Guam § 39305 - Registration Of Child-Custody Determination.

§ 39305. Registration Of Child-Custody Determination.

(a) A child-custody determination issued by a court of another State may

be registered in Guam, with or without a simultaneous request for

enforcement, by sending to the Superior Court of Guam:

(1) a letter or other document requesting registration;

(2) two copies, including one certified copy, of the determination

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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 39209, 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), 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 Subsection

(a)(3) and provide them with an opportunity to contest the registration

in accordance with this section.

(c) The notice required by Subsection (b)(2) 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 the

Superior Court of Guam;

(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;

(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; or

(3) the person contesting registration was entitled to notice, but

notice was not given in accordance with the standards of section 108, in

the proceedings before the court that issued the order for which

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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.