reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.41 | Access to Information for Enforcement Purposes.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section:
(1) "Cable television service" has the same meaning as in section 2913.01 of the Revised Code.
(2) "Public utility" means a person or entity, including an entity owned or operated by a municipal corporation or other government entity, that is described in section 4905.03 of the Revised Code as a telephone company, electric light company, gas company, natural gas company, water-works company, heating or cooling company, or sewage disposal system company, or that is providing cable television service.
(B) Except as provided in section 3125.43 of the Revised Code, the office of child support shall have access to all of the following unless release of the information is prohibited by federal or state law:
(1) Any information in the possession of any officer or entity of the state or any political subdivision of the state that would aid the office in locating an absent parent or child pursuant to section 3125.06 of the Revised Code;
(2) Any information concerning the employment, compensation, and benefits of any obligor or obligee subject to a support order in the possession of any person;
(3) The name and address of any obligor or obligee subject to a support order and the obligor's or obligee's employer in the customer records of a public utility.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.42 | Request for Information by Office for Child Support.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The person or entity required to provide information pursuant to section 3125.41 of the Revised Code, may provide such information to a child support enforcement agency at the agency's request or require the agency to request that the office of child support request the information for the agency. The office shall request the information from the person or entity on the request of a child support enforcement agency.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.43 | Information Provided by Department of Taxation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The department of taxation shall not provide any information to the office of child support, except as provided in this section. For purposes of the establishment of paternity, the establishment, modification, or enforcement of support orders, and the location of absent parents pursuant to child support enforcement activities and activities to establish and enforce orders allocating parenting rights and responsibilities and parenting time orders, the office is authorized to obtain information concerning the residential address and income of taxpayers if that information is contained in the state tax records maintained by the department. The department shall not provide any information to the office if the provision of the information is prohibited by state or federal law.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.44 | Reimbursement of Department of Taxation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support shall reimburse the department of taxation for the cost of accessing and obtaining the information described in section 3125.43 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.45 | Immunity.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
An officer or entity of the state or political subdivision of the state or any other person who provides information pursuant to section 3125.41, 3125.42, or 3125.43 of the Revised Code shall not be subject to criminal or civil liability for providing the information.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.46 | Failing to Provide Information.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No person or entity, other than an officer or entity of the state or a political subdivision of the state, shall fail to provide information as required by section 3125.41 or 3125.42 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.47 | Fines.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A person or entity that violates section 3125.46 of the Revised Code may be fined five hundred dollars.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.48 | Filing an Action to Impose Fine.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The department of job and family services shall file an action in the court of common pleas of Franklin county, requesting that the court impose the fine described in section 3125.47 of the Revised Code for failure to provide information as required by section 3125.41 or 3125.42 of the Revised Code. If the court determines that a person or entity failed to provide the information, it may impose the fine. The court shall direct that the fine be paid to the department.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.49 | Prohibiting Use of Social Security Numbers.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Neither the office of child support nor any child support enforcement agency shall use any social security number made available to it under section 3705.07 of the Revised Code for any purpose other than child support enforcement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.50 | Prohibiting Disclosure of Information.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Except as provided by the rules adopted pursuant to section 3125.51 of the Revised Code, no person shall do either of the following:
(A) Disclose information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency;
(B) Disclose any information collected pursuant to section 3125.41, 3125.42, or 3125.43 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.51 | Administrative Rules for Access To, Use and Disclosure of Information.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services shall adopt rules governing access to, and use and disclosure of, the information described in section 3125.50 of the Revised Code. The rules shall be consistent with the requirements of Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules adopted under Title IV-D.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.58 | Court Rules Establishing Time Limits for Support Cases.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Each court with jurisdiction to issue court support orders or orders establishing the existence or nonexistence of a parent and child relationship shall establish rules of court to ensure that the following percentage of all actions to establish the existence or nonexistence of a parent and child relationship, to establish a support requirement, or to modify a previously issued court support order are completed within the following time limits:
(A) Seventy-five per cent of all of the actions shall be completed within six months after the date of initial filing;
(B) Ninety per cent of all of the actions shall be completed within twelve months after the date of initial filing.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.59 | Temporary Support Orders.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
With respect to a case for the establishment or modification of a support requirement that involves complex legal issues requiring full judicial review, the court shall issue a temporary support order within the time limits set forth in section 3125.58 of the Revised Code. The order shall be in effect until a final support order is issued in the case. All cases in which the imposition of a notice or order under section 3121.03 of the Revised Code is contested shall be completed within the period of time specified by law for completion of the case. The failure of a court to complete a case within the required period does not affect the ability of any court to issue any order under this section or any other section of the Revised Code for the payment of support, does not provide any defense to any order for the payment of support that is issued under this section or any other section of the Revised Code, and does not affect any obligation to pay support.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.60 | Appointing Magistrates - Administrative and Support Personnel.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) In any Title IV-D case, the judge, when necessary to satisfy the federal requirement of expedited process for obtaining court support orders and enforcing support orders, may appoint magistrates to make findings of fact and recommendations for the judge's approval in the case. All magistrates appointed pursuant to this section shall be attorneys admitted to the practice of law in this state. A court that appoints a magistrate pursuant to this section may appoint any additional administrative and support personnel for the magistrate.
(B) Any magistrate appointed pursuant to this section may perform any of the following functions:
(1) Taking testimony and keeping a record in the case;
(2) Evaluating evidence and issuing recommendations to establish and modify court support orders and enforce support orders;
(3) Accepting voluntary acknowledgments of support liability and stipulated agreements setting the amount of support to be paid;
(4) Entering default orders if the obligor does not respond to notices in the case within a reasonable time after the notices are issued;
(5) Any other functions considered necessary by the court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3125 | Title Iv-D Child Support Cases › Section 3125.99 | Penalty.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Whoever violates section 3125.50 of the Revised Code shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.02 | Application of Chapter.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Sections 3127.01 to 3127.53 of the Revised Code do not govern adoption proceedings or proceedings pertaining to the authorization of emergency medical care for a child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.03 | Custody Proceeding Pertaining to Indian Child.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to sections 3127.01 to 3127.53 of the Revised Code to the extent that the proceeding is governed by the 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 the purpose of applying sections 3127.01 to 3127.53 of the Revised Code.
(C) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.04 | Foreign Country Treated as State - Enforcement of Foreign Custody Determinations.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.24 of the Revised Code.
(B) Except as otherwise provided in division (C) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code.
(C) A court of this state need not apply sections 3127.01 to 3127.53 of the Revised Code if the law governing child custody determinations of a foreign country violates fundamental principles of human rights.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.05 | Custody Determinations Under Chapter as Binding.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
A child custody determination made by a court of this state with jurisdiction under sections 3127.01 to 3127.53 of the Revised Code binds all persons who have been served in accordance with the laws of this state, notified in accordance with section 3127.07 of the Revised Code, 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.06 | Calendar Priorities.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Upon the request of a party to a child custody proceeding that raises a question of existence or exercise of jurisdiction under sections 3127.01 to 3127.53 of the Revised Code, the question shall be given calendar priority and handled expeditiously.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.07 | Notice and Proof of Service for Personal Jurisdiction Outside Ohio.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Notice required for the exercise of jurisdiction over a person outside this state may be given in a manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, for service of process or by the law of the state in which the service is made. Notice shall 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 prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, or by the law of the state in which the service is made.
(C) Notice is not required if the person submits to the jurisdiction of the court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.08 | Immunity to Personal Jurisdiction Regarding Unrelated Matter.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(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 of having been physically present for the purpose of participating, in the child custody 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 division (A) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under sections 3127.01 to 3127.53 of the Revised Code that are committed by an individual while present in this state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.09 | Communication With Non-Ohio Court - Opportunity to Participate.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 3127.01 to 3127.53 of the Revised Code.
(B) The court may give the parties the opportunity to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision concerning jurisdiction is made.
(C) Communication between courts concerning scheduling, 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 division (C) of this section, a record shall be made of a communication under this section. The parties shall 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.10 | Testimony of Out-of State Witnesses.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.11 | Requests to or From Non-Ohio Court - Expenses - Forwarding of Copies.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state may request the appropriate court of another state to do any of the following:
(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 concerning the allocation of parental rights and responsibilities for the care of a child involved in a pending proceeding with respect to the designation of a parent as the residential parent and legal custodian of the child and with respect to the custody of the child in any other person;
(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;
(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 division (A) of this section.
(C) The court may assess travel and other necessary and reasonable expenses incurred under divisions (A) and (B) of this section against the parties according to the law of this state.
(D) Upon appropriate request by a court or law enforcement official of another state, a court of this state shall forward a certified copy of the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding to the court or law enforcement official of the other state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.15 | Jurisdictional Basis for Initial Custody Determination.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state has jurisdiction to make an initial determination in a child custody proceeding only if one of the following applies:
(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 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 division (A)(1) of this section or a court of the home state of the child has declined to exercise jurisdiction on the basis that this state is the more appropriate forum under section 3127.21 or 3127.22 of the Revised Code, or a similar statute of the other state, and both of the following are the case:
(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.
(b) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
(3) All courts having jurisdiction under division (A)(1) or (2) of this section 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 3127.21 or 3127.22 of the Revised Code or a similar statute enacted by another state.
(4) No court of any other state would have jurisdiction under the criteria specified in division (A)(1), (2), or (3) of this section.
(B) Division (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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.16 | Exclusive Continuing Jurisdiction Over Determination - Termination.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state that has made a child custody determination consistent with section 3127.15 or 3127.17 of the Revised Code has exclusive, continuing jurisdiction over the determination until the court 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.17 | Modification of Custody Determination of Non-Ohio Court.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under division (A)(1) or (2) of section 3127.15 of the Revised Code and one of the following applies:
(A) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 3127.16 of the Revised Code or a similar statute of the other state or that a court of this state would be a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state.
(B) The 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.19 | Notice and Opportunity to Be Heard.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards set forth in section 3127.07 of the Revised Code shall 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 shall be governed by the law of this state as in child custody proceedings between residents of this state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.20 | Custody Proceeding Pending in Another State.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not exercise its jurisdiction under sections 3127.15 to 3127.17 of the Revised Code if, at the time of the commencement of the proceeding, a child custody proceeding concerning the child is pending 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 section 3127.21 of the Revised Code or a similar statute of the other state.
(B) Except as otherwise provided in section 3127.18 of the Revised Code, 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 3127.23 of the Revised Code. If the court determines that a child custody proceeding is pending 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 do any of the following:
(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;
(3) Upon the demonstration of an emergency, proceed with the modification under conditions the court considers appropriate.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.21 | Jurisdiction Declined - Forum Non Conveniens.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state that 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 convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the 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 the following:
(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 the 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;
(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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.22 | Jurisdiction Declined - Unjustifiable Conduct - Remedy - Assessment of Expenses.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Except as otherwise provided in section 3127.18 of the Revised Code or another law of this state, 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 one of the following applies:
(1) The parents and all persons acting as parents have agreed to the exercise of jurisdiction.
(2) A court of the state otherwise having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code determines that this state is a more appropriate forum under section 3127.21 of the Revised Code or a similar statute of the state.
(3) No court of any other state would have jurisdiction under the criteria specified in sections 3127.15 to 3127.17 of the Revised Code.
(B) If a court of this state declines to exercise its jurisdiction pursuant to division (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 3127.15 to 3127.17 of the Revised Code or a similar statute of another state.
(C) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to division (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 or a political subdivision of this state unless authorized by law other than this chapter.
(D) As used in this section, "unjustifiable conduct" means conduct by a parent or that parent's surrogate that attempts to create jurisdiction in this state by removing the child from the child's home state, secreting the child, retaining the child, or restraining or otherwise preventing the child from returning to the child's home state in order to prevent the other parent from commencing a child custody proceeding in the child's home state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.24 | Order to Appear - Costs.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) The court may order any party to a child custody proceeding who is in this state to appear personally before the court 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 personally with the child.
(B) If a party to a child custody proceeding whose presence is desired by the court is outside this state with or without the child, the court may order that the notice given under section 3127.07 of the Revised Code include a statement directing that party to appear personally with or without the child and informing the party that failure to appear may result in a decision adverse to that 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 division (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 for the appearance of the party and the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.31 | Definitions - Petitioner and Respondent.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
As used in sections 3127.31 to 3127.47 of the Revised Code:
(A) "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.
(B) "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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.32 | Enforcement of Order for Return of Child Under Hague Convention.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Under this chapter, and subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court with appropriate jurisdiction may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.33 | Recognition of Custody Determination of Non-Ohio Court.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state shall recognize and enforce a child custody determination of a court of another state if that state 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 use 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 sections 3127.31 to 3127.47 of the Revised Code are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.34 | Temporary Enforcement Order by Court Lacking Jurisdiction to Modify Custody.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of the following:
(1) A parenting time or visitation schedule made by a court of another state;
(2) The parenting time or visitation provisions of a child custody determination of another state that does not provide for a specific parenting time or visitation schedule.
(B) If a court of this state makes an order under division (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 sections 3127.15 to 3127.24 of the Revised Code. The order shall remain in effect until an order is obtained from the other court or until the period expires.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.36 | Enforcement of Registered Custody Determination by Non-Ohio Court.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other 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) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court and each other court of this state shall recognize and enforce, but may not modify except in accordance with sections 3127.15 to 3127.24 of the Revised Code, a registered child custody determination of a court of another state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.37 | Communication With Non-Ohio Court Where Modification Proceeding Pending.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Subject to sections 2101.022 and 2301.03 of the Revised Code, if a proceeding for enforcement under sections 3127.31 to 3127.46 of the Revised Code is commenced in a juvenile court or other court of this state with appropriate jurisdiction 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 sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement shall continue unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.39 | Service of Petition and Order.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
Except as otherwise provided in section 3127.41 of the Revised Code, the petition and order shall be served by any method authorized by the Rules of Civil Procedure upon respondent and any person who has physical custody of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.40 | Order to Take Immediate Physical Possession of Child - Additional Relief - Privileges.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) Unless the court issues a temporary emergency order pursuant to section 3127.18 of the Revised Code, 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 either of the following:
(1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies:
(a) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(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 sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(c) The respondent was entitled to notice of the child custody proceeding for which enforcement is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(2) That the child custody determination for which enforcement is sought was registered and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(B) The court shall award the fees, costs, and expenses authorized under section 3127.42 of the Revised Code, and may grant additional relief, including a request for the assistance of law enforcement officials, and shall set a further hearing to determine whether the additional relief is appropriate.
(C) If a party called to testify in a proceeding to enforce a child custody determination refuses to answer on the basis 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 chapter.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.41 | Warrant to Take Physical Custody Where Imminent Danger of Harm or Removal.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(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 another 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. If possible, the court shall hear the petition on the next judicial day after the warrant is executed. If it is impossible to hold a hearing on that date, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by division (B) of section 3127.38 of the Revised Code.
(C) A warrant to take physical custody of a child shall do all of the following:
(1) Specify 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;
(3) Provide for the placement of the child pending final relief.
(D) The respondent shall 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 another 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 the placement of a child to ensure the appearance of the child and the child's custodian.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act › Section 3127.42 | Award of Fees, Expenses and Costs to Prevailing Party.

Effective:
April 11, 2005
Latest Legislation:
Senate Bill 185 - 125th General Assembly
(A) A court shall award the prevailing party in an action to enforce a child custody determination, 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 shall not assess fees, costs, or expenses against a state or a political subdivision of a state unless authorized by law other than this chapter.