For the purposes of this subchapter, the term:
(1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
(2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 301 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Under this subchapter, a court of the District may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 302 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A court of the District shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) A court of the District may utilize any remedy available under other law of the District to enforce a child-custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 303 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A court of the District which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of the District makes an order under subsection (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter II of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 304 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A child-custody determination issued by a court of another state may be registered in the District, with or without a simultaneous request for enforcement, by sending to the Superior Court of the District of Columbia:
(1) A letter or other document requesting registration;
(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(3) Except as otherwise provided in section 16-4602.9, the name and address of the person seeking registration and of any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a) of this section, the registering court shall:
(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2) Serve notice upon the persons named pursuant to subsection (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subsection (b)(2) of this section must state that:
(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of the District;
(2) A hearing to contest the validity of the registered determination must be requested within 20 days after service of the notice; and
(3) Failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1) The issuing court did not have jurisdiction under subchapter II of this chapter;
(2) The child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter II of this chapter; or
(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 16-4601.07, in the proceedings before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 305 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A court of the District may grant any relief normally available under the law of the District to enforce a registered child-custody determination made by a court of another state.
(b) A court of the District shall recognize and enforce, but may not modify, except in accordance with subchapter II of this chapter, a registered child-custody determination of a court of another state.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 306 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If a proceeding for enforcement under this subchapter is commenced in a court of the District and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 307 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child-custody determination must state:
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) The present physical address of the child and the respondent, if known;
(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from the Metropolitan Police Department or other law enforcement officials and, if so, the relief sought; and
(6) If the child-custody determination has been registered and confirmed under section 16-4603.05, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person, with or without the child, at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under section 16-4603.12, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
(1) The child-custody determination has not been registered and confirmed under section 16-4603.05 and that:
(A) The issuing court did not have jurisdiction under subchapter II of this chapter;
(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter II of this chapter;
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 16-4601.07, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under section 16-4603.04, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 308 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Except as otherwise provided in sections 16-306 (adoptions), 16-2306 (neglect proceedings), 16-2357 (termination of parental rights), and 16- 4603.11 (custody under emergency circumstances), the petition and order must be served upon respondent and any person who has physical custody of the child by any method authorized for the service of complaints under the rules for domestic relations proceedings adopted by the Board of Judges of the Superior Court of the District of Columbia.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 309 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Unless the court issues a temporary emergency order pursuant to section 16-4602.04, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child-custody determination has not been registered and confirmed under section 16-4603.05 and that:
(A) The issuing court did not have jurisdiction under subchapter II of this chapter;
(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter; or
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 16-4601.07, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under section 16-4603.05 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.
(b) The court shall award the fees, costs, and expenses authorized under section 16-4603.12 and may grant additional relief, including a request for the assistance of the Metropolitan Police Department or other law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 310 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(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 the District.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from the District, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 16-4603.08(b).
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout the District. 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 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 placement of a child to ensure the appearance of the child and the child's custodian.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 311 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, 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 may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 312 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
A court of the District shall accord full faith and credit to an order issued by a court of another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter II of this chapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 313 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
An appeal may be taken from a final order in a proceeding under this subchapter. The appeal shall be considered on an expedited basis. Unless the court enters a temporary emergency order under section 16-4602.04, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 314 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General for the District of Columbia may take any lawful action, including resort to a proceeding under this subchapter 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:
(1) An existing child-custody determination;
(2) A request to do so from a court in a pending child-custody proceeding;
(3) A reasonable belief that a criminal statute has been violated; or
(4) 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.
(b) A member of the Office of the Attorney General for the District of Columbia acting under this section acts on behalf of the court and may not represent any party.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(1), 56 DCR 1572.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-378, in the section heading and subsecs. (a) and (b), substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Law 17-378, the "Uniform Child Abduction Act of 2008", was introduced in Council and assigned Bill No. 17-626 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on November 18, 2008, and December 2, 2008, respectively. Signed by the Mayor on January 29, 2009, it was assigned Act No. 17-716 and transmitted to both Houses of Congress for its review. D.C. Law 17-378 became effective on March 25, 2009.
Uniform Law
This section is based upon § 315 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
At the request of a member of the Office of the Attorney General for the District of Columbia acting under section 16-4603.15, a member of the Metropolitan Police Department or other law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the Office of the Attorney General for the District of Columbia with responsibilities under section 16-4603.15.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(2), 56 DCR 1572.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-378 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
For Law 17-378, see notes following § 16-4603.15.
Uniform Law
This section is based upon § 316 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the Office of the Attorney General for the District of Columbia and Metropolitan Police Department or other law enforcement officers under section 16-4603.15 or section 16- 4603.16.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(3), 56 DCR 1572.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-378 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
For Law 17-378, see notes following § 16-4603.15.
Uniform Law
This section is based upon § 317 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
