C.R.S. Section 14-13-308
Expedited enforcement of child-custody determination


(1)

A petition under this part 3 in which the petitioner is seeking expedited enforcement pursuant to this section 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.

(2)

A petition for expedited enforcement of a child-custody determination pursuant to this section must state:

(a)

Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(b)

Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this article and, if so, the identity of the court, the case number, and the nature of the proceeding;

(c)

Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence or domestic abuse, protective orders or restraining orders, termination of parental rights, and adoptions and, if so, the identity of the court, the case number, and the nature of the proceeding;

(d)

The present physical address of the child and the respondent, if known;

(e)

Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(f)

If the child-custody determination has been registered and confirmed under section 14-13-305, the date and place of registration.

(3)

Upon the filing of a petition for expedited enforcement pursuant to this section, the court shall issue an order directing the respondent to appear in person at a hearing, with or without the child, 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.

(4)

An order issued under subsection (3) 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 14-13-312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(a)

The child-custody determination has not been registered and confirmed under section 14-13-305 and that:

(I)

The issuing court did not have jurisdiction under a provision of law adopted by that state that is in substantial conformity with part 2 of this article;

(II)

The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under a provision of law adopted by that state that is in substantial conformity with part 2 of this article;

(III)

The respondent was entitled to notice, but notice was not given in accordance with the standards substantially in conformity with the standards of section 14-13-108, 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 a provision of law adopted by that state that is in substantial conformity with section 14-13-304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under a provision of law adopted by that state that is in substantial conformity with part 2 of this article.

Source: Section 14-13-308 — Expedited enforcement of child-custody determination, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑13‑101
Short title
14‑13‑102
Definitions
14‑13‑103
Proceedings governed by other law
14‑13‑104
International application of article
14‑13‑105
Effect of child-custody determination
14‑13‑106
Priority
14‑13‑108
Notice to persons outside state
14‑13‑109
Appearance and limited immunity
14‑13‑110
Communication between courts
14‑13‑111
Taking testimony in another state
14‑13‑112
Cooperation between courts - preservation of records
14‑13‑201
Initial child-custody jurisdiction
14‑13‑202
Exclusive, continuing jurisdiction
14‑13‑203
Jurisdiction to modify determination
14‑13‑204
Temporary emergency jurisdiction
14‑13‑205
Notice - opportunity to be heard - joinder
14‑13‑206
Simultaneous proceedings
14‑13‑207
Inconvenient forum
14‑13‑208
Jurisdiction declined by reason of conduct
14‑13‑209
Information to be submitted to court
14‑13‑210
Appearance of parties and child
14‑13‑301
Definitions
14‑13‑302
Enforcement under Hague Convention
14‑13‑303
Duty to enforce
14‑13‑304
Temporary visitation or parenting time
14‑13‑305
Registration of child-custody determination
14‑13‑306
Enforcement of registered determination
14‑13‑307
Simultaneous proceedings
14‑13‑308
Expedited enforcement of child-custody determination
14‑13‑309
Service of petition and order
14‑13‑310
Hearing and order
14‑13‑311
Warrant to take physical custody of child
14‑13‑312
Costs, fees, and expenses
14‑13‑313
Recognition and enforcement
14‑13‑314
Appeals
14‑13‑401
Application and construction
14‑13‑402
Severability clause
14‑13‑403
Transitional provision
Green check means up to date. Up to date

Current through Fall 2024

§ 14-13-308’s source at colorado​.gov