Title 81, Title 81: Utah Domestic Relations Code

81-11-105. Binding force of child custody determination. (1) A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have: been served in accordance with the laws of this state or notified in accordance with Secti…

81-11-106. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

81-11-107. Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. No…

81-11-108. Appearance and limited immunity. (1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under, a party in a proceeding to modify a child custody determination under, or a petitioner in a proceeding …

81-11-109. Communication between courts. (1) As used in this section: "Record" means information that is inscribed on a tangible medium or that which is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes: notes or transcripts of a co…

81-11-110. Taking testimony in another state. (1) 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 minor child, by deposition o…

81-11-111. Cooperation between courts -- Preservation of records. (1) A court of this state may request the appropriate court of another state to: hold an evidentiary hearing; order a person to produce or give evidence under procedures of that state; order that an evaluation be m…

81-11-201. Initial child custody jurisdiction. (1) Except as otherwise provided in Section, a court of this state has jurisdiction to make an initial child custody determination only if: 81-11-204 this state is the home state of the minor child on the date of the commencement of …

81-11-202. Exclusive, continuing jurisdiction. (1) Except as otherwise provided in Section, a court of this state that has made a child custody determination consistent with Sectionorhas exclusive, continuing jurisdiction over the determination until: 81-11-204 81-11-201 81-11-20…

81-11-203. Jurisdiction to modify determination. Except as otherwise provided in Section, 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 Subse…

81-11-204. Temporary emergency jurisdiction. (1) A court of this state has temporary emergency jurisdiction if the minor child is present in this state and the minor child has been abandoned or it is necessary in an emergency to protect the minor child because the minor child, or…

81-11-205. Notice -- Opportunity to be heard -- Joinder. (1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Sectionshall be given to all persons entitled to notice under the law of this st…

81-11-206. Simultaneous proceedings. (1) Except as otherwise provided in Section, a court of this state may not exercise its jurisdiction under this chapter if at the time of the commencement of the proceeding a proceeding concerning the custody of the minor child had been previo…

81-11-207. Inconvenient forum. (1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that the court is an inconvenient forum under the circumstances and…

81-11-208. Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in Sectionor by other law of this state, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court…

81-11-209. Information to be submitted to court. (1) In a child custody proceeding, each party, in the party's first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the minor child's present address, the places where the…

81-11-210. Appearance of parties and child. (1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally with or without the minor child. The court may order any person who is in this state and who has physic…

81-11-301. Definitions for part. As used in this part: (1) "Petitioner" means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduct…

81-11-302. Scope -- Hague Convention Enforcement. This chapter may be invoked to enforce: (1) a child custody determination; and (2) an order for the return of the minor child made under the Hague Convention on the Civil Aspects of International Child Abduction.

81-11-303. Duty to enforce. (1) 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 that was in substantial conformity with this chapter or the determination was made under factual …

81-11-304. Temporary parent-time. (1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: a parent-time schedule made by a court of another state; or the parent-time provisions of a child custody de…

81-11-305. Registration of child custody determination. (1) 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 district court in this state: a letter or other …

81-11-306. Enforcement of registered determination. (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and en…

81-11-307. Simultaneous proceedings. (1) If a proceeding for enforcement under this part has been or is commenced in this state and a court of this state determines that a proceeding to modify the determination has been commenced in another state having jurisdiction to modify the…

81-11-308. Expedited enforcement of child custody determination. (1) A petition under this part shall be verified. Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. A copy of a certified copy …

81-11-309. Service of petition and order. Except as otherwise provided in Section, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the minor child.

81-11-310. Hearing and order. (1) Unless the court enters a temporary emergency order in accordance with Section, upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the petitioner…

81-11-311. Writ to take physical custody of child. (1) 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 writ of assistance to take physical custody of the minor child if the mi…

81-11-312. Costs, fees, and expenses. (1) 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 fees, investigative fees, expenses for witnesses, tr…

81-11-313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order made consistently with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a co…

81-11-314. Appeals. (1) An appeal may be taken from an order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. (2) Unless the court enters a temporary emergency order under Section, the enforcing court may not stay an order…

81-11-315. Role of prosecutor or attorney general. (1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or attorney general may take any lawful action, including resort to a proceeding und…

81-11-316. Role of law enforcement. At the request of a prosecutor or the attorney general acting under Section, a law enforcement officer may take any lawful action reasonably necessary to locate a minor child or a party and assist a prosecutor or attorney general with responsib…

81-11-317. Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or attorney general and law enforcement officers under Sectionor.

81-11-318. Transitional provision. A motion or other request for relief made in a child custody or enforcement proceeding that was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made.