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§ 598b-308 — Iowa Law | CourtGPT
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  5. Chapter 598b - Uniform Child-custody Jurisdiction and Enforcement/
  6. § 598b-308
Iowa Legal Code

§ 598b-308

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598B.308 Expedited enforcement of child-custody determination. 1. A petition under this article 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 ofa certified copy of an order may be attached instead of the original. 2. A petition for enforcement of a child-custody determination must state all of the following: a. Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was. b. Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identifythe court, the case number, and the nature of the proceeding. c. Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination ofparental rights, and adoptions and, if so, identify the court, the case number, and the natureof the proceeding. d. The present physical address of the child and the respondent, if known.e.

ination ofparental rights, and adoptions and, if so, identify the court, the case number, and the natureof the proceeding. d. The present physical address of the child and the respondent, if known.e. Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so,the relief sought. f. If the child-custody determination has been registered and confirmed under section 598B.305, the date and place of registration. 3. 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 toensure the safety of the parties and the child. The hearing must be held on the next judicialday after service of the order unless that date is impossible. In that event, the court shall holdthe hearing on the first judicial day possible. The court may extend the date of hearing at therequest of the petitioner. 4. An order issued under subsection 3 must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner

therequest of the petitioner. 4. An order issued under subsection 3 must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner maytake immediate physical custody of the child and the payment of fees, costs, and expensesunder section 598B.312, and may schedule a hearing to determine whether further relief isappropriate, unless the respondent appears and establishes either of the following: a. The child-custody determination has not been registered and confirmed under section 598B.305 and that any of the following apply: (1) The issuing court did not have jurisdiction under article II.(2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under article II. (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 598B.108, in the proceedings before the court that issued the orderfor which enforcement is sought. b. The child-custody determination for which enforcement is sought was registered and confirmed under section 598B.305, but has been vacated, stayed, or

sued the orderfor which enforcement is sought. b. The child-custody determination for which enforcement is sought was registered and confirmed under section 598B.305, but has been vacated, stayed, or modified by a court of astate having jurisdiction to do so under article II. 99 Acts, ch 103, §30; 2000 Acts, ch 1154, §37Referred to in §598B.311 Sat Dec 23 11:10:34 2023 Iowa Code 2024, Section 598B.308 (15, 1)