reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1911. Taking testimony in another state.

§ 1911. 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 taken.
(b) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this State shall cooperate with 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1912. Cooperation between courts; preservation of records.

§ 1912. 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 law of this State.
(d) A court of this State shall preserve the pleadings, findings, orders and decrees with respect to a child custody proceeding until the child attains 18 years of age. A record of any hearing and evidence admitted at any hearing shall be retained for 5 years. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of the records.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1920. Initial child custody jurisdiction.

§ 1920. Initial child custody jurisdiction.
(a) Except as otherwise provided in § 1923 of this title, 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 6 months before the commencement of the proceeding and 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 § 1926 or § 1927 of this title; and
a. 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
b. 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 § 1926 or § 1927 of this title; 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1921. Exclusive, continuing jurisdiction.

§ 1921. Exclusive, continuing jurisdiction.
(a) Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination until:
(1) A court of this State determines that neither the child, nor 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 jurisdiction to make an initial determination under § 1920 of this title.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1922. Jurisdiction to modify determination.

§ 1922. Jurisdiction to modify determination.
Except as otherwise provided in § 1923 of this title, 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 § 1920(a)(1) or (2) of this title and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 1921 of this title or that a court of this State would be a more convenient forum under § 1926 of this title; 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1923. Temporary emergency jurisdiction.

§ 1923. 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 chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title 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 §§ 1920-1922 of this title. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title, 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 chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title, 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 §§ 1920-1922 of this title. The order 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 §§ 1920-1922 of this title, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to §§ 1920-1922 of this title, 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1924. Notice; opportunity to be heard; joinder.

§ 1924. Notice; opportunity to be heard; joinder.
(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 1908 of this title 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 chapter 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 chapter are governed by the law of this State as in child custody proceedings between residents of this State.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1925. Simultaneous proceedings.

§ 1925. Simultaneous proceedings.
(a) Except as otherwise provided in § 1923 of this title, a court of this State may not exercise its jurisdiction under this subchapter 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 chapter, 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 § 1926 of this title.
(b) Except as otherwise provided in § 1923 of this title, 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 § 1928 of this title. 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 chapter, 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 chapter 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1926. Inconvenient forum.

§ 1926. Inconvenient forum.
(a) A court of this State which has jurisdiction under this chapter 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 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;
(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 chapter 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1927. Jurisdiction declined by reason of conduct.

§ 1927. Jurisdiction declined by reason of conduct.
(a) Except as otherwise provided in § 1923 of this title, if a court of this State has jurisdiction under this chapter 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 §§ 1920-1922 of this title determines that this State is a more appropriate forum under § 1926 of this title; or
(3) No court of any other state would have jurisdiction under the criteria specified in §§ 1920-1922 of this title.
(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 §§ 1920-1922 of this title.
(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's fees, investigative fees, expenses for witnesses, travel expenses and 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 chapter.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1928. Information to be submitted to court.

§ 1928. Information to be submitted to court.
(a) Subject to the rules of the court, 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 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 (a)(1)-(3) 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 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter II. Jurisdiction › § 1929. Appearance of parties and child.

§ 1929. 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 § 1908 of this title 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1930. Definitions.

§ 1930. Definitions.
In this subchapter:
(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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1931. Enforcement under Hague Convention.

§ 1931. Enforcement under Hague Convention.
Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1932. Duty to enforce.

§ 1932. 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 chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) A court of this State may utilize any remedy available under other law of this State to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1933. Temporary visitation.

§ 1933. 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 (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter II of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1935. Enforcement of registered determination.

§ 1935. Enforcement of registered determination.
(a) A court of this State may grant any relief normally available under the law 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 subchapter II of this chapter, a registered child custody determination of a court of another state.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1936. Simultaneous proceedings.

§ 1936. Simultaneous proceedings.
If a proceeding for enforcement under this subchapter 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 subchapter II of this chapter, 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.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1937. Expedited enforcement of child custody determination.

§ 1937. Expedited enforcement of child custody determination.
(a) A petition under this subchapter 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 chapter 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;
(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 attorneys' fees is sought and, if so, the relief sought; and
(6) If the child custody determination has been registered and confirmed under § 1934 of this title, the date and place of registration.
(c) If the petition seeks emergency relief or expedited scheduling, the provisions of Rule 65.2 of the Family Court Civil Procedure Rules shall apply.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1938. Service of petition and order.

§ 1938. Service of petition and order.
Except as otherwise provided in § 1940 of this title, the petition and order must be served, by any method authorized by law upon respondent and any person who has physical custody of the child.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1939. Hearing and order.

§ 1939. Hearing and order.
(a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, 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 § 1934 of this title and that:
a. The issuing court did not have jurisdiction under subchapter II of this chapter;
b. 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 subchapter II of this chapter; or
c. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 1908 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under § 1934 of this title but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.
(b) The court shall award the fees, costs and expenses authorized under § 1941 of this title and may grant additional relief 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 subchapter.
73 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1940. Warrant to take physical custody of child.

§ 1940. 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 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 § 1937(b) of this title.
(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.
(f) A law-enforcement officer has the authority to enter private property to enforce a warrant to take physical custody of a child.
(g) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
73 Del. Laws, c. 426, §  1;  83 Del. Laws, c. 461, § 3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1941. Costs, fees and expenses.

§ 1941. 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, attorneys' 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 law other than this chapter.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1942. Recognition and enforcement.

§ 1942. Recognition and enforcement.
A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter 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 subchapter II of this chapter.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter III. Enforcement › § 1943. Appeals.

§ 1943. Appeals.
An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 1923 of this title, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 21. DOMESTIC VIOLENCE COORDINATING COUNCIL › § 2102. Composition [For application of this section, see 81 Del. Laws, c. 241, § 2].

§ 2102. Composition [For application of this section, see 81 Del. Laws, c. 241, § 2].
The Council shall consist of the following members:
(1) The Chief Judge of the Family Court;
(2) Two members of the House of Representatives (1 from each caucus) appointed by the Speaker of the House of Representatives.
(3) Two members of the Senate (1 from each caucus) appointed by the President Pro Tempore of the Senate.
(4) The Attorney General;
(5) The Chief Defender;
(6) The Secretary of the Department of Safety and Homeland Security;
(7) A representative of the law-enforcement community appointed by the Secretary of the Department of Safety and Homeland Security;
(8) The President Judge of the Superior Court;
(9) The Commissioner of the Department of Correction;
(10) The Secretary of the Department of Services for Children, Youth and Their Families;
(11) A judicial officer from the Court of Common Pleas to be appointed by the Chief Judge of the Court of Common Pleas.
(12) The Chief Magistrate of the Justice of the Peace Court.
(13) Seven members elected by the Council as follows:
1 member representing victims or survivors of domestic violence, 1 member representing victims or survivors of sexual assault, 1 member representing the health care community, and 4 members of the public.
a. The term of the at-large members elected by the Council shall be 3 years. At-large members may be eligible for reelection.
b. In case of a vacancy before the expiration of an at-large member's term, a successor shall be elected by the Council within 60 days of the vacancy.
c. At-large members may be removed by the Council if they do not attend 2 or more consecutive Council meetings.
69 Del. Laws, c. 159, §  1;  70 Del. Laws, c. 126, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 44, §§  1, 2;  72 Del. Laws, c. 66, §  1;  73 Del. Laws, c. 26, §§  1, 2;  74 Del. Laws, c. 63, §§  1, 2;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 274, §§  1, 2;  76 Del. Laws, c. 211, §  1;  77 Del. Laws, c. 102, §§  1-3;  77 Del. Laws, c. 319, §  1;  79 Del. Laws, c. 166, §  1;  80 Del. Laws, c. 26, §  4;  81 Del. Laws, c. 241, § 1;  83 Del. Laws, c. 321, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 21. DOMESTIC VIOLENCE COORDINATING COUNCIL › § 2103. Purpose; powers; duties.

§ 2103. Purpose; powers; duties.
The Council shall:
(1) Continuously study court services and procedures, law-enforcement procedures and protocol, and criminal justice data collection and analysis as it relates to domestic violence;
(2) Effectuate coordination between agencies, departments and the courts with victims of domestic violence and abuse;
(3) Promote effective prevention, intervention and treatment techniques which will be developed based upon research and data collection;
(4) Recommend standards for treatment programs for perpetrators of domestic violence to the Department of Health and Social Services, Department of Services for Children, Youth and Their Families and the Department of Correction;
(5) Review and comment upon legislation relating to domestic violence introduced in the General Assembly at the request of any member of the General Assembly or on its own initiative; and
(6) Improve the response to domestic violence and abuse so as to reduce the incidents thereof.
69 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 21. DOMESTIC VIOLENCE COORDINATING COUNCIL › § 2104. Meetings; quorum; officers; committees; procedure.

§ 2104. Meetings; quorum; officers; committees; procedure.
(a) The Council shall meet at least 4 times per year. Seven members shall constitute a quorum.
(b) The Chairperson shall have the duty to convene and preside over meetings of the Council and prepare an agenda for meetings.
(c) The Chief Judge of the Family Court shall convene the initial meeting of the Council.
(d) At the initial meeting of the Council a Chairperson and Vice Chairperson shall be elected by the Council members. Thereafter, the Council shall elect a Chairperson and Vice Chairperson biennially, at the first meeting of the calendar year in odd-numbered years, to serve a 2-year term. The Vice Chairperson's duty shall be to act as chairperson in the absence of the Chairperson.
(e) The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations and developing implementation plans to achieve the purposes of the Council.
(f) The Council shall promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29.
(1), (2) [Repealed.]
(g) The Council shall submit a written report of its activities and recommendations to the Governor, General Assembly and the Chief Justice of the Supreme Court at least once every year on or before October 15.
69 Del. Laws, c. 159, §  1;  70 Del. Laws, c. 126, §  3;  72 Del. Laws, c. 66, §  2;  77 Del. Laws, c. 103, §  1;  80 Del. Laws, c. 253, § 1;  83 Del. Laws, c. 321, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2201. Designation of Title IV-D agency.

§ 2201. Designation of Title IV-D agency.
The Division of Child Support Services is hereby established within the Department of Health and Social Services. Said Division shall constitute the IV-D agency authorized under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). In addition to the powers and duties described in this chapter, the Division of Child Support Services shall have the power to perform and be responsible for the performance of all duties and functions heretofore vested in the Division of Child Support Enforcement under § 7930 of Title 29 (repealed) and the Bureau of Child Support Enforcement pursuant to Executive Order No. 76, dated June 30, 1975.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2202. Powers and duties.

§ 2202. Powers and duties.
The Division of Child Support Services may:
(1) Accept, transfer and expend funds made available by the federal or state government or by another public or private source for the purpose of carrying out this chapter;
(2) Adopt rules, regulations and procedures for the provision of child support services;
(3) Initiate legal and administrative actions necessary to implement this chapter; and
(4) Enter into contracts or agreements necessary to implement this chapter.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2203. Title IV-D services.

§ 2203. Title IV-D services.
(a) The Division of Child Support Services may provide all services required or authorized by Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including parent locator services, determination of paternity, establishment of child support and medical support obligations, review and adjustment of child support orders, enforcement of child support, spousal support and medical support orders, and collection and disbursement of child support payments.
(b) The Division of Child Support Services may enter into agreements or contracts with federal, state or other public or private entities or individuals for the purpose of carrying out its duties and responsibilities under federal and state law.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2206. Confidentiality of records.

§ 2206. Confidentiality of records.
(a) Except as provided by subsection (b) of this section, all files and records of services provided under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including information related to a custodial parent, noncustodial parent, child, and an alleged, putative, or presumed father, are confidential, and for purposes of the Freedom of Information Act, Chapter 100 of Title 29, these files and records are specifically exempted from public disclosure.
(b) The Division of Child Support Services may use or release information from the files and records for purposes directly connected with the administration of the child support program, including the release of information to other state agencies operated pursuant to Title IV-D of the Social Security Act. The Division may also release information from its files and records to a consumer reporting agency in accordance with § 2217 of this title.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2207. Enforcement by the Division of Child Support Services.

§ 2207. Enforcement by the Division of Child Support Services.
The Division of Child Support Services is hereby authorized to initiate enforcement of any child or spousal support order issued by a Court or administrative agency of this or any other state or jurisdiction that is being enforced pursuant to Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.). Said enforcement shall include, but not be limited to, income withholding initiated pursuant to § 513 of this title; administratively adding an amount to be paid toward arrears in addition to any current support amount ordered; demand letters; initiation of contempt proceedings; use of state and federal income tax refund intercept programs; use of attachment, levy and garnishment; use of a private collection agency or contractor; and any other civil remedy available for the enforcement of judgments or for the enforcement of support orders.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2209. Notice of income withholding and National Medical Support Notice.

§ 2209. Notice of income withholding and National Medical Support Notice.
Within 2 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires pursuant to § 2208(b) of this title, the Division shall transmit a notice to the employer of an employee whose child support obligation is subject to enforcement by the Division directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) child support obligation (including any past due support obligation or retroactive support) of the employee, unless the employee's income is not subject to withholding under § 513(b)(1) of this title and transfer the National Medical Support Notice to the employer.
71 Del. Laws, c. 216, §  1;  73 Del. Laws, c. 338, §§  12, 13;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2210. Administrative enforcement in interstate cases.

§ 2210. Administrative enforcement in interstate cases.
(a) The Division of Child Support Services may request the child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), to enforce a child or spousal support order entered by a tribunal in Delaware or in another state or jurisdiction. Such a request shall constitute a certification by the Division of the amount of arrears and retroactive support, of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.
(b) The Division of Child Support Services may request the child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) to enforce and recognize a child support lien. Such a request shall constitute a certification by the Division of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.
(c) The Division of Child Support Services shall establish procedures to respond to a request for enforcement from a child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), without the necessity of registering the order or lien with the Court. Such a request shall constitute a certification by the requesting State of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2211. Maintenance of records.

§ 2211. Maintenance of records.
The Division of Child Support Services shall maintain such records as may be required by federal and state law.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;