Post by Jim on Jun 28, 2009 17:17:03 GMT -5
Georgia UCCJEA
Ga. Code Ann. § 19-9-40 et seq.
§ 19-9-40. Short title
This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
§ 19-9-41. Definitions
In this article:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(2) "Child" means an individual who has not attained 18 years of age.
(3) "Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a child. The term
includes a permanent, temporary, initial, and modification order. The term does not include an
order relating to child support or other monetary obligations of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental
rights, and protection from family violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement
under Part 3 of this article.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as a
parent for at least six consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months of age, the term means the state in
which the child lived from birth with any of the persons mentioned. A period of temporary
absence of any of the mentioned persons is part of the period.
(8) "Initial determination" means the first child custody determination concerning a
particular child.
(9) "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under this article.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government; governmental subdivision,
agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
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(A) Has physical custody of the child or has had physical custody for a period of six
consecutive months, including any temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(B) Has been awarded legal custody by a court or claims a right to legal custody under
the law of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
the United States.
(16) "Tribe" means an Indian tribe or band or Alaskan Native village which is recognized
by federal law or formally acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.
§ 19-9-42. Article inapplicable to adoptions or authorizations for emergency care
This article does not govern an adoption proceeding or a proceeding pertaining to the
authorization of emergency medical care for a child.
§ 19-9-43. Proceeding pertaining to Indian child exempted from article
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child
Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it 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 this part and Part 2 of this article.
(c) A child custody determination made by a tribe under factual circumstances in substantial
conformity with the jurisdictional standards of this article must be recognized and enforced
under Part 3 of this article.
§ 19-9-44. Child custody determinations of foreign country
(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 this part and Part 2 of this article.
(b) Except as otherwise provided in subsection (c) of this Code section, a child custody
determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this article must be recognized and enforced under Part 3 of
this article.
(c) A court of this state need not apply this article if the child custody law of a foreign
country violates fundamental principles of human rights.
§ 19-9-45. Binding authority of child custody determination
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A child custody determination made by a court of this state that had jurisdiction under this
article binds all persons who have been served in accordance with the laws of this state or
notified in accordance with Code Section 19-9-47 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.
§ 19-9-46. Priority given question of existence or exercise of jurisdiction
If a question of existence or exercise of jurisdiction under this article is raised in a child
custody proceeding, the question, upon request of a party, must be given priority on the calendar
and handled expeditiously.
§ 19-9-47. Notice and proof of service on persons outside the state
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be
given in a manner prescribed by the law of this state for service of process or by the law of the
state in which the service is made. Notice must 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 law of this state or by the
law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits
to the jurisdiction of the court.
§ 19-9-48. Personal jurisdiction not obtained in other matters; service of process
(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
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 subsection (a) of this Code section does not extend to civil
litigation based on acts unrelated to the participation in a proceeding under this article committed
by an individual while present in this state.
§ 19-9-49. Communication between court of this state and other states; "record" defined
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(a) A court of this state may communicate with a court in another state concerning a
proceeding arising under this article and concerning any proceeding or court order in another
state relating to family violence. A court of this state may consult any state or national registry of
court orders relating to family violence with regard to any party.
(b) The court may allow the parties to participate in the communication. If the parties are not
able to participate in the communication, they must be given the opportunity to present facts and
legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, 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 subsection (c) of this Code section, a record must be
made of any communication under this Code section. The parties must be informed promptly of
the communication and granted access to the record.
(e) For the purposes of this Code 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.
§ 19-9-50. Testimony by deposition; electronic deposition; evidence transmitted by
technological means not to be excluded
(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.
§ 19-9-51. Hearings and studies in another state; costs
(a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a
pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the
hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the
request; and
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(5) Order a party to a child custody proceeding or any person having physical custody of
the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter
an order described in subsection (a) of this Code section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and
(b) of this Code section may be assessed against the parties according to the law of this state.
(d) 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 those records.
§ 19-9-61. Jurisdiction requirements for initial child custody determinations; physical
presence alone insufficient
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction
to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within 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 paragraph (1) of this
subsection, or a court of the home state of the child has declined to exercise jurisdiction on the
ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:
(A) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have
declined to exercise jurisdiction on the ground that a court of this state is the more appropriate
forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or
(4) No court of any other state would have jurisdiction under the criteria specified in
paragraph (1), (2), or (3) of this subsection.
(b) Subsection (a) of this Code 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.
§ 19-9-62. Prerequisites for termination of exclusive, continuing jurisdiction
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made
a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive,
continuing jurisdiction over the determination until:
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(1) A court of this state determines that neither the child nor the child's parents or any
person acting as a parent has a significant connection with this state and that substantial evidence
is no longer available in this state concerning the child's care, protection, training, and personal
relationships; or
(2) A court of this state or a court of another state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in this state.
(b) A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this Code section may modify that determination only if
it has jurisdiction to make an initial determination under Code Section 19-9-61.
§ 19-9-61. Jurisdiction requirements for initial child custody determinations; physical
presence alone insufficient
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction
to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within 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 paragraph (1) of this
subsection, or a court of the home state of the child has declined to exercise jurisdiction on the
ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:
(A) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have
declined to exercise jurisdiction on the ground that a court of this state is the more appropriate
forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or
(4) No court of any other state would have jurisdiction under the criteria specified in
paragraph (1), (2), or (3) of this subsection.
(b) Subsection (a) of this Code 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.
§ 19-9-62. Prerequisites for termination of exclusive, continuing jurisdiction
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made
a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive,
continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child nor the child's parents or any
person acting as a parent has a significant connection with this state and that substantial evidence
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is no longer available in this state concerning the child's care, protection, training, and personal
relationships; or
(2) A court of this state or a court of another state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in this state.
(b) A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this Code section may modify that determination only if
it has jurisdiction to make an initial determination under Code Section 19-9-61.
§ 19-9-63. Prerequisites for modifying custody determination from foreign court
Except as otherwise provided in Code Section 19-9-64, 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 paragraph (1) or (2) of subsection (a) of Code
Section 19-9-61 and:
(1) The court of the other state determines it no longer has exclusive, continuing
jurisdiction under Code Section 19-9-62 or that a court of this state would be a more convenient
forum under Code Section 19-9-67; or
(2) A court of this state or a court of the other state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in the other state.
§ 19-9-64. Temporary emergency jurisdiction; continuing effect; communicating with
other courts
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state
and the child has been abandoned or it is necessary in an emergency to protect the child because
the child or a sibling or parent of the child is subjected to or threatened with mistreatment or
abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under
this article and a child custody proceeding has not been commenced in a court of a state having
jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made
under this Code section remains in effect until an order is obtained from a court of a state having
jurisdiction under Code Sections 19-9-61 through 19-9-63. If a child custody proceeding has not
been or is not commenced in a court of a state having jurisdiction under Code Sections 19-9-61
through 19-9-63, a child custody determination made under this Code section becomes a final
determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this
article, or a child custody proceeding has been commenced in a court of a state having
jurisdiction under Code Sections 19-9-61 and 19-9-63, any order issued by a court of this state
under this Code section must specify in the order a period that the court considers adequate to
allow the person seeking an order to obtain an order from the state having jurisdiction under
Code Sections 19-9-61 through 19-9-63. The order issued in this state remains in effect until an
order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under
this Code section, upon being informed that a child custody proceeding has been commenced in,
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or a child custody determination has been made by, a court of a state having jurisdiction under
Code Sections 19-9-61 through 19-9-63, shall immediately communicate with the other court. A
court of this state which is exercising jurisdiction pursuant to Code Sections 19-9-61 through 19-
9-63, upon being informed that a child custody proceeding has been commenced in, or a child
custody determination has been made by, a court of another state under a statute similar to this
Code section, shall immediately communicate with the court of that state to resolve the
emergency, protect the safety of the parties and the child, and determine a period for the duration
of the temporary order.
§ 19-9-65. Notice required; intervention
(a) Before a child custody determination is made under this article, notice and an opportunity
to be heard in accordance with the standards of Code Section 19-9-47 must be given to all
persons entitled to notice under the law of this state as in a child custody proceeding 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 article 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 article are governed by the law of this state as in child custody proceedings
between residents of this state.
§ 19-9-66. Procedure where proceedings pending in another state
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state may not
exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a
proceeding concerning the custody of the child has been commenced in a court of another state
having jurisdiction substantially in conformity with this article; 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 Code Section 19-9-67.
(b) Except as otherwise provided in Code Section 19-9-64, 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 Code Section 19-9-69. If the court determines that a child
custody proceeding has been commenced in a court in another state having jurisdiction
substantially in accordance with this article, 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 article does not determine that the court of this state is a
more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in another
state. If a proceeding to enforce a child custody determination has been commenced in another
state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the
other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
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(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
§ 19-9-67. Finding of inconvenient forum; conditions
(a) A court of this state which has jurisdiction under this article to make a child custody
determination may decline to exercise its jurisdiction at any time if it determines that it is an
inconvenient forum under the circumstances and that a court of another state is a more
appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the
court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including:
(1) Whether family violence has occurred and is likely to continue in the future and which
state could best protect the parties and the child;
(2) The length of time the child has resided outside this state;
(3) The distance between the court in this state and the court in the state that would assume
jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues in the pending
litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition that a
child custody proceeding be promptly commenced in another designated state and may impose
any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this article 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.
§ 19-9-68. Wrongfully obtained jurisdiction; actions to prevent repetition of unjustifiable
conduct; expenses
(a) Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a
court of this state has jurisdiction under this article because a person seeking to invoke its
jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its
jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
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(2) A court of the state otherwise having jurisdiction under Code Sections 19-9-61 through
19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or
(3) No court of any other state would have jurisdiction under the criteria specified in Code
Sections 19-9-61 through 19-9-63.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this
Code 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 Code Sections 19-9-61 through
19-9-63.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection (a) of this Code section, it shall assess against the party
seeking to invoke its jurisdiction necessary and reasonable expenses including costs,
communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings, unless the party from whom fees
are sought establishes that the assessment would be clearly inappropriate. The court may not
assess fees, costs, or expenses against this state unless authorized by law other than this article.
§ 19-9-69. Information required as part of pleading or affidavit; continuing duty; sealing
of information; children residing in family violence shelters
(a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit,
shall give information, if reasonably ascertainable, under oath as to the child's present address or
whereabouts, the places where the child has lived during the last five years, and the names and
present addresses of the persons with whom the child has lived during that period. The pleading
or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding
concerning the custody of or visitation with the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to family violence, protective orders,
termination of parental rights, and adoptions and, if so, identify the court, the case number, and
the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has
physical custody of the child or claims rights of legal custody or physical custody of, or
visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) of this Code section is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding until the information is
furnished.
(c) If the declaration as to any of the items described in paragraphs (1) through (3) of
subsection (a) of this Code section is in the affirmative, the declarant shall give additional
information under oath as required by the court. The court may examine the parties under oath as
to details of the information furnished and other matters pertinent to the court's jurisdiction and
the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any
other state that could affect the current proceeding.
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(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty
of a party or child would be jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the public unless the court orders
the disclosure to be made after a hearing in which the court takes into consideration the health,
safety, or liberty of the party or child and determines that the disclosure is in the interest of
justice.
(f) In providing the information required by subsection (a) of this Code section, a party who
is disclosing that the child is or has been a resident of a family violence shelter shall provide only
the name of the shelter and the state in which the shelter is located to avoid a violation of Code
Section 19-13-23. A disclosure of the name of the shelter and the state in which the shelter is
located shall be sufficient for the purposes of subsection (a) of this Code section.
§ 19-9-70. Requiring appearance for in state and out of state residents; other court orders
(a) In a child custody proceeding in this state, the court may order a party to the proceeding
who is in this state to appear before the court in person with or without the child. The court may
order any person who is in this state and who has physical custody or control of the child to
appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside
this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a
statement directing the party to appear in person with or without the child and informing the
party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any
person ordered to appear under this Code section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear
under subsection (b) of this Code section or desires to appear personally before the court with or
without the child, the court may require another party to pay reasonable and necessary travel and
other expenses of the party so appearing and of the child.
§ 19-9-81. Definitions
As used in this part, 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.
§ 19-9-82. Orders made under the Hague Convention
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Under this part a court of this state may enforce an order for the return of the child made under
the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child
custody determination.
§ 19-9-83. Recognition of foreign custody decrees; remedies
(a) A court of this state shall recognize and enforce a child custody determination of a court of
another state if the latter court exercised jurisdiction in substantial conformity with this article or
the determination was made under factual circumstances meeting the jurisdictional standards of
this article and the determination has not been modified in accordance with this article.
(b) A court of this state may utilize any remedy available under other laws of this state to
enforce a child custody determination made by a court of another state. The remedies provided in
this part are cumulative and do not affect the availability of other remedies to enforce a child
custody determination.
§ 19-9-84. Authority to enter temporary orders if lacking jurisdiction; remedy from court
with jurisdiction; victims of family violence
(a) A court of this state which does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child custody determination of another state that does not
provide for a specific visitation schedule.
(b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code
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 Part 2 of this
article. The order remains in effect until an order is obtained from the other court or the period
expires.
(c) If a court of another state or a court of this state has made a finding of family violence on
the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule
or the visitation provisions of a child custody determination of another state in accordance with
subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure
the safety of the child and of any person who has been the victim of family violence, including
but not limited to an order for supervised visitation pursuant to Code Section 19-9-7.
§ 19-9-85. Registering foreign custody determinations; requirements of registering court;
contesting registration; confirmation of registered order
(a) A child custody determination issued by a court of another state may be registered in this
state, with or without a simultaneous request for enforcement, by sending to the superior court in
the appropriate venue in this state:
(1) A letter or other document requesting registration;
Page 13
(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 Code Section 19-9-69, the name and address of the
person seeking registration and 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 Code 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 paragraph (3) of subsection (a) of this
Code section and provide them with an opportunity to contest the registration in accordance with
this Code section.
(c) The notice required by paragraph (2) of subsection (b) of this Code 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 this state;
(2) A hearing to contest the validity of the registered determination must be requested
within 20 days after service of 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 Part 2 of this article;
(2) The child custody determination sought to be registered has been vacated, stayed, or
modified by a court having jurisdiction to do so under Part 2 of this article; or
(3) The person contesting registration was entitled to notice, but notice was not given in
accordance with the standards of Code Section 19-9-47 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.
§ 19-9-86. Granting relief and enforcing registered custody determinations
(a) A court of this state may grant any relief normally available under the laws of this state to
enforce a registered child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in
accordance with Part 2 of this article, a registered child custody determination of a court of
another state.
Page 14
§ 19-9-87. Communication between enforcing court and modifying court
If a proceeding for enforcement under this part is commenced in a court of this state and the
court determines that a proceeding to modify the determination is pending in a court of another
state having jurisdiction to modify the determination under Part 2 of this article, 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.
§ 19-9-88. Verification and petition for enforcement requirements; sealing; appearance;
expenses
(a) A petition under this part 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 article 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 family 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, except in cases
involving a parent who has been the subject of a finding of family violence by a court of this
state or another state;
(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 law enforcement officials and, if so, the
relief sought; and
(6) If the child custody determination has been registered and confirmed under Code
Section 19-9-85, the date and place of registration.
(c) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of
a party or child would be jeopardized by disclosure of information required by this Code section,
the information must be sealed and may not be disclosed to the other party or the public unless
the court orders the disclosure to be made after a hearing in which the court takes into
consideration the health, safety, or liberty of the party or child and determines that the disclosure
is in the interest of justice.
(d) 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
Page 15
hearing on the first judicial day possible. The court may extend the date of hearing at the request
of the petitioner.
(e) An order issued under subsection (d) of this Code 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 Code Section 19-9-92, 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 Code
Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article;
(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 Part 2 of this article;
(C) The respondent was entitled to notice, but notice was not given in accordance with
the standards of Code Section 19-9-47, 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 Code Section 19-9-85, but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under Part 2 of this article.
§ 19-9-89. Service of petitions and orders
Except as otherwise provided in Code Section 19-9-91, the petition and order must be served,
by any method authorized by the laws of this state, upon respondent and any person who has
physical custody of the child.
§ 19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses;
drawing adverse inference from refusal to testify; spousal relationship irrelevant
(a) Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64,
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 Code
Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article;
(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 Part 2 of this article;
or
(C) The respondent was entitled to notice, but notice was not given in accordance with
the standards of Code Section 19-9-47, 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 Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under Part 2 of this article.
Page 16
(b) The court shall award the fees, costs, and expenses authorized under Code Section 19-9-
92 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.
(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 part.
§ 19-9-91. Verified application for warrant seeking physical custody; requirement for
serious physical harm; warrant requirements; enforceability; conditions
(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 immediately likely to suffer serious physical harm or be removed from
this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is
imminently likely to suffer serious physical harm or be removed from this state, it may issue a
warrant to take physical custody of the child. The petition must be heard on the next judicial day
after the warrant is executed unless that date is impossible. In that event, the court shall hold the
hearing on the first judicial day possible. The application for the warrant must include the
statements required by subsection (b) of Code Section 19-9-88.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal
from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the
child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. 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.
§ 19-9-92. Awarding of necessary and reasonable expenses
(a) The court shall award the prevailing party, including a state, necessary and reasonable
expenses incurred by or on behalf of the party, including costs, communication expenses,
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.
Page 17
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law
other than this article.
§ 19-9-93. Full faith and credit to orders of other states
A court of this state shall accord full faith and credit to an order issued by another state and
consistent with this article 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 Part 2 of this article.
§ 19-9-94. Appeals
An appeal may be taken from a final order in a proceeding under this article in accordance with
expedited appellate procedures in other civil cases. Unless the court enters a temporary
emergency order under Code Section 19-9-64, the enforcing court may not stay an order
enforcing a child custody determination pending appeal.
§ 19-9-95. Actions by district attorney
(a) In a case arising under this article or involving the Hague Convention on the Civil Aspects
of International Child Abduction, the district attorney may take any lawful action, including
resort to a proceeding under this part 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 district attorney acting under this Code section acts on behalf of the court and may not
represent any party.
§ 19-9-96. Assistance by law enforcement
At the request of a district attorney acting under Code Section 19-9-95, a law enforcement
officer may take any lawful action reasonably necessary to locate a child or a party and assist a
district attorney with responsibilities under Code Section 19-9-95.
§ 19-9-97. Recovering expenses of district attorney and law enforcement
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If the respondent is not the prevailing party, the court may assess against the respondent all
direct expenses and costs incurred by the district attorney and law enforcement officers under
Code Section 19-9-95 or 19-9-96.
§ 19-9-101. Promotion of uniformity between states
In applying and construing this uniform Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
§ 19-9-102. Application
A motion or other request for relief made in a child custody proceeding or to enforce a child
custody determination which was commenced before July 1, 2001, is governed by the law in
effect at the time the motion or other request was made.
§ 19-9-103. Construction
This article shall not be construed to repeal, amend, or impair the provisions of Code Section
19-13-23.
§ 19-9-104. "Conflicts with Child Custody Intrastate Jurisdiction Act."
In the event of any conflict between this article and Article 2 of this chapter, the "Georgia
Child Custody Intrastate Jurisdiction Act of 1978," this article shall apply.
Ga. Code Ann. § 19-9-40 et seq.
§ 19-9-40. Short title
This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
§ 19-9-41. Definitions
In this article:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(2) "Child" means an individual who has not attained 18 years of age.
(3) "Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a child. The term
includes a permanent, temporary, initial, and modification order. The term does not include an
order relating to child support or other monetary obligations of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical
custody, or visitation with respect to a child is an issue. The term includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental
rights, and protection from family violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement
under Part 3 of this article.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as a
parent for at least six consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months of age, the term means the state in
which the child lived from birth with any of the persons mentioned. A period of temporary
absence of any of the mentioned persons is part of the period.
(8) "Initial determination" means the first child custody determination concerning a
particular child.
(9) "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under this article.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government; governmental subdivision,
agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
Page 2
(A) Has physical custody of the child or has had physical custody for a period of six
consecutive months, including any temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(B) Has been awarded legal custody by a court or claims a right to legal custody under
the law of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
the United States.
(16) "Tribe" means an Indian tribe or band or Alaskan Native village which is recognized
by federal law or formally acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.
§ 19-9-42. Article inapplicable to adoptions or authorizations for emergency care
This article does not govern an adoption proceeding or a proceeding pertaining to the
authorization of emergency medical care for a child.
§ 19-9-43. Proceeding pertaining to Indian child exempted from article
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child
Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it 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 this part and Part 2 of this article.
(c) A child custody determination made by a tribe under factual circumstances in substantial
conformity with the jurisdictional standards of this article must be recognized and enforced
under Part 3 of this article.
§ 19-9-44. Child custody determinations of foreign country
(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 this part and Part 2 of this article.
(b) Except as otherwise provided in subsection (c) of this Code section, a child custody
determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this article must be recognized and enforced under Part 3 of
this article.
(c) A court of this state need not apply this article if the child custody law of a foreign
country violates fundamental principles of human rights.
§ 19-9-45. Binding authority of child custody determination
Page 3
A child custody determination made by a court of this state that had jurisdiction under this
article binds all persons who have been served in accordance with the laws of this state or
notified in accordance with Code Section 19-9-47 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.
§ 19-9-46. Priority given question of existence or exercise of jurisdiction
If a question of existence or exercise of jurisdiction under this article is raised in a child
custody proceeding, the question, upon request of a party, must be given priority on the calendar
and handled expeditiously.
§ 19-9-47. Notice and proof of service on persons outside the state
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be
given in a manner prescribed by the law of this state for service of process or by the law of the
state in which the service is made. Notice must 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 law of this state or by the
law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits
to the jurisdiction of the court.
§ 19-9-48. Personal jurisdiction not obtained in other matters; service of process
(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
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 subsection (a) of this Code section does not extend to civil
litigation based on acts unrelated to the participation in a proceeding under this article committed
by an individual while present in this state.
§ 19-9-49. Communication between court of this state and other states; "record" defined
Page 4
(a) A court of this state may communicate with a court in another state concerning a
proceeding arising under this article and concerning any proceeding or court order in another
state relating to family violence. A court of this state may consult any state or national registry of
court orders relating to family violence with regard to any party.
(b) The court may allow the parties to participate in the communication. If the parties are not
able to participate in the communication, they must be given the opportunity to present facts and
legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, 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 subsection (c) of this Code section, a record must be
made of any communication under this Code section. The parties must be informed promptly of
the communication and granted access to the record.
(e) For the purposes of this Code 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.
§ 19-9-50. Testimony by deposition; electronic deposition; evidence transmitted by
technological means not to be excluded
(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.
§ 19-9-51. Hearings and studies in another state; costs
(a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a
pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the
hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the
request; and
Page 5
(5) Order a party to a child custody proceeding or any person having physical custody of
the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter
an order described in subsection (a) of this Code section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and
(b) of this Code section may be assessed against the parties according to the law of this state.
(d) 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 those records.
§ 19-9-61. Jurisdiction requirements for initial child custody determinations; physical
presence alone insufficient
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction
to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within 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 paragraph (1) of this
subsection, or a court of the home state of the child has declined to exercise jurisdiction on the
ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:
(A) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have
declined to exercise jurisdiction on the ground that a court of this state is the more appropriate
forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or
(4) No court of any other state would have jurisdiction under the criteria specified in
paragraph (1), (2), or (3) of this subsection.
(b) Subsection (a) of this Code 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.
§ 19-9-62. Prerequisites for termination of exclusive, continuing jurisdiction
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made
a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive,
continuing jurisdiction over the determination until:
Page 6
(1) A court of this state determines that neither the child nor the child's parents or any
person acting as a parent has a significant connection with this state and that substantial evidence
is no longer available in this state concerning the child's care, protection, training, and personal
relationships; or
(2) A court of this state or a court of another state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in this state.
(b) A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this Code section may modify that determination only if
it has jurisdiction to make an initial determination under Code Section 19-9-61.
§ 19-9-61. Jurisdiction requirements for initial child custody determinations; physical
presence alone insufficient
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction
to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within 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 paragraph (1) of this
subsection, or a court of the home state of the child has declined to exercise jurisdiction on the
ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:
(A) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have
declined to exercise jurisdiction on the ground that a court of this state is the more appropriate
forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or
(4) No court of any other state would have jurisdiction under the criteria specified in
paragraph (1), (2), or (3) of this subsection.
(b) Subsection (a) of this Code 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.
§ 19-9-62. Prerequisites for termination of exclusive, continuing jurisdiction
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made
a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive,
continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child nor the child's parents or any
person acting as a parent has a significant connection with this state and that substantial evidence
Page 7
is no longer available in this state concerning the child's care, protection, training, and personal
relationships; or
(2) A court of this state or a court of another state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in this state.
(b) A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this Code section may modify that determination only if
it has jurisdiction to make an initial determination under Code Section 19-9-61.
§ 19-9-63. Prerequisites for modifying custody determination from foreign court
Except as otherwise provided in Code Section 19-9-64, 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 paragraph (1) or (2) of subsection (a) of Code
Section 19-9-61 and:
(1) The court of the other state determines it no longer has exclusive, continuing
jurisdiction under Code Section 19-9-62 or that a court of this state would be a more convenient
forum under Code Section 19-9-67; or
(2) A court of this state or a court of the other state determines that neither the child nor the
child's parents or any person acting as a parent presently resides in the other state.
§ 19-9-64. Temporary emergency jurisdiction; continuing effect; communicating with
other courts
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state
and the child has been abandoned or it is necessary in an emergency to protect the child because
the child or a sibling or parent of the child is subjected to or threatened with mistreatment or
abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under
this article and a child custody proceeding has not been commenced in a court of a state having
jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made
under this Code section remains in effect until an order is obtained from a court of a state having
jurisdiction under Code Sections 19-9-61 through 19-9-63. If a child custody proceeding has not
been or is not commenced in a court of a state having jurisdiction under Code Sections 19-9-61
through 19-9-63, a child custody determination made under this Code section becomes a final
determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this
article, or a child custody proceeding has been commenced in a court of a state having
jurisdiction under Code Sections 19-9-61 and 19-9-63, any order issued by a court of this state
under this Code section must specify in the order a period that the court considers adequate to
allow the person seeking an order to obtain an order from the state having jurisdiction under
Code Sections 19-9-61 through 19-9-63. The order issued in this state remains in effect until an
order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under
this Code section, upon being informed that a child custody proceeding has been commenced in,
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or a child custody determination has been made by, a court of a state having jurisdiction under
Code Sections 19-9-61 through 19-9-63, shall immediately communicate with the other court. A
court of this state which is exercising jurisdiction pursuant to Code Sections 19-9-61 through 19-
9-63, upon being informed that a child custody proceeding has been commenced in, or a child
custody determination has been made by, a court of another state under a statute similar to this
Code section, shall immediately communicate with the court of that state to resolve the
emergency, protect the safety of the parties and the child, and determine a period for the duration
of the temporary order.
§ 19-9-65. Notice required; intervention
(a) Before a child custody determination is made under this article, notice and an opportunity
to be heard in accordance with the standards of Code Section 19-9-47 must be given to all
persons entitled to notice under the law of this state as in a child custody proceeding 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 article 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 article are governed by the law of this state as in child custody proceedings
between residents of this state.
§ 19-9-66. Procedure where proceedings pending in another state
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state may not
exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a
proceeding concerning the custody of the child has been commenced in a court of another state
having jurisdiction substantially in conformity with this article; 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 Code Section 19-9-67.
(b) Except as otherwise provided in Code Section 19-9-64, 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 Code Section 19-9-69. If the court determines that a child
custody proceeding has been commenced in a court in another state having jurisdiction
substantially in accordance with this article, 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 article does not determine that the court of this state is a
more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in another
state. If a proceeding to enforce a child custody determination has been commenced in another
state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the
other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
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(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
§ 19-9-67. Finding of inconvenient forum; conditions
(a) A court of this state which has jurisdiction under this article to make a child custody
determination may decline to exercise its jurisdiction at any time if it determines that it is an
inconvenient forum under the circumstances and that a court of another state is a more
appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the
court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including:
(1) Whether family violence has occurred and is likely to continue in the future and which
state could best protect the parties and the child;
(2) The length of time the child has resided outside this state;
(3) The distance between the court in this state and the court in the state that would assume
jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues in the pending
litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition that a
child custody proceeding be promptly commenced in another designated state and may impose
any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this article 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.
§ 19-9-68. Wrongfully obtained jurisdiction; actions to prevent repetition of unjustifiable
conduct; expenses
(a) Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a
court of this state has jurisdiction under this article because a person seeking to invoke its
jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its
jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
Page 10
(2) A court of the state otherwise having jurisdiction under Code Sections 19-9-61 through
19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or
(3) No court of any other state would have jurisdiction under the criteria specified in Code
Sections 19-9-61 through 19-9-63.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this
Code 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 Code Sections 19-9-61 through
19-9-63.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection (a) of this Code section, it shall assess against the party
seeking to invoke its jurisdiction necessary and reasonable expenses including costs,
communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings, unless the party from whom fees
are sought establishes that the assessment would be clearly inappropriate. The court may not
assess fees, costs, or expenses against this state unless authorized by law other than this article.
§ 19-9-69. Information required as part of pleading or affidavit; continuing duty; sealing
of information; children residing in family violence shelters
(a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit,
shall give information, if reasonably ascertainable, under oath as to the child's present address or
whereabouts, the places where the child has lived during the last five years, and the names and
present addresses of the persons with whom the child has lived during that period. The pleading
or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding
concerning the custody of or visitation with the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to family violence, protective orders,
termination of parental rights, and adoptions and, if so, identify the court, the case number, and
the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has
physical custody of the child or claims rights of legal custody or physical custody of, or
visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) of this Code section is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding until the information is
furnished.
(c) If the declaration as to any of the items described in paragraphs (1) through (3) of
subsection (a) of this Code section is in the affirmative, the declarant shall give additional
information under oath as required by the court. The court may examine the parties under oath as
to details of the information furnished and other matters pertinent to the court's jurisdiction and
the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any
other state that could affect the current proceeding.
Page 11
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty
of a party or child would be jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the public unless the court orders
the disclosure to be made after a hearing in which the court takes into consideration the health,
safety, or liberty of the party or child and determines that the disclosure is in the interest of
justice.
(f) In providing the information required by subsection (a) of this Code section, a party who
is disclosing that the child is or has been a resident of a family violence shelter shall provide only
the name of the shelter and the state in which the shelter is located to avoid a violation of Code
Section 19-13-23. A disclosure of the name of the shelter and the state in which the shelter is
located shall be sufficient for the purposes of subsection (a) of this Code section.
§ 19-9-70. Requiring appearance for in state and out of state residents; other court orders
(a) In a child custody proceeding in this state, the court may order a party to the proceeding
who is in this state to appear before the court in person with or without the child. The court may
order any person who is in this state and who has physical custody or control of the child to
appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside
this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a
statement directing the party to appear in person with or without the child and informing the
party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any
person ordered to appear under this Code section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear
under subsection (b) of this Code section or desires to appear personally before the court with or
without the child, the court may require another party to pay reasonable and necessary travel and
other expenses of the party so appearing and of the child.
§ 19-9-81. Definitions
As used in this part, 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.
§ 19-9-82. Orders made under the Hague Convention
Page 12
Under this part a court of this state may enforce an order for the return of the child made under
the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child
custody determination.
§ 19-9-83. Recognition of foreign custody decrees; remedies
(a) A court of this state shall recognize and enforce a child custody determination of a court of
another state if the latter court exercised jurisdiction in substantial conformity with this article or
the determination was made under factual circumstances meeting the jurisdictional standards of
this article and the determination has not been modified in accordance with this article.
(b) A court of this state may utilize any remedy available under other laws of this state to
enforce a child custody determination made by a court of another state. The remedies provided in
this part are cumulative and do not affect the availability of other remedies to enforce a child
custody determination.
§ 19-9-84. Authority to enter temporary orders if lacking jurisdiction; remedy from court
with jurisdiction; victims of family violence
(a) A court of this state which does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child custody determination of another state that does not
provide for a specific visitation schedule.
(b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code
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 Part 2 of this
article. The order remains in effect until an order is obtained from the other court or the period
expires.
(c) If a court of another state or a court of this state has made a finding of family violence on
the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule
or the visitation provisions of a child custody determination of another state in accordance with
subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure
the safety of the child and of any person who has been the victim of family violence, including
but not limited to an order for supervised visitation pursuant to Code Section 19-9-7.
§ 19-9-85. Registering foreign custody determinations; requirements of registering court;
contesting registration; confirmation of registered order
(a) A child custody determination issued by a court of another state may be registered in this
state, with or without a simultaneous request for enforcement, by sending to the superior court in
the appropriate venue in this state:
(1) A letter or other document requesting registration;
Page 13
(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 Code Section 19-9-69, the name and address of the
person seeking registration and 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 Code 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 paragraph (3) of subsection (a) of this
Code section and provide them with an opportunity to contest the registration in accordance with
this Code section.
(c) The notice required by paragraph (2) of subsection (b) of this Code 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 this state;
(2) A hearing to contest the validity of the registered determination must be requested
within 20 days after service of 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 Part 2 of this article;
(2) The child custody determination sought to be registered has been vacated, stayed, or
modified by a court having jurisdiction to do so under Part 2 of this article; or
(3) The person contesting registration was entitled to notice, but notice was not given in
accordance with the standards of Code Section 19-9-47 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.
§ 19-9-86. Granting relief and enforcing registered custody determinations
(a) A court of this state may grant any relief normally available under the laws of this state to
enforce a registered child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in
accordance with Part 2 of this article, a registered child custody determination of a court of
another state.
Page 14
§ 19-9-87. Communication between enforcing court and modifying court
If a proceeding for enforcement under this part is commenced in a court of this state and the
court determines that a proceeding to modify the determination is pending in a court of another
state having jurisdiction to modify the determination under Part 2 of this article, 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.
§ 19-9-88. Verification and petition for enforcement requirements; sealing; appearance;
expenses
(a) A petition under this part 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 article 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 family 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, except in cases
involving a parent who has been the subject of a finding of family violence by a court of this
state or another state;
(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 law enforcement officials and, if so, the
relief sought; and
(6) If the child custody determination has been registered and confirmed under Code
Section 19-9-85, the date and place of registration.
(c) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of
a party or child would be jeopardized by disclosure of information required by this Code section,
the information must be sealed and may not be disclosed to the other party or the public unless
the court orders the disclosure to be made after a hearing in which the court takes into
consideration the health, safety, or liberty of the party or child and determines that the disclosure
is in the interest of justice.
(d) 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
Page 15
hearing on the first judicial day possible. The court may extend the date of hearing at the request
of the petitioner.
(e) An order issued under subsection (d) of this Code 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 Code Section 19-9-92, 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 Code
Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article;
(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 Part 2 of this article;
(C) The respondent was entitled to notice, but notice was not given in accordance with
the standards of Code Section 19-9-47, 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 Code Section 19-9-85, but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under Part 2 of this article.
§ 19-9-89. Service of petitions and orders
Except as otherwise provided in Code Section 19-9-91, the petition and order must be served,
by any method authorized by the laws of this state, upon respondent and any person who has
physical custody of the child.
§ 19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses;
drawing adverse inference from refusal to testify; spousal relationship irrelevant
(a) Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64,
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 Code
Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article;
(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 Part 2 of this article;
or
(C) The respondent was entitled to notice, but notice was not given in accordance with
the standards of Code Section 19-9-47, 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 Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under Part 2 of this article.
Page 16
(b) The court shall award the fees, costs, and expenses authorized under Code Section 19-9-
92 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.
(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 part.
§ 19-9-91. Verified application for warrant seeking physical custody; requirement for
serious physical harm; warrant requirements; enforceability; conditions
(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 immediately likely to suffer serious physical harm or be removed from
this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is
imminently likely to suffer serious physical harm or be removed from this state, it may issue a
warrant to take physical custody of the child. The petition must be heard on the next judicial day
after the warrant is executed unless that date is impossible. In that event, the court shall hold the
hearing on the first judicial day possible. The application for the warrant must include the
statements required by subsection (b) of Code Section 19-9-88.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal
from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the
child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. 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.
§ 19-9-92. Awarding of necessary and reasonable expenses
(a) The court shall award the prevailing party, including a state, necessary and reasonable
expenses incurred by or on behalf of the party, including costs, communication expenses,
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.
Page 17
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law
other than this article.
§ 19-9-93. Full faith and credit to orders of other states
A court of this state shall accord full faith and credit to an order issued by another state and
consistent with this article 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 Part 2 of this article.
§ 19-9-94. Appeals
An appeal may be taken from a final order in a proceeding under this article in accordance with
expedited appellate procedures in other civil cases. Unless the court enters a temporary
emergency order under Code Section 19-9-64, the enforcing court may not stay an order
enforcing a child custody determination pending appeal.
§ 19-9-95. Actions by district attorney
(a) In a case arising under this article or involving the Hague Convention on the Civil Aspects
of International Child Abduction, the district attorney may take any lawful action, including
resort to a proceeding under this part 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 district attorney acting under this Code section acts on behalf of the court and may not
represent any party.
§ 19-9-96. Assistance by law enforcement
At the request of a district attorney acting under Code Section 19-9-95, a law enforcement
officer may take any lawful action reasonably necessary to locate a child or a party and assist a
district attorney with responsibilities under Code Section 19-9-95.
§ 19-9-97. Recovering expenses of district attorney and law enforcement
Page 18
If the respondent is not the prevailing party, the court may assess against the respondent all
direct expenses and costs incurred by the district attorney and law enforcement officers under
Code Section 19-9-95 or 19-9-96.
§ 19-9-101. Promotion of uniformity between states
In applying and construing this uniform Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
§ 19-9-102. Application
A motion or other request for relief made in a child custody proceeding or to enforce a child
custody determination which was commenced before July 1, 2001, is governed by the law in
effect at the time the motion or other request was made.
§ 19-9-103. Construction
This article shall not be construed to repeal, amend, or impair the provisions of Code Section
19-13-23.
§ 19-9-104. "Conflicts with Child Custody Intrastate Jurisdiction Act."
In the event of any conflict between this article and Article 2 of this chapter, the "Georgia
Child Custody Intrastate Jurisdiction Act of 1978," this article shall apply.