Guam § 39308 - Expedited Enforcement of Child-Custody Determination.

§ 39308. 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,

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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 39305, 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 next 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) 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 39312, 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 39305 and that:

(A) the issuing court did not have jurisdiction under Article

2;

(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;

(C) the respondent was entitled to notice, but notice was not

given in accordance with the standards of section 108, in the

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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 39304, but has been

vacated, stayed, or modified by a court of a State having jurisdiction to

do so under Article 2.