Oklahoma § 43-527

Full text of Oklahoma Oklahoma Statutes § 43-527, with citation guidance and answers to common questions.

§ 43-527.

Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.

§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

Oklahoma Statutes - Title 43. Marriage and Family

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:

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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:

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

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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;

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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;

Oklahoma Statutes - Title 43. Marriage and Family

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:

the issuing court did not have jurisdiction under

Article 2 of this act,

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

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;

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

Oklahoma Statutes - Title 43. Marriage and Family

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:

the issuing court did not have jurisdiction under

Article 2 of this act,

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

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;

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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:

inscribed on a tangible medium, or

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

§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.

Oklahoma Statutes - Title 43. Marriage and Family

§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,

Oklahoma Statutes - Title 43. Marriage and Family

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 551112 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.

Oklahoma Statutes - Title 43. Marriage and Family

§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:

abandoning employment,

selling a primary residence,

Oklahoma Statutes - Title 43. Marriage and Family

terminating a lease,

closing bank or other financial management accounts,

liquidating assets, hiding or destroying financial

documents, or conducting any unusual financial

activities,

applying for a passport or visa or obtaining travel

documents for the respondent, a family member, or the

child, or

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:

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,

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,

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,

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

Oklahoma Statutes - Title 43. Marriage and Family

(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,

is included by the United States Department of State

on a current list of state sponsors of terrorism,

does not have an official United States diplomatic

presence in the country, or

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;

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

Oklahoma Statutes - Title 43. Marriage and Family

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:

the travel itinerary of the child,

a list of physical addresses and telephone numbers at

which the child can be reached at specified times, and

copies of all travel documents;

2. A prohibition of the respondent directly or indirectly:

removing the child from this state, the United States,

or another geographic area without permission of the

court or the petitioner's written consent,

removing or retaining the child in violation of a

child custody determination,

removing the child from school or a child-care or

similar facility, or

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 direction that the petitioner place the child's name

in the United States Department of State's Child

Passport Issuance Alert Program,

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

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:

Oklahoma Statutes - Title 43. Marriage and Family

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,

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,

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

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;

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

2015.

Repealed by Laws 2015, c. 104, § 67, eff. Nov. 1,

§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

Oklahoma Statutes - Title 43. Marriage and Family

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:

which has been declared under the law of the United

States to be a foreign reciprocating country,

which has established a reciprocal arrangement for

child support with this state as provided in Section

601-308 of this title,

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

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;

Oklahoma Statutes - Title 43. Marriage and Family

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:

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,

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,

an individual seeking a judgment determining parentage

of the individual's child, or

a person that is a creditor in a proceeding under

Article 7;

17. "Obligor" means an individual or the estate of a decedent

that:

owes or is alleged to owe a duty of support,

is alleged but has not been adjudicated to be a parent

of a child,

is liable under a support order, or

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;

Oklahoma Statutes - Title 43. Marriage and Family

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:

seek enforcement of support orders or laws relating to

the duty of support,

seek establishment or modification of child support,

request determination of parentage of a child,

attempt to locate obligors or their assets, or

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 quasijudicial 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.

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

country

Simultaneous proceedings in another state or foreign

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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;

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.

Oklahoma Statutes - Title 43. Marriage and Family

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:

an order issued by a tribunal in the current home

state of the child controls, or

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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:

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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;

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.

Oklahoma Statutes - Title 43. Marriage and Family

§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.

Oklahoma Statutes - Title 43. Marriage and Family

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 incomewithholding 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 incomewithholding order relating to the obligor; and

3. The person designated to receive payments in the incomewithholding order or if no person is designated, to the obligee.

Oklahoma Statutes - Title 43. Marriage and Family

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

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:

the obligor's address and social security number,

the name and address of the obligor's employer and any

other source of income of the obligor, and

Oklahoma Statutes - Title 43. Marriage and Family

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:

Oklahoma Statutes - Title 43. Marriage and Family

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:

Oklahoma Statutes - Title 43. Marriage and Family

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 incomewithholding 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;

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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:

neither the child, nor the obligee who is an

individual, nor the obligor resides in the issuing

state,

a petitioner who is a nonresident of this state seeks

modification, and

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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 601601 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;

Oklahoma Statutes - Title 43. Marriage and Family

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":

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,

(b) authenticated by or concluded, registered or

filed with a foreign tribunal,

(3) may be reviewed and modified by a foreign

tribunal, and

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

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 601605 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;

Oklahoma Statutes - Title 43. Marriage and Family

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:

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

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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

Oklahoma Statutes - Title 43. Marriage and Family

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.

Oklahoma Statutes - Title 43. Marriage and Family

Frequently Asked Questions About Oklahoma § 43-527

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Section 43-527 is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Oklahoma § 43-527

§ 43-527.

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Frequently Asked Questions About Oklahoma § 43-527

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