403.856 Expedited enforcement of child custody determination.
530 words·~2 min read·
/ky/chapter-403/403-856A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A petition under Article 3 shall be verified. Certified copies of all orders sought to
be enforced and of any order confirming registration shall be attached to the
petition. A copy of a certified copy of an order may be attached instead of the
original.
(2)A petition for enforcement of a child custody determination shall state:
(a)Whether the court that issued the determination identified the jurisdictional
basis it 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 is entitled to enforcement under
KRS 403.800 to 403.880 and, if so, identify the court, the case number, and
the nature of the proceeding;
(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, the case number, and the nature of the proceeding;
(d)The present physical address of the child and the respondent, if known;
(e)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
(f)If the child custody determination has been registered and confirmed under
KRS 403.850, the date and place of registration.
(3)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 shall be held
on the next judicial day after service of the order unless that date is impossible. In
that event, the court shall hold the hearing on the first judicial day possible. The
court may extend the date of hearing at the request of the petitioner.
(4)An order issued under subsection
(3)of this section shall 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 KRS 403.864, and may schedule a 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
KRS 403.850 and that:
1. The issuing court did not have jurisdiction under Article 2;
2. 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; or
3. The respondent was entitled to notice, but notice was not given in
accordance with the standards of KRS 403.812, in the proceedings
before the court that issued the order for which enforcement is sought; or
(b)The child custody determination for which enforcement is sought was
registered and confirmed under KRS 403.850 but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under Article 2.