Full text of Utah Utah Code § 81-11-308 — Expedited enforcement of child custody determination., with citation guidance and answers to common questions.
§ 81-11-308. Expedited enforcement of child custody determination.
Effective 9/1/2025
81-11-308.
Expedited enforcement of child custody determination.
| (1) |
| (a) | A petition under this part shall be verified. |
| (b) | Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. |
| (c) | A copy of a certified copy of an order may be attached instead of the original. |
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| (2) | A petition for enforcement of a child custody determination shall state:
| (a) | whether the court that issued the determination identified the jurisdictional basis the court relied upon in exercising jurisdiction and, if so, what the basis was; |
| (b) | whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision shall be enforced under this chapter or federal law and, if so, identify the court, the case number of the proceeding, and the action taken; |
| (c) | 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 and the case number and the nature of the proceeding; |
| (d) | the present physical address of the minor child and the respondent, if known; and |
| (e) | whether relief in addition to the immediate physical custody of the minor child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought. |
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| (3) | If the child custody determination has been registered and confirmed under Section 81-11-305, the petition shall also state the date and place of registration. |
| (4) | The court shall issue an order directing the respondent to appear with or without the minor child at a hearing and may enter any orders necessary to ensure the safety of the parties and the minor child. |
| (5) |
| (a) | The hearing shall be held on the next judicial day following service of process unless that date is impossible. |
| (b) | In that event, the court shall hold the hearing on the first day possible. |
| (c) | The court may extend the date of hearing at the request of the petitioner. |
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| (6) | The order shall:
| (a) | state the time and place of the hearing; and |
| (b) | advise the respondent that at the hearing the court will order the delivery of the child and the payment of fees, costs, and expenses under Section 81-11-312. |
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| (7) | The order may set an additional hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
| (a) | the child custody determination has not been registered and confirmed under Section 81-11-305, and that:
| (ii) | 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 Part 2, Jurisdiction, or federal law; or |
| (iii) | the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 in the proceedings before the court that issued the order for which enforcement is sought; or |
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| (b) | the child custody determination for which enforcement is sought was registered and confirmed under Section 81-11-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law. |
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Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-11-308
What does Utah Code § 81-11-308 cover?
Section 81-11-308 ("Expedited enforcement of child custody determination.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-11-308?
A common citation format is "Utah Code § 81-11-308" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-11-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
