATION OF ACT A. A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying Articles 1 and 2 of this act. B. Except as otherwise provided in subsection C of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under Article 3 of this act.
C. A court of this state need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights. Added by Laws 1998, c. 407, § 5, eff. Nov. 1, 1998.
§43-551-106. Effect of child custody determination. EFFECT OF CHILD CUSTODY DETERMINATION A child custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 8 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Added by Laws 1998, c. 407, § 6, eff. Nov. 1, 1998.
§43-551-107. Priority. PRIORITY If a question of existence or exercise of jurisdiction under this act is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the court's calendar and handled expeditiously. Added by Laws 1998, c. 407, § 7, eff. Nov. 1, 1998.
§43-551-108. Notice to persons outside state. NOTICE TO PERSONS OUTSIDE STATE A. Notice required for the exercise of jurisdiction when a person is outside this state may be given in the manner provided in Section 2004 of Title 12 of the Oklahoma Statutes or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. B. Proof of service may be made in the manner provided in Section 2004 of Title 12 of the Oklahoma Statutes or by the law of the state in which the service is made. C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. Added by Laws 1998, c. 407, § 8, eff. Nov. 1, 1998.
§43-551-109. Appearance and limited immunity. 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 for another proceeding or purpose solely by reason of having participated, or
having been physically present for the purpose of participating, in the proceeding. B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. C. The immunity granted by subsection A of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this act committed by an individual while present in this state. Added by Laws 1998, c. 407, § 9, eff. Nov. 1, 1998.
§43-551-110. Communication between courts. COMMUNICATION BETWEEN COURTS A. A court of this state may communicate with a court in another state concerning a proceeding arising under this act. B. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. C. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. D. Except as otherwise provided in subsection C of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. E. For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Added by Laws 1998, c. 407, § 10, eff. Nov. 1, 1998.
§43-551-111. Taking testimony in another state. 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 other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. B. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with
courts of other states in designating an appropriate location for the deposition or testimony. C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. Added by Laws 1998, c. 407, § 11, eff. Nov. 1, 1998.
§43-551-112. Cooperation between courts; preservation of records. 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 an evaluation be made with respect to the custody of a child involved in a pending proceeding; 4. Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and 5. Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. B. Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection A of this section. C. Travel and other necessary and reasonable expenses incurred under subsections A and B of this section may be assessed against the parties according to the laws of this state. D. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. Added by Laws 1998, c. 407, § 12, eff. Nov. 1, 1998.
§43-551-201. Initial child custody jurisdiction. INITIAL CHILD CUSTODY JURISDICTION A. Except as otherwise provided in Section 16 of this act, 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 commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and
the child is absent from this state, but a parent or person acting as a parent continues to live in this state; 2. A court of another state does not have jurisdiction under paragraph 1 of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 19 or 20 of this act, and: a. the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence, and b. substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; 3. All courts having jurisdiction under paragraph 1 or 2 of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 19 or 20 of this act; or 4. No court of any other state would have jurisdiction under the criteria specified in paragraph 1, 2, or 3 of this subsection. B. Subsection A of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. C. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. Added by Laws 1998, c. 407, § 13, eff. Nov. 1, 1998.
§43-551-202. Exclusive, continuing jurisdiction. EXCLUSIVE, CONTINUING JURISDICTION A. Except as otherwise provided in Section 16 of this act, a court of this state which has made a child custody determination consistent with Section 13 or 15 of this act has exclusive, continuing jurisdiction over the determination until: 1. A court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or 2. A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. B. A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has
jurisdiction to make an initial determination under Section 13 of this act. Added by Laws 1998, c. 407, § 14, eff. Nov. 1, 1998.
§43-551-203. Jurisdiction to modify determination. JURISDICTION TO MODIFY DETERMINATION Except as otherwise provided in Section 16 of this act, 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 determination under paragraph 1 or 2 of subsection A of Section 13 of this act and: 1. The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 14 of this act or that a court of this state would be a more convenient forum under Section 19 of this act; or 2. A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. Added by Laws 1998, c. 407, § 15, eff. Nov. 1, 1998.
§43-551-204. Temporary emergency jurisdiction. 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 the child, is subjected to or threatened with mistreatment or abuse. B. If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 13 through 15 of this act, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 13 through 15 of this act. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 13 through 15 of this act, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. C. If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 13 through 15 of this act, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 13 through 15 of this act. The order
issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. D. A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 13 through 15 of this act, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 13 through 15 of this act, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. Added by Laws 1998, c. 407, § 16, eff. Nov. 1, 1998.
§43-551-205. Notice; opportunity to be heard; joinder. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER A. Before a child custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of Section 8 of this act must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. B. This act does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this act are governed by the law of this state as in child custody proceedings between residents of this state. Added by Laws 1998, c. 407, § 17, eff. Nov. 1, 1998.
§43-551-206. Simultaneous proceedings. SIMULTANEOUS PROCEEDINGS A. Except as otherwise provided in Section 16 of this act, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 19 of this act.
B. Except as otherwise provided in Section 16 of this act, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 21 of this act. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. C. In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may: 1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; 2. Enjoin the parties from continuing with the proceeding for enforcement; or 3. Proceed with the modification under conditions it considers appropriate. Added by Laws 1998, c. 407, § 18, eff. Nov. 1, 1998.
§43-551-207. Inconvenient forum. INCONVENIENT FORUM A. A court of this state which has jurisdiction under this act 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 of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion, or request of another court. B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: 1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; 2. The length of time the child has resided outside this state; 3. The distance between the court in this state and the court in the state that would assume jurisdiction; 4. The relative financial circumstances of the parties;
5. Any agreement of the parties as to which state should assume jurisdiction; 6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; 7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and 8. The familiarity of the court of each state with the facts and issues in the pending litigation. C. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. D. A court of this state may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. Added by Laws 1998, c. 407, § 19, eff. Nov. 1, 1998.
§43-551-208. Jurisdiction declined by reason of conduct. JURISDICTION DECLINED BY REASON OF CONDUCT A. Except as otherwise provided in Section 16 of this act or by another law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: 1. The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; 2. A court of the state otherwise having jurisdiction under Sections 13 through 15 of this act determines that this state is a more appropriate forum under Section 19 of this act; or 3. No court of any other state would have jurisdiction under the criteria specified in Sections 13 through 15 of this act. B. If a court of this state declines to exercise its jurisdiction pursuant to subsection A of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 13 through 15 of this act. C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this act. Added by Laws 1998, c. 407, § 20, eff. Nov. 1, 1998.
§43-551-209. Information to be submitted to court. 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 child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: 1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any; 2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and 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; and 3. Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. B. If the information required by subsection A of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. C. If the declaration as to any of the items described in paragraphs 1 through 3 of subsection A of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. E. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be
made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. Added by Laws 1998, c. 407, § 21, eff. Nov. 1, 1998.
§43-551-210. Appearance of parties and child. 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 who has physical custody or control of the child to appear in person with the child. B. If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 8 of this act include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. D. If a party to a child custody proceeding who is outside this state is directed to appear under subsection B of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. Added by Laws 1998, c. 407, § 22, eff. Nov. 1, 1998.
§43-551-301. Definitions. DEFINITIONS In this article: 1. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. 2. "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. Added by Laws 1998, c. 407, § 23, eff. Nov. 1, 1998.
§43-551-302. Enforcement under Hague Convention. ENFORCEMENT UNDER HAGUE CONVENTION Under this article 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. Added by Laws 1998, c. 407, § 24, eff. Nov. 1, 1998.
§43-551-303. Duty to enforce. 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 act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination has not been modified in accordance with this act. B. A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination. Added by Laws 1998, c. 407, § 25, eff. Nov. 1, 1998.
§43-551-304. Temporary visitation. 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 custody determination of another state that does not provide for a specific visitation schedule. B. If a court of this state makes an order under paragraph 2 of subsection A of this section, it shall specify in the order a period of time that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2 of this act. The order remains in effect until an order is obtained from the other court or the time period expires. Added by Laws 1998, c. 407, § 26, eff. Nov. 1, 1998.
§43-551-305. Registration of child custody determination. 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 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 in Section 21 of this act, 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 paragraph 3 subsection A of this section and provide them with an opportunity to contest the registration in accordance with this section. C. The notice required by paragraph 2 of subsection B 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 under Article 2 of this act; 2. The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of this act; or 3. The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Section 8 of this act, 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. Added by Laws 1998, c. 407, § 27, eff. Nov. 1, 1998.
§43-551-306. Enforcement of registered determination. ENFORCEMENT OF REGISTERED DETERMINATION A. A court of this state may grant any relief normally available under the laws 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 enforce, but may not modify, except in accordance with Article 2 of this act, a registered child custody determination of a court of another state. Added by Laws 1998, c. 407, § 28, eff. Nov. 1, 1998.
§43-551-307. Simultaneous proceedings. SIMULTANEOUS PROCEEDINGS If a proceeding for enforcement under this article 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 determination under Article 2 of this act, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. Added by Laws 1998, c. 407, § 29, eff. Nov. 1, 1998.
§43-551-308. Expedited enforcement of child custody determination. EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION A. A petition under this article 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 act 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 attorney's 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 under Section 27 of this act, 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 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 will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under Section 34 of this act, 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 under Section 27 of this act and that: a. the issuing court did not have jurisdiction under Article 2 of this act, b. the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of this act, or c. the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 8 of this act, 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 under Section 27 of this act, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 of this act. Added by Laws 1998, c. 407, § 30, eff. Nov. 1, 1998.
§43-551-309. Service of petition and order. SERVICE OF PETITION AND ORDER Except as otherwise provided in Section 33 of this act, the petition and order shall be served upon the respondent and any
person who has physical custody of the child in the manner provided in Section 2004 of Title 12 of the Oklahoma Statutes. Added by Laws 1998, c. 407, § 31, eff. Nov. 1, 1998.
§43-551-310. Hearing and order. HEARING AND ORDER A. Unless the court issues a temporary emergency order pursuant to Section 16 of this act, 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 physical custody of the child unless the respondent establishes that: 1. The child custody determination has not been registered and confirmed under Section 27 of this act and that: a. the issuing court did not have jurisdiction under Article 2 of this act, b. the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 of this act, or c. the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 8 of this act, 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 under Section 27 of this act, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 of this act. B. The court shall award the fees, costs, and expenses authorized under Section 34 of this act and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article. Added by Laws 1998, c. 407, § 32, eff. Nov. 1, 1998.
§43-551-311. Warrant to take physical custody of child. 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 imminently likely to suffer serious physical harm or be removed from this state. B. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection B of Section 30 of this act. C. A warrant to take physical custody of a child must: 1. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; 2. Direct law enforcement officers to take physical custody of the child immediately; and 3. Provide for the placement of the child pending final relief. D. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. E. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. F. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Added by Laws 1998, c. 407, § 33, eff. Nov. 1, 1998.
§43-551-312. Costs, fees, and expenses. COSTS, FEES, AND 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, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. B. The court may not assess fees, costs, or expenses against a state unless authorized by laws other than this act. Added by Laws 1998, c. 407, § 34, eff. Nov. 1, 1998.
§43-551-313. Recognition and enforcement. 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 act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of this act. Added by Laws 1998, c. 407, § 35, eff. Nov. 1, 1998.
§43-551-314. Appeals. APPEALS An appeal may be taken from a final order in a proceeding under this article in accordance with appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 16 of this act, the enforcing court may not stay an order enforcing a child custody determination pending appeal. Added by Laws 1998, c. 407, § 36, eff. Nov. 1, 1998.
§43-551-315. Role of district attorney. ROLE OF DISTRICT ATTORNEY A. In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resorting to a proceeding under this article or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is: 1. An existing child custody determination; 2. A request to do so from a court in a pending child custody proceeding; 3. A reasonable belief that a criminal statute has been violated; or 4. A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. B. A district attorney acting under this section acts on behalf of the court and may not represent any party. Added by Laws 1998, c. 407, § 37, eff. Nov. 1, 1998.
§43-551-316. Role of law enforcement. ROLE OF LAW ENFORCEMENT At the request of a district attorney acting under Section 37 of this act, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the district attorney with responsibilities under Section 37 of this act. Added by Laws 1998, c. 407, § 38, eff. Nov. 1, 1998.
§43-551-317. Costs and expenses. 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 district attorney and law enforcement officer under Section 37 or 38 of this act. Added by Laws 1998, c. 407, § 39, eff. Nov. 1, 1998.
§43-551-401. Application and construction. APPLICATION AND CONSTRUCTION In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 1998, c. 407, § 40, eff. Nov. 1, 1998.
§43-551-402. Transitional provision. 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 act is governed by the law in effect at the time the motion or other request was made. Added by Laws 1998, c. 407, § 41, eff. Nov. 1, 1998.
§43-561-101. Short title — Uniform Unregulated Child Custody Transfer Act. This act shall be known and may be cited as the “Uniform Unregulated Child Custody Transfer Act”. Added by Laws 2024, c. 83, § 1, eff. Nov. 1, 2024.
§43-561-102. Definitions. As used in this act: 1. “Child” means an unemancipated individual under eighteen (18) years of age; 2. “Child-placing agency” means a person with authority under the laws of this state to identify or place a child for adoption. Child-placing agency does not include a parent of the child; 3. “Custody” means the exercise of physical care and supervision of a child; 4. “Intercountry adoption” means an adoption or placement for adoption of a child who resides in a foreign country at the time of adoption or placement, which includes an adoption finalized in the child’s country of residence or in a state; 5. “Parent” means an individual recognized as a parent under the laws of this state; 6. “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity; 7. “Record” means information: a. inscribed on a tangible medium, or
b. stored in an electronic or other medium and retrievable in perceivable form; and 8. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States, including a federally recognized Indian tribe. Added by Laws 2024, c. 83, § 2, eff. Nov. 1, 2024.
§43-561-103. Indian children excluded. This act shall not apply to custody of an Indian child as defined in Section 4(4) of the Indian Child Welfare Act of 1978, 25 U.S.C. Section 1903(4), as amended, to the extent custody is governed by the Indian Child Welfare Act of 1978, 25 U.S.C. Sections 1901 through 1963, as amended. ARTICLE 2 – PROHIBITION OF UNREGULATED CUSTODY TRANSFER Added by Laws 2024, c. 83, § 3, eff. Nov. 1, 2024.
§43-561-201. Definitions. As used in this article: 1. “Guardian” means a person recognized as a guardian under the laws of this state; and 2. “Intermediary” means a person that assists or facilitates a transfer of custody of a child, regardless of whether the person receives compensation for such assistance or facilitation. Added by Laws 2024, c. 83, § 4, eff. Nov. 1, 2024.
§43-561-202. Custody transfers not applicable. The provisions of this article shall not apply to a transfer of custody of a child by a parent or guardian of the child to: 1. A parent of the child; 2. A stepparent of the child; 3. An adult who is related to the child by blood, marriage, adoption, or other relationship recognized by the laws of this state; 4. An adult who, at the time of the transfer, had a close relationship with the child or the parent or guardian of the child for a substantial period, and whom the parent or guardian reasonably believes, at the time of the transfer, to be a fit custodian of the child; 5. An Indian custodian, as defined in Section 4(6) of the Indian Child Welfare Act of 1978, 25 U.S.C. Section 1903(6), as amended, of the child; or 6. A member of the child’s customary family unit recognized by the child’s indigenous group under the laws of this state. Added by Laws 2024, c. 83, § 5, eff. Nov. 1, 2024.
§43-561-203. Intent to abandon rights and responsibilities to child. A. Except as provided in subsection B of this section, a parent or guardian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child. B. A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through: 1. Adoption or guardianship; 2. A judicial award of custody; 3. Placement by or through a child-placing agency; or 4. Any other judicial or tribal action. C. A person may not receive custody of a child or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates the requirements of subsection A of this section. Such prohibition does not apply if the person, as soon as practicable after the transfer, notifies the Department of Human Services or the appropriate law enforcement entity of the transfer, or takes appropriate action to establish custody under the requirements of subsection B of this section. D. A person in violation of this section shall, upon conviction, be guilty of a misdemeanor. E. Violation of subsection A of this section is not established solely because a parent or guardian who transfers custody of a child does not regain custody. Added by Laws 2024, c. 83, § 6, eff. Nov. 1, 2024.
§43-561-204. Potential violations — Home visit. A. If the Department of Human Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation of subsection A of Section 6 of this act, the Department may conduct a home visit and take appropriate action to protect the welfare of the child as authorized by law. B. If the Department conducts a home visit for a child adopted or placed through an intercountry adoption, the Department shall: 1. Prepare a report on the welfare and plan for permanent placement of the child; and 2. Provide a copy to the United States Department of State. C. The provisions of this act shall not be construed to prevent the Department from taking appropriate action under any other law of this state. Added by Laws 2024, c. 83, § 7, eff. Nov. 1, 2024.
§43-561-205. Prohibited solicitation or advertisement. A. A person shall not solicit or advertise to: 1. Identify a person to which to make a transfer of custody in violation of subsection A of Section 6 of this act; 2. Identify a child for a transfer of custody in violation of subsection C of Section 6 of this act; or 3. Act as an intermediary in a transfer of custody in violation of subsection C of Section 6 of this act. B. A person in violation of this section shall, upon conviction, be guilty of a misdemeanor. Added by Laws 2024, c. 83, § 8, eff. Nov. 1, 2024.
§43-561-401. Promotion of uniformity. In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Added by Laws 2024, c. 83, § 9, eff. Nov. 1, 2024.
§43-561-402. Construction with federal laws. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Section 7003(b). Added by Laws 2024, c. 83, § 10, eff. Nov. 1, 2024.
§43-571-101. Short title – Uniform Child Abduction Prevention Act. This act shall be known and may be cited as the "Uniform Child Abduction Prevention Act". Added by Laws 2025, c. 95, § 1, eff. Nov. 1, 2025.
§43-571-102. Definitions. As used in this act: 1. "Abduction" means the wrongful removal or wrongful retention of a child; 2. "Child" means an unemancipated individual who is less than eighteen (18) years of age; 3. "Child custody determination" means a judgment, decree, or other court order providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order; 4. "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, or protection from domestic violence; 5. "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination; 6. "Petition" includes a motion or its equivalent; 7. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; 8. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation; 9. "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa; 10. "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the laws of this state; and 11. "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the laws of this state. Added by Laws 2025, c. 95, § 2, eff. Nov. 1, 2025.
§43-571-103. Application of Uniform Child Custody Jurisdiction and Enforcement Act. The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Sections 551-110, 551-111, and 551- 112 of Title 43 of the Oklahoma Statutes shall apply to cooperation and communications among courts in proceedings under this act. Added by Laws 2025, c. 95, § 3, eff. Nov. 1, 2025.
§43-571-104. Methods to initiate prevention measures. A. A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child custody determination or another individual or entity having a right under the laws of this state or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this act. C. As authorized by Section 551-315 of Title 43 of the Oklahoma Statutes, a district attorney may seek a warrant to take physical custody of a child pursuant to Section 9 of this act, or to take other appropriate prevention measures. Added by Laws 2025, c. 95, § 4, eff. Nov. 1, 2025.
§43-571-105. Jurisdiction. A. A petition under this act may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Section 551-201 et seq. of Title 43 of the Oklahoma Statutes. B. A court of this state has temporary emergency jurisdiction under Section 551-204 of Title 43 of the Oklahoma Statutes if the court finds a credible risk of abduction. Added by Laws 2025, c. 95, § 5, eff. Nov. 1, 2025.
§43-571-106. Petition - Requirements. A petition under this act shall be verified and include a copy of any existing child custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of this act. Subject to subsection E of Section 551-209 of Title 43 of the Oklahoma Statutes, if reasonably ascertainable, the petition shall contain: 1. The name, date of birth, and gender of the child; 2. The customary address and current physical location of the child; 3. The identity, customary address, and current physical location of the respondent; 4. A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action; 5. A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and 6. Any other information required to be submitted to the court for a child custody determination pursuant to Section 551-209 of Title 43 of the Oklahoma Statutes. Added by Laws 2025, c. 95, § 6, eff. Nov. 1, 2025.
§43-571-107. Credible risk of abduction - Factors. A. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: 1. Has previously abducted or attempted to abduct the child; 2. Has threatened to abduct the child; 3. Has recently engaged in activities that may indicate a planned abduction, including, but not limited to: a. abandoning employment, b. selling a primary residence,
c. terminating a lease, d. closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities, e. applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child, or f. seeking to obtain the child's birth certificate or school or medical records; 4. Has engaged in domestic violence, stalking, or child abuse or neglect; 5. Has refused to follow a child custody determination; 6. Lacks strong familial, financial, emotional, or cultural ties to the state or the United States; 7. Has strong familial, financial, emotional, or cultural ties to another state or country; 8. Is likely to take the child to a country that: a. is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child, b. is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (1) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country, (2) is noncompliant according to the most recent compliance report issued by the United States Department of State, or (3) lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction, c. poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, d. has laws or practices that would: (1) enable the respondent, without due cause, to prevent the petitioner from contacting the child, (2) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion, or
(3) restrict the child's ability to legally leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion, e. is included by the United States Department of State on a current list of state sponsors of terrorism, f. does not have an official United States diplomatic presence in the country, or g. is engaged in active military action or war, including a civil war, to which the child may be exposed; 9. Is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally; 10. Has had an application for United States citizenship denied; 11. Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver license, or other government-issued identification card or has made a misrepresentation to the United States government; 12. Has used multiple names to attempt to mislead or defraud; or 13. Has engaged in any other conduct the court considers relevant to the risk of abduction. B. In the hearing on a petition under this act, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child. Added by Laws 2025, c. 95, § 7, eff. Nov. 1, 2025.
§43-571-108. Court order – Requirements – Custody or visitation conditions – Warrant for physical custody. A. If a petition is filed under this act, the court may enter an order that shall include: 1. The basis for the court's exercise of jurisdiction; 2. The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; 3. A detailed description of each party's custody and visitation rights and residential arrangements for the child; 4. A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and 5. Identification of the child's country of habitual residence at the time of the issuance of the order. B. If, at a hearing on a petition under this act or on the court's own motion, the court after reviewing the evidence finds a
credible risk of abduction of the child, the court shall enter an abduction prevention order. The order shall include the provisions required by subsection A of this section and measures and conditions, including provisions in subsections C, D, and E of this section, that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect. C. An abduction prevention order may include one or more of the following: 1. An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: a. the travel itinerary of the child, b. a list of physical addresses and telephone numbers at which the child can be reached at specified times, and c. copies of all travel documents; 2. A prohibition of the respondent directly or indirectly: a. removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent, b. removing or retaining the child in violation of a child custody determination, c. removing the child from school or a child-care or similar facility, or d. approaching the child at any location other than a site designated for supervised visitation; 3. A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state; 4. With regard to the child's passport: a. a direction that the petitioner place the child's name in the United States Department of State's Child Passport Issuance Alert Program, b. a requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child, and c. a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa; 5. As a prerequisite to exercising custody or visitation, a requirement that the respondent provide:
a. to the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child, b. to the court: (1) proof that the respondent has provided the information in subparagraph a of paragraph 5 of subsection C of this section, and (2) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child, c. to the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects, and d. a written waiver under the Privacy Act, Section 552a of Title 5 of the United States Code, as amended, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and 6. Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States. D. In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that: 1. Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision; 2. Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney fees and costs if there is an abduction; and 3. Require the respondent to obtain education on the potentially harmful effects to the child from abduction. E. To prevent imminent abduction of a child, a court may: 1. Issue a warrant to take physical custody of the child under Section 9 of this act or the laws of this state other than this act;
2. Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this act or the laws of this state other than this act; or 3. Grant any other relief allowed under the laws of this state other than this act. F. The remedies provided in this act are cumulative and do not affect the availability of other remedies to prevent abduction. Added by Laws 2025, c. 95, § 8, eff. Nov. 1, 2025.
§43-571-109. Ex parte warrant for physical custody. A. If a petition under this act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. B. The respondent on a petition under subsection A of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In such event, the court shall hold the hearing on the first judicial day possible. C. An ex parte warrant under subsection A of this section to take physical custody of a child shall: 1. Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based; 2. Direct law enforcement officers to take physical custody of the child immediately; 3. State the date and time for the hearing on the petition; and 4. Provide for the safe interim placement of the child pending further order of the court. D. If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. E. The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody. F. A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour. G. If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection A of this section for
the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and expenses. H. This act does not affect the availability of relief allowed under the laws of this state other than this act. Added by Laws 2025, c. 95, § 9, eff. Nov. 1, 2025.
§43-571-110. Time limitations for abduction prevention order. An abduction prevention order remains in effect until the earliest of the: 1. Time stated in the order; 2. Emancipation of the child; 3. Child attaining eighteen (18) years of age; or 4. Time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 551-201, 551-202, and 551-203 of Title 43 of the Oklahoma Statutes or other applicable laws of this state. Added by Laws 2025, c. 95, § 10, eff. Nov. 1, 2025.
§43-571-111. Application and construction of act. In applying and construing the Uniform Child Abduction Prevention Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2025, c. 95, § 11, eff. Nov. 1, 2025.
§43-571-112. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, Section 7001, et seq. of Title 15 of the United States Code, but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C., Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C., Section 7003(b). Added by Laws 2025, c. 95, § 12, eff. Nov. 1, 2025.
§43-601-100. Repealed by Laws 2015, c. 104, § 67, eff. Nov. 1, 2015.
§43-601-101. Short title - Uniform Interstate Family Support Act. This act may be cited as the "Uniform Interstate Family Support Act". Added by Laws 1994, c. 160, § 2, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 1, eff. Sept. 1, 1997; Laws 2004, c. 367, § 1, eff. Nov. 1, 2004; Laws 2015, c. 104, § 1, eff. Nov. 1, 2015.
§43-601-102. Definitions
In this act: 1. "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent; 2. "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country; 3. "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007; 4. "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support; 5. "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: a. which has been declared under the law of the United States to be a foreign reciprocating country, b. which has established a reciprocal arrangement for child support with this state as provided in Section 601-308 of this title, c. which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this act, or d. in which the Convention is in force with respect to the United States; 6. "Foreign support order" means a support order of a foreign tribunal; 7. "Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention; 8. "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period; 9. "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state;
10. "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor; 11. "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country; 12. "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child; 13. "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child; 14. "Issuing tribunal" means the tribunal that issues a support order or a judgment determining parentage of a child; 15. "Law" includes decisional and statutory law and rules and regulations having the force of law; 16. "Obligee" means: a. an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued, b. a foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support, c. an individual seeking a judgment determining parentage of the individual's child, or d. a person that is a creditor in a proceeding under Article 7; 17. "Obligor" means an individual or the estate of a decedent that: a. owes or is alleged to owe a duty of support, b. is alleged but has not been adjudicated to be a parent of a child, c. is liable under a support order, or d. is a debtor in a proceeding under Article 7; 18. "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country; 19. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity;
20. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; 21. "Register" means to record or file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country; 22. "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered; 23. "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country; 24. "Responding tribunal" means the authorized tribunal in a responding state or foreign country; 25. "Spousal support order" means a support order for a spouse or former spouse of the obligor; 26. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe; 27. "Support enforcement agency" means a public official, governmental entity, or private agency authorized to: a. seek enforcement of support orders or laws relating to the duty of support, b. seek establishment or modification of child support, c. request determination of parentage of a child, d. attempt to locate obligors or their assets, or e. request determination of the controlling child support order; 28. "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief; and 29. "Tribunal" means a court, administrative agency, or quasi- judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. Added by Laws 1994, c. 160, § 3, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 2, eff. Nov. 1, 2015; Laws 2016, c. 148, § 1, eff. Nov. 1, 2016.
§43-601-103. Tribunals and support enforcement agency.
A. The district court and the Department of Human Services are the tribunals of this state. B. The Department of Human Services, Child Support Services, is the support enforcement agency of this state. Added by Laws 1994, c. 160, § 4, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 2, eff. Nov. 1, 2004; Laws 2015, c. 104, § 3, eff. Nov. 1, 2015.
§43-601-104. Remedies cumulative. A. Remedies provided by this act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. B. This act does not: 1. Provide the exclusive method of establishing or enforcing a support order under the laws of this state; or 2. Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this act. Added by Laws 2015, c. 104, § 4, eff. Nov. 1, 2015.
§43-601-105. Application to support proceedings. A. A tribunal of this state shall apply Articles 1 through 6 of this title and, as applicable, Article 7 of this title, to a support proceeding involving: 1. A foreign support order; 2. A foreign tribunal; or 3. An obligee, obligor or child residing in a foreign country. B. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6 of this title. C. Article 7 of this title applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls. Added by Laws 2015, c. 104, § 5, eff. Nov. 1, 2015.
§43-601-201. Bases for jurisdiction over nonresident A. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: 1. The individual is personally served with summons within this state; 2. The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing
a responsive document having the effect of waiving any contest to personal jurisdiction; 3. The individual resided with the child in this state; 4. The individual resided in this state and provided prenatal expenses or support for the child; 5. The child resides in this state as a result of the acts or directives of the individual; 6. The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; 7. The individual asserted parentage of a child in the putative father registry maintained in this state by the Oklahoma Department of Human Services; or 8. There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. B. The bases of personal jurisdiction set forth in subsection A of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 601-611 of this title are met, or, in the case of a foreign support order, unless the requirements of Section 601-615 are met. Added by Laws 1994, c. 160, § 5, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 3, eff. Nov. 1, 2004; Laws 2015, c. 104, § 6, eff. Nov. 1, 2015; Laws 2016, c. 148, § 2, eff. Nov. 1, 2016.
§43-601-202. Duration of jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 601-205, 601-206, and 601-211 of this title. Added by Laws 1994, c. 160, § 6, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 4, eff. Nov. 1, 2004; Laws 2015, c. 104, § 7, eff. Nov. 1, 2015.
§43-601-203. Initiating and responding tribunal of this state. Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country. Added by Laws 1994, c. 160, § 7, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 8, eff. Nov. 1, 2015.
§43-601-204. Simultaneous proceedings in another state or foreign country
A. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: 1. The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; 2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and 3. If relevant, this state is the home state of the child. B. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if: 1. The petition or comparable pleading in the other state or a foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; 2. The contesting party timely challenges the exercise of jurisdiction in this state; and 3. If relevant, the other state or a foreign country is the home state of the child. Added by Laws 1994, c. 160, § 8, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 9, eff. Nov. 1, 2015; Laws 2016, c. 148, § 3, eff. Nov. 1, 2016.
§43-601-205. Continuing, exclusive jurisdiction - Controlling order A. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: 1. At the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or 2. Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. B. A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: 1. All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive jurisdiction; or 2. Its order is not the controlling order. C. If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to the Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. D. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. E. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. Added by Laws 1994, c. 160, § 9, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 2, eff. Sept. 1, 1997; Laws 2004, c. 367, § 5, eff. Nov. 1, 2004; Laws 2015, c. 104, § 10, eff. Nov. 1, 2015; Laws 2016, c. 148, § 4, eff. Nov. 1, 2016.
§43-601-206. Request for enforcement of order by tribunal of other state A. A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: 1. The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or 2. A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. Added by Laws 1994, c. 160, § 10, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 3, eff. Sept. 1, 1997; Laws 2004, c. 367, § 6, eff. Nov. 1, 2004; Laws 2015, c. 104, § 11, eff. Nov. 1, 2015; Laws 2016, c. 148, § 5, eff. Nov. 1, 2016.
§43-601-207. Determination of controlling order. A. If a proceeding is brought pursuant to the Uniform Interstate Family Support Act and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.
B. If a proceeding is brought pursuant to the Uniform Interstate Family Support Act, and two or more child support orders have been issued by tribunals of this state or another state or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: 1. If only one of the tribunals would have continuing, exclusive jurisdiction pursuant to the Uniform Interstate Family Support Act, the order of that tribunal control; 2. If more than one of the tribunals would have continuing, exclusive jurisdiction under this act: a. an order issued by a tribunal in the current home state of the child controls, or b. if an order has not been issued in the current home state of the child, the order most recently issued controls; and 3. If none of the tribunals would have continuing, exclusive jurisdiction pursuant to the Uniform Interstate Family Support Act, the tribunal of this state shall issue a child support order, which controls. C. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection B of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6 of this title, or may be filed as a separate proceeding. D. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. E. The tribunal that issued the controlling order under subsection A, B, or C of this section has continuing jurisdiction to the extent provided in Section 601-205 or 601-206 of this title. F. A tribunal of this state that determines by order which is the controlling order under paragraph 1 or 2 of subsection B or subsection C of this section, or that issues a new controlling order under paragraph 3 of subsection B of this section, shall state in that order: 1. The basis upon which the tribunal made its determination; 2. The amount of prospective support, if any; and
3. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 601-209 of this title. G. Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. H. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this act. Added by Laws 1994, c. 160, § 11, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 4, eff. Sept. 1, 1997; Laws 2004, c. 367, § 7, eff. Nov. 1, 2004; Laws 2015, c. 104, § 12, eff. Nov. 1, 2015.
§43-601-208. Child support orders for two or more obligees. In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state. Added by Laws 1994, c. 160, § 12, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 8, eff. Nov. 1, 2004; Laws 2015, c. 104, § 13, eff. Nov. 1, 2015.
§43-601-209. Credit for payments A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state or a foreign country. Added by Laws 1994, c. 160, § 13, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 9, eff. Nov. 1, 2004; Laws 2015, c. 104, § 14, eff. Nov. 1, 2015; Laws 2016, c. 148, § 6, eff. Nov. 1, 2016.
§43-601-210. Receipt of evidence from outside the state - Applicable law A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under the Uniform Interstate Family Support Act, under other law of this state relating to a support order or recognizing a foreign support order may receive evidence
from outside this state pursuant to Section 601-316 of this title, communicate with a tribunal outside this state pursuant to Section 601-317 of this title, and obtain discovery through a tribunal outside this state pursuant to Section 601-318 of this title. In all other respects, Articles 3 through 6 of this title do not apply and the tribunal shall apply the procedural and substantive law of this state. Added by Laws 2004, c. 367, § 10, eff. Nov. 1, 2004. Amended by Laws 2015, c. 104, § 15, eff. Nov. 1, 2015; Laws 2016, c. 148, § 7, eff. Nov. 1, 2016.
§43-601-211. Modification of spousal support order - Request for enforcement to tribunal of another state or foreign country A. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. B. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or a foreign country. C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: 1. An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or 2. A responding tribunal to enforce or modify its own spousal support order. Added by Laws 2004, c. 367, § 11, eff. Nov. 1, 2004. Amended by Laws 2015, c. 104, § 16, eff. Nov. 1, 2015.
§43-601-301. Proceedings under this act. A. Except as otherwise provided in this act, this article applies to all proceedings under this act. B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. Added by Laws 1994, c. 160, § 14, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 12, eff. Nov. 1, 2004; Laws 2015, c. 104, § 17, eff. Nov. 1, 2015.
§43-601-302. Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Added by Laws 1994, c. 160, § 15, eff. Sept. 1, 1994.
§43-601-303. Application of law of this state. Except as otherwise provided in this act, a responding tribunal of this state shall: 1. Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and 2. Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. Added by Laws 1994, c. 160, § 16, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 13, eff. Nov. 1, 2004.
§43-601-304. Duties of initiating tribunal A. Upon the filing of a petition authorized under this act, an initiating tribunal of this state shall forward the petition and its accompanying documents: 1. To the responding tribunal or appropriate support enforcement agency in the responding state; or 2. If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. Added by Laws 1994, c. 160, § 17, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 5, eff. Sept. 1, 1997; Laws 2004, c. 367, § 14, eff. Nov. 1, 2004; Laws 2015, c. 104, § 18, eff. Nov. 1, 2015; Laws 2016, c. 148, § 8, eff. Nov. 1, 2016.
§43-601-305. Duties and powers of responding tribunal. A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection B of Section 601-301 of this title, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. B. A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
1. Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child; 2. Order an obligor to comply with a support order, specifying the amount and the manner of compliance; 3. Order income withholding; 4. Determine the amount of any arrearages, and specify a method of payment; 5. Enforce orders by civil or criminal contempt, or both; 6. Set aside property for satisfaction of the support order; 7. Place liens and order execution on the obligor's property; 8. Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment; 9. Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants; 10. Order the obligor to seek appropriate employment by specified methods; 11. Award reasonable attorney's fees and other fees and costs; and 12. Grant any other available remedy. C. A responding tribunal of this state shall include in a support order issued pursuant to the Uniform Interstate Family Support Act, or in the documents accompanying the order, the calculations on which the support order is based. D. A responding tribunal of this state may not condition the payment of a support order issued under this act upon compliance by a party with provisions for visitation. E. If a responding tribunal of this state issues an order under this act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. F. If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. Added by Laws 1994, c. 160, § 18, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 6, eff. Sept. 1, 1997; Laws 2004, c. 367, § 15, eff. Nov. 1, 2004; Laws 2015, c. 104, § 19, eff. Nov. 1, 2015.
§43-601-306. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the
pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. Added by Laws 1994, c. 160, § 19, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 7, eff. Sept. 1, 1997; Laws 2004, c. 367, § 16, eff. Nov. 1, 2004.
§43-601-307. Duties of support enforcement agency A. A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under the Uniform Interstate Family Support Act. B. A support enforcement agency of this state that is providing services to the petitioner shall: 1. Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent; 2. Request an appropriate tribunal to set a date, time, and place for a hearing; 3. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; 4. Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; 5. Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and 6. Notify the petitioner if jurisdiction over the respondent cannot be obtained. C. A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: 1. To ensure that the order to be registered is the controlling order; or 2. If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. D. A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. E. A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and
an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 601-319 of this title. F. The Uniform Interstate Family Support Act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. Added by Laws 1994, c. 160, § 20, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 8, eff. Sept. 1, 1997; Laws 2004, c. 367, § 17, eff. Nov. 1, 2004; Laws 2015, c. 104, § 20, eff. Nov. 1, 2015; Laws 2016, c. 148, § 9, eff. Nov. 1, 2016.
§43-601-308. Powers of Attorney General. A. If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this act or may provide those services directly to the individual. B. The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. Added by Laws 1994, c. 160, § 21, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 18, eff. Nov. 1, 2004; Laws 2015, c. 104, § 21, eff. Nov. 1, 2015.
§43-601-309. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this act. Added by Laws 1994, c. 160, § 22, eff. Sept. 1, 1994.
§43-601-310. Duties of state information agency. A. The Child Support Enforcement Division of the Department of Human Services is the state information agency under this act. B. The state information agency shall: 1. Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; 2. Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; 3. Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this act received from another state or a foreign country; and
4. Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. Added by Laws 1994, c. 160, § 23, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 19, eff. Nov. 1, 2004; Laws 2015, c. 104, § 22, eff. Nov. 1, 2015.
§43-601-311. Petition - Contents and accompanying documents A. In a proceeding under the Uniform Interstate Family Support Act, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 601-312 of this title, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. B. The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. Added by Laws 1994, c. 160, § 24, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 20, eff. Nov. 1, 2004; Laws 2015, c. 104, § 23, eff. Nov. 1, 2015; Laws 2016, c. 148, § 10, eff. Nov. 1, 2016.
§43-601-312. Sealing of information. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by the disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Added by Laws 1994, c. 160, § 25, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 21, eff. Nov. 1, 2004; Laws 2015, c. 104, § 24, eff. Nov. 1, 2015.
§43-601-313. Costs and fees A. The petitioner may not be required to pay a filing fee or other costs. B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses. C. The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6 of this title, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. Added by Laws 1994, c. 160, § 26, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 22, eff. Nov. 1, 2004; Laws 2015, c. 104, § 25, eff. Nov. 1, 2015; Laws 2016, c. 148, § 11, eff. Nov. 1, 2016.
§43-601-314. Limited immunity of petitioner A. Participation by a petitioner in a proceeding under the Uniform Interstate Family Support Act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under the Uniform Interstate Family Support Act. C. The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under the Uniform Interstate Family Support Act committed by a party while physically present in this state to participate in the proceeding. Added by Laws 1994, c. 160, § 27, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 23, eff. Nov. 1, 2004; Laws 2016, c. 148, § 12, eff. Nov. 1, 2016.
§43-601-315. Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act. Added by Laws 1994, c. 160, § 28, eff. Sept. 1, 1994.
§43-601-316. Special rules of evidence and procedure A. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. B. An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state. C. A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. D. Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. E. Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. F. In a proceeding under this act, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. G. If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. H. A privilege against disclosure of communications between spouses does not apply in a proceeding under this act. I. The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this act. J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Added by Laws 1994, c. 160, § 29, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 24, eff. Nov. 1, 2004; Laws 2015, c. 104, § 26, eff. Nov. 1, 2015; Laws 2016, c. 148, § 13, eff. Nov. 1, 2016.
§43-601-317. Communications between tribunals A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state. Added by Laws 1994, c. 160, § 30, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 25, eff. Nov. 1, 2004; Laws 2015, c. 104, § 27, eff. Nov. 1, 2015; Laws 2016, c. 148, § 14, eff. Nov. 1, 2016.
§43-601-318. Assistance with discovery. A tribunal of this state may: 1. Request a tribunal outside this state to assist in obtaining discovery; and 2. Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. Added by Laws 1994, c. 160, § 31, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 28, eff. Nov. 1, 2015.
§43-601-319. Receipt and disbursement of payments - Payment to enforcement agency of another state or foreign country - Certified statement. A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. B. If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: 1. Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and 2. Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to
subsection B of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. Added by Laws 1994, c. 160, § 32, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 26, eff. Nov. 1, 2004; Laws 2015, c. 104, § 29, eff. Nov. 1, 2015.
§43-601-401. Petition to establish support order. A. If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state, with personal jurisdiction over the parties, may issue a support order if: 1. The individual seeking the order resides outside this state; or 2. The support enforcement agency seeking the order is located outside this state. B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: 1. A presumed father of the child; 2. Petitioning to have his paternity adjudicated; 3. Identified as the father of the child through genetic testing; 4. An alleged father who has declined to submit to genetic testing; 5. Shown by clear and convincing evidence to be the father of the child; 6. An acknowledged father as provided by Section 1-311.3 of Title 63 of the Oklahoma Statutes; 7. The mother of the child; or 8. An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. C. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 601-305 of this title. Added by Laws 1994, c. 160, § 33, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 27, eff. Nov. 1, 2004; Laws 2015, c. 104, § 30, eff. Nov. 1, 2015.
§43-601-402. Responding tribunal. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this act or a law or procedure substantially similar to this act. Added by Laws 2015, c. 104, § 31, eff. Nov. 1, 2015.
§43-601-501. Recognition of income-withholding order issued in another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Added by Laws 1994, c. 160, § 34, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 9, eff. Sept. 1, 1997; Laws 2004, c. 367, § 28, eff. Nov. 1, 2004; Laws 2015, c. 104, § 32, eff. Nov. 1, 2015.
§43-601-502. Employer obligations. A. Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. B. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. C. Except as otherwise provided in subsection D of this section and Section 601-503 of this title, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: 1. The duration and amount of periodic payments of current child support, stated as a sum certain; 2. The person designated to receive payments and the address to which the payments are to be forwarded; 3. Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment; 4. The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sum certain; and 5. The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. D. An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to: 1. The employer’s fee for processing an income-withholding order; 2. The maximum amount permitted to be withheld from the obligor’s income; and 3. The times within which the employer must implement the withholding order and forward the child support payment.
Added by Laws 1994, c. 160, § 35, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 10, eff. Sept. 1, 1997; Laws 2004, c. 367, § 29, eff. Nov. 1, 2004.
§43-601-503. Two or more income-withholding orders. If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees. Added by Laws 1997, c. 360, § 11, eff. Sept. 1, 1997. Amended by Laws 2004, c. 367, § 30, eff. Nov. 1, 2004; Laws 2015, c. 104, § 33, eff. Nov. 1, 2015.
§43-601-504. Employer's civil liability limited. An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. Added by Laws 1997, c. 360, § 12, eff. Sept. 1, 1997. Amended by Laws 2015, c. 104, § 34, eff. Nov. 1, 2015.
§43-601-505. Willful noncompliance An employer that willfully fails to comply with an income- withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. Added by Laws 1997, c. 360, § 13, eff. Sept. 1, 1997. Amended by Laws 2016, c. 148, § 15, eff. Nov. 1, 2016.
§43-601-506. Contest of order. A. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6 of this title, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. B. The obligor shall give notice of the contest to: 1. A support enforcement agency providing services to the obligee; 2. Each employer that has directly received an income- withholding order relating to the obligor; and 3. The person designated to receive payments in the income- withholding order or if no person is designated, to the obligee.
Added by Laws 1997, c. 360, § 14, eff. Sept. 1, 1997. Amended by Laws 2004, c. 367, § 31, eff. Nov. 1, 2004; Laws 2015, c. 104, § 35, eff. Nov. 1, 2015.
§43-601-507. Administrative enforcement of orders. A. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. B. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this act. Added by Laws 1997, c. 360, § 15, eff. Sept. 1, 1997. Amended by Laws 2004, c. 367, § 32, eff. Nov. 1, 2004; Laws 2015, c. 104, § 36, eff. Nov. 1, 2015.
§43-601-601. Registration of order for enforcement. A support order or an income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. Added by Laws 1994, c. 160, § 36, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 37, eff. Nov. 1, 2015.
§43-601-602. Procedure to register order for enforcement A. Except as otherwise provided in Section 601-706 of this title, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: 1. A letter of transmittal to the tribunal requesting registration and enforcement; 2. Two copies, including one certified copy, of the order to be registered, including any modification of the order; 3. A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; 4. The name of the obligor and, if known: a. the obligor's address and social security number, b. the name and address of the obligor's employer and any other source of income of the obligor, and
c. a description and the location of property of the obligor in this state not exempt from execution; and 5. Except as otherwise provided in Section 601-312 of this title, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. D. If two or more orders are in effect, the person requesting registration shall: 1. Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; 2. Specify the order alleged to be the controlling order, if any; and 3. Specify the amount of consolidated arrears, if any. E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. Added by Laws 1994, c. 160, § 37, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 33, eff. Nov. 1, 2004; Laws 2015, c. 104, § 38, eff. Nov. 1, 2015; Laws 2016, c. 148, § 16, eff. Nov. 1, 2016.
§43-601-603. Effect of registration for enforcement. A. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. B. A registered support order issued in another state or foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. C. Except as otherwise provided in this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. Added by Laws 1994, c. 160, § 38, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 39, eff. Nov. 1, 2015.
§43-601-604. Law, procedures and remedies to be applied A. Except as otherwise provided in subsection D of this section, the law of the issuing state or a foreign country governs:
1. The nature, extent, amount, and duration of current payments under a registered support order; 2. The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and 3. The existence and satisfaction of other obligations under the support order. B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies. C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or foreign country registered in this state. D. After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. Added by Laws 1994, c. 160, § 39, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 34, eff. Nov. 1, 2004; Laws 2015, c. 104, § 40, eff. Nov. 1, 2015; Laws 2016, c. 148, § 17, eff. Nov. 1, 2016.
§43-601-605. Notice of registration of order A. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. B. A notice must inform the nonregistering party: 1. That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; 2. That a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after notice unless the registered order is under Section 601-707 of this title; 3. That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and 4. Of the amount of any alleged arrearages. C. If the registering party asserts that two or more orders are in effect, a notice shall also:
1. Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; 2. Notify the nonregistering party of the right to a determination of which is the controlling order; 3. State that the procedures provided in subsection B of this section apply to the determination of which is the controlling order; and 4. State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. D. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income- withholding law of this state. Added by Laws 1994, c. 160, § 40, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 16, eff. Sept. 1, 1997; Laws 2004, c. 367, § 35, eff. Nov. 1, 2004; Laws 2015, c. 104, § 41, eff. Nov. 1, 2015; Laws 2016, c. 148, § 18, eff. Nov. 1, 2016.
§43-601-606. Procedure to contest validity or enforcement of registered order A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 601-605 of this title. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered support order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 601-607 of this title. B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Added by Laws 1994, c. 160, § 41, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 17, eff. Sept. 1, 1997; Laws 2015, c. 104, § 42, eff. Nov. 1, 2015; Laws 2016, c. 148, § 19, eff. Nov. 1, 2016.
§43-601-607. Contest of registration or enforcement A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: 1. The issuing tribunal lacked personal jurisdiction over the contesting party;
2. The order was obtained by fraud; 3. The order has been vacated, suspended, or modified by a later order; 4. The issuing tribunal has stayed the order pending appeal; 5. There is a defense under the law of this state to the remedy sought; 6. Full or partial payment has been made; 7. The statute of limitation under Section 601-604 of this title precludes enforcement of some or all of the alleged arrearages; or 8. The alleged controlling order is not the controlling order. B. If a party presents evidence establishing a full or partial defense under subsection A of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state. C. If the contesting party does not establish a defense under subsection A of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. Added by Laws 1994, c. 160, § 42, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 36, eff. Nov. 1, 2004; Laws 2015, c. 104, § 43, eff. Nov. 1, 2015; Laws 2016, c. 148, § 20, eff. Nov. 1, 2016.
§43-601-608. Confirmed order. Confirmation of a registered support 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. Added by Laws 1994, c. 160, § 43, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 44, eff. Nov. 1, 2015.
§43-601-609. Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Sections 601-601 through 601-608 of this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification. Added by Laws 1994, c. 160, § 44, eff. Sept. 1, 1994. Amended by Laws 2015, c. 104, § 45, eff. Nov. 1, 2015.
§43-601-610. Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 601-611 or 601-613 have been met. Added by Laws 1994, c. 160, § 45, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 37, eff. Nov. 1, 2004; Laws 2015, c. 104, § 46, eff. Nov. 1, 2015.
§43-601-611. Modification of child support order of another state A. If Section 601-613 of this title does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: 1. The following requirements are met: a. neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state, b. a petitioner who is a nonresident of this state seeks modification, and c. the respondent is subject to the personal jurisdiction of the tribunal of this state; or 2. This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction. B. Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner. C. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Section 601-207 of this title establishes the aspects of the support order which are nonmodifiable. D. In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by such order precludes imposition of a further obligation of support by a tribunal of this state. E. On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the
tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction. F. Notwithstanding subsections (a) through (e) and subsection B of Section 601- 201 of this title, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if: 1. One party resides in another state; and 2. The other party resides outside the United States. Added by Laws 1994, c. 160, § 46, eff. Sept. 1, 1994. Amended by Laws 1997, c. 360, § 18, eff. Sept. 1, 1997; Laws 2004, c. 367, § 38, eff. Nov. 1, 2004; Laws 2015, c. 104, § 47, eff. Nov. 1, 2015; Laws 2016, c. 148, § 21, eff. Nov. 1, 2016.
§43-601-612. Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: 1. May enforce its order that was modified only as to arrears and interest accruing before the modification; 2. May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and 3. Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. Added by Laws 1994, c. 160, § 47, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 39, eff. Nov. 1, 2004.
§43-601-613. Jurisdiction - Applicability of provisions A. If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. B. A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2, this article and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 do not apply. Added by Laws 1997, c. 360, § 19, eff. Sept. 1, 1997. Amended by Laws 2004, c. 367, § 40, eff. Nov. 1, 2004; Laws 2015, c. 104, § 48, eff. Nov. 1, 2015; Laws 2016, c. 148, § 22, eff. Nov. 1, 2016.
§43-601-614. Filing of modified child support order. Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been
registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Added by Laws 1997, c. 360, § 20, eff. Sept. 1, 1997. Amended by Laws 2015, c. 104, § 49, eff. Nov. 1, 2015.
§43-601-615. Modification of order made by foreign country that lacks or does not exercise jurisdiction A. Except as otherwise provided in Section 601-711 of this title, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to Section 601-611 of this title has been given or whether the individual seeking modification is a resident of this state or of the foreign country. B. An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. Added by Laws 2004, c. 367, § 41, eff. Nov. 1, 2004. Amended by Laws 2015, c. 104, § 50, eff. Nov. 1, 2015; Laws 2016, c. 148, § 23, eff. Nov. 1, 2016.
§43-601-616. Registration of foreign child support orders - Petition for modification. A party or support enforcement agency seeking to modify or to modify and enforce a foreign child support order not under the Convention may register that order in this state under Sections 601- 601 through 601-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification. Added by Laws 2015, c. 104, § 51, eff. Nov. 1, 2015.
§43-601-701. Definitions In this article: 1. "Application" means a request under the Convention by an obligee or obligor or on behalf of a child made through a central authority for assistance from another central authority; 2. "Central authority" means the entity designated by the United States or a foreign country described in paragraph d of subsection 5 of Section 601-102 of this title to perform the functions specified in the Convention;
3. "Convention support order" means a support order of a tribunal of a foreign country described in paragraph d of subsection 5 of Section 601-102 of this title; 4. "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States; 5. "Foreign central authority" means the entity designated by a foreign country described in paragraph d of subsection 5 of Section 601-102 of this title to perform the functions specified in the Convention; 6. "Foreign support agreement": a. means an agreement for support in a record that: (1) is enforceable as a support order in the country of origin, (2) has been: (a) formally drawn up or registered as an authentic instrument by a foreign tribunal, or (b) authenticated by or concluded, registered or filed with a foreign tribunal, (3) may be reviewed and modified by a foreign tribunal, and b. includes a maintenance arrangement or authentic instrument under the convention; and 7. "United States central authority" means the Secretary of the United States Department of Health and Human Services. Added by Laws 1994, c. 160, § 48, eff. Sept. 1, 1994. Amended by Laws 1995, c. 273, § 2, emerg. eff. May 25, 1995; Laws 2004, c. 367, § 42, eff. Nov. 1, 2004; Laws 2015, c. 104, § 52, eff. Nov. 1, 2015; Laws 2016, c. 148, § 24, eff. Nov. 1, 2016.
§43-601-702. Application of article. This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 6, this article controls. Added by Laws 2015, c. 104, § 53, eff. Nov. 1, 2015.
§43-601-703. Department of Human Services as designated agency. The Department of Human Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention. Added by Laws 2015, c. 104, § 54, eff. Nov. 1, 2015.
§43-601-704. Duties of Department of Human Services A. In a support proceeding under this article, the Oklahoma Department of Human Services of this state shall: 1. Transmit and receive applications; and
2. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. B. The following support proceedings are available to an obligee under the Convention: 1. Recognition or recognition and enforcement of a foreign support order; 2. Enforcement of a support order issued or recognized in this state; 3. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; 4. Establishment of a support order if recognition of a foreign support order is refused under paragraphs 2, 4 or 9 of subsection B of Section 601-708 of this title; 5. Modification of a support order of a tribunal of this state; and 6. Modification of a support order of a tribunal of another state or a foreign country. C. The following support proceedings are available under the convention to an obligor against which there is an existing support order: 1. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; 2. Modification of a support order of a tribunal of this state; and 3. Modification of a support order of a tribunal of another state or a foreign country. D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention. Added by Laws 2015, c. 104, § 55, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 25, eff. Nov. 1, 2016.
§43-601-705. Direct request for establishment or modification - Direct request for recognition and enforcement A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 601-706 through 601-713 of this title apply. C. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: 1. A security, bond or deposit is not required to guarantee the payment of costs and expenses; and 2. An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at
least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. D. A petitioner filing a direct request is not entitled to assistance from the Oklahoma Department of Human Services. E. This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. Added by Laws 2015, c. 104, § 56, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 26, eff. Nov. 1, 2016.
§43-601-706. Registration of support order. A. Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Article 6. B. Notwithstanding Sections 601-311 and subparagraph a of Section 601-602 of Title 43 of the Oklahoma Statutes, a request for registration of a Convention support order must be accompanied by: 1. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; 2. A record stating that the support order is enforceable in the issuing country; 3. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; 4. A record showing the amount of arrears, if any, and the date the amount was calculated; 5. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and 6. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. C. A request for registration of a convention support order may seek recognition and partial enforcement of the order. D. A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 601-707 of Title 43 of the Oklahoma Statutes only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order. Added by Laws 2015, c. 104, § 57, eff. Nov. 1, 2015.
§43-601-707. Contest of a registered convention support order. A. Except as otherwise provided in this article, Sections 601- 605 through 601-608 of Title 43 of the Oklahoma Statutes apply to a contest of a registered convention support order. B. A party contesting a registered convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration. C. If the nonregistering party fails to contest the registered convention support order by the time specified in subsection B of this section, the order is enforceable. D. A contest of a registered convention support order may be based only on grounds set forth in Section 601-708 of Title 43 of the Oklahoma Statutes. The contesting party bears the burden of proof. E. In a contest of a registered convention support order, a tribunal of this state: 1. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and 2. May not review the merits of the order. F. A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision. G. A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances. Added by Laws 2015, c. 104, § 58, eff. Nov. 1, 2015.
§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions A. Except as otherwise provided in subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order. B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order: 1. Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
2. The issuing tribunal lacked personal jurisdiction consistent with Section 601-201 of this title; 3. The order is not enforceable in the issuing country; 4. The order was obtained by fraud in connection with a matter of procedure; 5. A record transmitted in accordance with Section 601-706 of this title lacks authenticity or integrity; 6. A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; 7. The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under the Uniform Interstate Family Support Act in this state; 8. Payment, to the extent alleged arrears have been paid in whole or in part; 9. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: a. if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard, or b. if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal, or 10. The order was made in violation of Section 601-711 of this title. C. If a tribunal of this state does not recognize a convention support order under paragraphs 2, 4 or 9 of subsection B of this section: 1. The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and 2. The Oklahoma Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 601-704 of this title. Added by Laws 2015, c. 104, § 59, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 27, eff. Nov. 1, 2016.
§43-601-709. Severability of convention support orders. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may
seek recognition and partial enforcement of a convention support order. Added by Laws 2015, c. 104, § 60, eff. Nov. 1, 2015.
§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions. A. Except as otherwise provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: 1. A complete text of the foreign support agreement; and 2. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: 1. Recognition and enforcement of the agreement is manifestly incompatible with public policy; 2. The agreement was obtained by fraud or falsification; 3. The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this act in this state; or 4. The record submitted under subsection B of this section lacks authenticity or integrity. E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. Added by Laws 2015, c. 104, § 61, eff. Nov. 1, 2015.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order. A. A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: 1. The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
2. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. B. If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, subsection C of Section 601-708 of Title 43 of the Oklahoma Statutes applies. Added by Laws 2015, c. 104, § 62, eff. Nov. 1, 2015.
§43-601-712. Permissible uses of personal information. Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted. Added by Laws 2015, c. 104, § 63, eff. Nov. 1, 2015.
§43-601-713. English translation. A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation. Added by Laws 2015, c. 104, § 64, eff. Nov. 1, 2015.
§43-601-714. Renumbered as § 601-902 of this title by Laws 2016, c. 148, § 28, eff. Nov. 1, 2016.
§43-601-801. Grounds for rendition. A. For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this act. B. The Governor of this state may: 1. Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or 2. On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. C. A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. Added by Laws 1994, c. 160, § 49, eff. Sept. 1, 1994.
§43-601-802. Condition of rendition. A. Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of
this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this act or that the proceeding would be of no avail. B. If, under this act or a law substantially similar to this act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. Added by Laws 1994, c. 160, § 50, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 43, eff. Nov. 1, 2004.
§43-601-901. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 1994, c. 160, § 51, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 44, eff. Nov. 1, 2004.
§43-601-902. Application of act This act applies to proceedings begun on or after November 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement whenever issued or entered. Added by Laws 2015, c. 104, § 65, eff. Nov. 1, 2015. Renumbered from § 601-714 of this title by Laws 2016, c. 148, § 28, eff. Nov. 1, 2016.
§43-601-903. Severability of act. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Added by Laws 2015, c. 104, § 66, eff. Nov. 1, 2015.