reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 112 - Cooperation between courts -- Preservation of records.

78B-13-112.
Cooperation between courts -- Preservation of records.
(1) A court of this state may request the appropriate court of another state to:
(a) hold an evidentiary hearing;
(b) order a person to produce or give evidence under procedures of that state;
(c) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(d) 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
(e) 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.
(2) Upon request of a court of another state, a court of this state may:
(a) hold a hearing or enter an order described in Subsection (1); or
(b) order a person in this state to appear alone or with the child in a custody proceeding in another state.
(3) A court of this state may condition compliance with a request under Subsection (2)(b) upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed. If the person who has physical custody of the child cannot be served or fails to obey the order, or it appears the order will be ineffective, the court may issue a warrant of arrest against the person to secure his appearance with the child in the other state.
(4) Travel and other necessary and reasonable expenses incurred under Subsections (1) and (2) may be assessed against the parties according to the law of this state.
(5) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of these records.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 201 - Initial child custody jurisdiction.

78B-13-201.
Initial child custody jurisdiction.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state has jurisdiction to make an initial child custody determination only if:
(a) 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;
(b) a court of another state does not have jurisdiction under Subsection (1)(a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 78B-13-207 or 78B-13-208; and
(i) 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
(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(c) all courts having jurisdiction under Subsection (1)(a) or (b) 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 78B-13-207 or 78B-13-208; or
(d) no state would have jurisdiction under Subsection (1)(a), (b), or (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is neither necessary nor sufficient to make a child custody determination.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 202 - Exclusive, continuing jurisdiction.

78B-13-202.
Exclusive, continuing jurisdiction.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state that has made a child custody determination consistent with Section 78B-13-201 or 78B-13-203 has exclusive, continuing jurisdiction over the determination until:
(a) a court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(b) a court of this state or a court of another state determines that neither the child, nor a parent, nor any person acting as a parent presently resides in this state.
(2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise its jurisdiction if the court determines that it is an inconvenient forum under Section 78B-13-207.
(3) A court of this state that 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 Section 78B-13-201.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 203 - Jurisdiction to modify determination.

78B-13-203.
Jurisdiction to modify determination.
Except as otherwise provided in Section 78B-13-204, 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 Subsection 78B-13-201(1)(a) or (b) and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 78B-13-202 or that a court of this state would be a more convenient forum under Section 78B-13-207; or
(2) a court of this state or a court of the other state determines that neither the child, nor a parent, nor any person acting as a parent presently resides in the other state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 204 - Temporary emergency jurisdiction.

78B-13-204.
Temporary emergency jurisdiction.
(1) 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.
(2) If there is no previous child custody determination that is entitled to be enforced under this chapter, and if no child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, a child custody determination made under this section becomes a final determination, if:
(a) it so provides; and
(b) this state becomes the home state of the child.
(3) 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 Sections 78B-13-201 through 78B-13-203, any order issued by a court of this state under this section shall specify in the order a period of time which the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 78B-13-201 through 78B-13-203. 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.
(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made, by a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to Sections 78B-13-201 through 78B-13-203, upon being informed that a child custody proceeding has been commenced, 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. The purpose of the communication is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 205 - Notice -- Opportunity to be heard -- Joinder.

78B-13-205.
Notice -- Opportunity to be heard -- Joinder.
(1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 78B-13-108 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.
(2) This chapter does not govern the enforceability of a child custody determination made without notice and an opportunity to be heard.
(3) 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 206 - Simultaneous proceedings.

78B-13-206.
Simultaneous proceedings.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state may not exercise its jurisdiction under this chapter if at the time of the commencement of the proceeding a proceeding concerning the custody of the child had been previously 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 Section 78B-13-207.
(2) Except as otherwise provided in Section 78B-13-204, 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 78B-13-209. If the court determines that a child custody proceeding was previously 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.
(3) 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:
(a) 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;
(b) enjoin the parties from continuing with the proceeding for enforcement; or
(c) proceed with the modification under conditions it considers appropriate.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 207 - Inconvenient forum.

78B-13-207.
Inconvenient forum.
(1) 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 appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.
(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) the length of time the child has resided outside this state;
(c) the distance between the court in this state and the court in the state that would assume jurisdiction;
(d) the relative financial circumstances of the parties;
(e) any agreement of the parties as to which state should assume jurisdiction;
(f) the nature and location of the evidence required to resolve the pending litigation, including the testimony of the child;
(g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) the familiarity of the court of each state with the facts and issues of the pending litigation.
(3) 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.
(4) 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 208 - Jurisdiction declined by reason of conduct.

78B-13-208.
Jurisdiction declined by reason of conduct.
(1) Except as otherwise provided in Section 78B-13-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b) a court of the state otherwise having jurisdiction under Sections 78B-13-201 through 78B-13-203 determines that this state is a more appropriate forum under Section 78B-13-207; or
(c) no other state would have jurisdiction under Sections 78B-13-201 through 78B-13-203.
(2) If a court of this state declines to exercise its jurisdiction pursuant to Subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 78B-13-201 through 78B-13-203.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to Subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney 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 award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 209 - Information to be submitted to court.

78B-13-209.
Information to be submitted to court.
(1) 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, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:
(a) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parent-time with the child and, if so, identify the court, the case number of the proceeding, and the date of the child custody determination, if any;
(b) 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 and the case number and the nature of the proceeding; and
(c) 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 parent-time with, the child and, if so, the names and addresses of those persons.
(2) If the information required by Subsection (1) is not furnished, the court, upon its own motion or that of a party, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in Subsection (1) 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.
(4) 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.
(5) 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 put at risk by the disclosure of identifying information, that information shall be sealed and not 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 2 - Jurisdiction › Section 210 - Appearance of parties and child.

78B-13-210.
Appearance of parties and child.
(1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally 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 physically with the child.
(2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 78B-13-108 include a statement directing the party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4) If a party to a child custody proceeding who is outside this state is directed to appear under Subsection (2) 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 301 - Definitions.

78B-13-301.
Definitions.
As used in this part:
(1) "Petitioner" means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction.
(2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 302 - Scope -- Hague Convention Enforcement.

78B-13-302.
Scope -- Hague Convention Enforcement.
This chapter may be invoked to enforce:
(1) a child custody determination; and
(2) an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 303 - Duty to enforce.

78B-13-303.
Duty to enforce.
(1) 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 that was 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.
(2) A court 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 procedure provided by this part does not affect the availability of other remedies to enforce a child custody determination.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 304 - Temporary parent-time.

78B-13-304.
Temporary parent-time.
(1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(a) a parent-time schedule made by a court of another state; or
(b) the parent-time provisions of a child custody determination of another state that does not provide for a specific parent-time schedule.
(2) If a court of this state makes an order under Subsection (1)(b), 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 Part 2, Jurisdiction. The order remains in effect until an order is obtained from the other court or the period expires.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 306 - Enforcement of registered determination.

78B-13-306.
Enforcement of registered determination.
(1) 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.
(2) A court of this state shall recognize and enforce, but may not modify except in accordance with Part 2, Jurisdiction, a registered child custody determination of another state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 307 - Simultaneous proceedings.

78B-13-307.
Simultaneous proceedings.
If a proceeding for enforcement under this part has been or is commenced in this state and a court of this state determines that a proceeding to modify the determination has been commenced in another state having jurisdiction to modify the determination under Part 2, Jurisdiction, 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 309 - Service of petition and order.

78B-13-309.
Service of petition and order.
Except as otherwise provided in Section 78B-13-311, the petition and order shall be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 310 - Hearing and order.

78B-13-310.
Hearing and order.
(1) Unless the court enters a temporary emergency order pursuant to Section 78B-13-204, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:
(a) the child custody determination has not been registered and confirmed under Section 78B-13-305, and that:
(i) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 78B-13-108 in the proceedings before the court that issued the order for which enforcement is sought; or
(b) the child custody determination for which enforcement is sought was registered and confirmed under Section 78B-13-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
(2) The court shall award the fees, costs, and expenses authorized under Section 78B-13-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(3) 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.
(4) 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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 311 - Writ to take physical custody of child.

78B-13-311.
Writ to take physical custody of child.
(1) 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 writ of assistance to take physical custody of the child if the child is likely to suffer serious imminent physical harm or removal from this state.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, it may issue a writ of assistance to take physical custody of the child. The petition shall be heard within 72 hours after the writ is executed. The writ shall include the statements required by Subsection 78B-13-308(2).
(3) A writ to take physical custody of a child shall:
(a) recite the facts upon which a conclusion of serious imminent physical harm or removal from the jurisdiction is based;
(b) direct law enforcement officers to take physical custody of the child immediately; and
(c) provide for the placement of the child pending final relief.
(4) The respondent shall be served with the petition, writ, and order immediately after the child is taken into physical custody.
(5) A writ of assistance to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by the exigency of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 312 - Costs, fees, and expenses.

78B-13-312.
Costs, fees, and expenses.
(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney 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.
(2) The court may not assess fees, costs, or expenses against a state except as otherwise provided by law other than this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 313 - Recognition and enforcement.

78B-13-313.
Recognition and enforcement.
A court of this state shall accord full faith and credit to an order made consistently 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 authorized to do so under Part 2, Jurisdiction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 314 - Appeals.

78B-13-314.
Appeals.
An appeal may be taken from an order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 78B-13-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 315 - Role of prosecutor or attorney general.

78B-13-315.
Role of prosecutor or attorney general.
(1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or Attorney General may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(a) an existing child custody determination;
(b) a request from a court in a pending child custody case;
(c) a reasonable belief that a criminal statute has been violated; or
(d) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2) A prosecutor or attorney general acts on behalf of the court and may not represent any party to a child custody determination.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 316 - Role of law enforcement.

78B-13-316.
Role of law enforcement.
At the request of a prosecutor or the attorney general acting under Section 78B-13-315 a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or attorney general with responsibilities under Section 78B-13-315.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 317 - Costs and expenses.

78B-13-317.
Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or attorney general and law enforcement officers under Section 78B-13-315 or 78B-13-316.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 3 - Enforcement › Section 318 - Transitional provision.

78B-13-318.
Transitional provision.
A motion or other request for relief made in a child custody or enforcement proceeding which was commenced before the effective date of this chapter is governed by the law in effect at the time the motion or other request was made.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 1 - General Provisions › Section 103 - State tribunal and support enforcement agency.

Effective 5/3/2023
78B-14-103.
State tribunal and support enforcement agency.
(1) The district court and the Utah Department of Health and Human Services are the tribunals of this state.
(2) The Utah Department of Health and Human Services is the state support enforcement agency.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 1 - General Provisions › Section 104 - Remedies cumulative.

Effective 7/1/2015
78B-14-104.
Remedies cumulative.
(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(2) This chapter does not:
(a) provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(b) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or parent-time in a proceeding under this chapter.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 1 - General Provisions › Section 105 - Application of chapter to residents of foreign countries and foreign support proceedings.

Effective 7/1/2015
78B-14-105.
Application of chapter to residents of foreign countries and foreign support proceedings.
(1) A tribunal of this state shall apply Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, and Part 6, Registration, Enforcement, and Modification of Support Order and, as applicable, Part 7, Support Proceedings Under Convention, to a support proceeding involving:
(a) a foreign support order;
(b) a foreign tribunal; or
(c) an obligee, obligor, or child residing in a foreign country.
(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, and Part 6, Registration, Enforcement, and Modification of Support Order.
(3)Part 7, Support Proceedings Under Convention, applies only to a support proceeding under the convention. In a proceeding, if a provision of Part 7, Support Proceedings Under Convention is inconsistent with Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, and Part 6, Registration, Enforcement, and Modification of Support Order, Part 7, Support Proceedings Under Convention, controls.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 201 - Bases for jurisdiction over nonresident.

Effective 7/1/2015
78B-14-201.
Bases for jurisdiction over nonresident.
(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the state registrar of vital records in the Department of Health pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 78B-14-611 are met, or, in the case of a foreign support order, unless the requirements of Section 78B-14-615 are met.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 202 - Duration of personal jurisdiction.

78B-14-202.
Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 78B-14-205, 78B-14-206, and 78B-14-211.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 203 - Initiating and responding tribunal of state.

Effective 7/1/2015
78B-14-203.
Initiating and responding tribunal of state.
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 204 - Simultaneous proceedings in another state.

Effective 7/1/2015
78B-14-204.
Simultaneous proceedings in another state.
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) if relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(a) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) the contesting party timely challenges the exercise of jurisdiction in this state; and
(c) if relevant, the other state or foreign country is the home of the child.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 205 - Continuing, exclusive jurisdiction to modify child support order.

Effective 7/1/2015
78B-14-205.
Continuing, exclusive jurisdiction to modify child support order.
(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order, and:
(a) at the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to the act, which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 206 - Continuing jurisdiction to enforce child support order.

Effective 7/1/2015
78B-14-206.
Continuing jurisdiction to enforce child support order.
(1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(a) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(b) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 208 - Child support orders for two or more obligees.

Effective 7/1/2015
78B-14-208.
Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 2 - Jurisdiction › Section 209 - Credit for payments.

Effective 7/1/2015
78B-14-209.
Credit for payments.
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state or foreign country.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session