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Jeanne M. Hannah

(A) When a parent seeks to register an out-of-state child custody determination in order to modify it, they have to swear under oath that the order has never been modified or vacated and they must provide the name and address of the other parent.
(B) On receipt of the documents required by subsection (A), the registering court shall:
(1) cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2) serve notice upon the persons named pursuant to subsection (A)(3) and provide them with an opportunity to contest the registration in accordance with this section.
(C) The notice required by subsection (B)(2) 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 twenty 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 twenty 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 Sub-article 2;
(2) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Sub-article 2; or
(3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 20-7-60 14, 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.

NOTE that it is important to file a timely objection. If a parent fails to object within the twenty days, then all objections are waived and cannot be raised again.

Sam Porter

What happens if one side successfully registers foreign orders in the non-home state BUT the orders are no longer correct (they were modified in the home state before registration)?

Then the side successfully has these wrong orders entered, they ask for an enforcement on them and the referee grants this.

Could the (pro per) party file a motion to dismiss the case or should she just file an objection to referee's ruling and ask for a de novo hearing in front of the judge?

Jeanne M. Hannah

Christine, perhaps an example would be more instructive.

Mom and Dad are divorced in North Carolina and Mom is awarded primary custody. She is permitted to move with the children to Illinois. Dad will then want to register the North Carolina judgment in Illinois so that he may enforce parenting time if Mom refuses to obey the Judgment. Or, Mom may want to register the judgment in Illinois so that she can modify it to deny any parenting time outside the US because she's afraid Dad will take the children to a foreign country and keep them there.

Whichever parent wants to register the judgment must use the procedures described above and file it in the court that handles child custody matters in the county where Mom and the children are living.


Exactly where does the foreign judgment get registered? In the county where the non-custodial parent resides or in a central state agency?

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