Ohio Revised Code Search
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Section 3127.19 | Notice and opportunity to be heard.
...ll persons entitled to notice under the law of this state as in child custody proceedings 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 chapter 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 a... |
Section 3127.20 | Custody proceeding pending in another state.
...nying, or dismissing the proceeding for enforcement; (2) Enjoin the parties from continuing with the proceeding for enforcement; (3) Upon the demonstration of an emergency, proceed with the modification under conditions the court considers appropriate. |
Section 3127.21 | Jurisdiction declined - forum non conveniens.
...(A) A court of this state that has jurisdiction under this chapter 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 convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the request of another cou... |
Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
... 3127.18 of the Revised Code or another law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless one of the following applies: (1) The parents and all persons acting as parents have agreed to the exercise of jurisdiction. (2) A court of the stat... |
Section 3127.23 | Contents of pleading or affidavit.
...t proceeding, including proceedings for enforcement of child custody determinations, proceedings relating to domestic violence or protection orders, proceedings to adjudicate the child as an abused, neglected, or dependent child, proceedings seeking termination of parental rights, and adoptions, and, if so, the court, the case number, and the nature of the proceeding; (3) Whether the party knows of any person who is... |
Section 3127.24 | Order to appear - costs.
...(A) The court may order any party to a child custody proceeding who is in this state to appear personally before the court 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 personally with the child. (B) If a party to a child custody proceeding whose presence is desired by the court is outside this state with or without the ... |
Section 3127.31 | Definitions - petitioner and respondent.
...) "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. (B) "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 Abduc... |
Section 3127.32 | Enforcement of order for return of child under Hague convention.
...Under this chapter, and subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court with appropriate jurisdiction may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. |
Section 3127.33 | Recognition of custody determination of non-Ohio court.
...ay use any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in sections 3127.31 to 3127.47 of the Revised Code are cumulative and do not affect the availability of other remedies to enforce a child custody determination. |
Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
...(A) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of the following: (1) A parenting time or visitation schedule made by a court of another state; (2) The parenting time or visitation provisions of a child custody determination of another state that does not provide for a specific parenting time or visitation schedule. (B) ... |
Section 3127.35 | Registration of child custody determination by non-Ohio court - contest of validity.
...egistration is confirmed as a matter of law and the person requesting registration and all persons served in accordance with division (B)(2) of this section must be notified of the confirmation. (F) Confirmation of a registered child custody determination, whether by operation of law or after notice and hearing, precludes further contest of the determination with respect to any matter that could have been asserted a... |
Section 3127.36 | Enforcement of registered custody determination by non-Ohio court.
...any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (B) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court and each other court of this state shall recognize and enforce, but may not modify except in accordance with sections 3127.15 to 3127.24 of the Revised Code, a registered child custody determi... |
Section 3127.37 | Communication with non-Ohio court where modification proceeding pending.
...f the Revised Code, if a proceeding for enforcement under sections 3127.31 to 3127.46 of the Revised Code is commenced in a juvenile court or other court of this state with appropriate jurisdiction 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 sections 3127.15 to 3127.24 of the Revised Code or a simil... |
Section 3127.38 | Petition for enforcement of custody determination - procedure - order.
...including a request for assistance from law enforcement officials and, if so, the relief sought; (6) If the child custody determination has been registered and confirmed under section 3127.35 of the Revised Code, the date and place of registration. (C) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any o... |
Section 3127.39 | Service of petition and order.
...Except as otherwise provided in section 3127.41 of the Revised Code, the petition and order shall be served by any method authorized by the Rules of Civil Procedure upon respondent and any person who has physical custody of the child. |
Section 3127.40 | Order to take immediate physical possession of child - additional relief - privileges.
...cluding a request for the assistance of law enforcement officials, and shall set a further hearing to determine whether the additional relief is appropriate. (C) If a party called to testify in a proceeding to enforce a child custody determination refuses to answer on the basis that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (D) A privilege against disclosure ... |
Section 3127.41 | Warrant to take physical custody where imminent danger of harm or removal.
... the jurisdiction is based; (2) Direct law enforcement officers to take physical custody of the child immediately; (3) Provide for the placement of the child pending final relief. (D) The respondent shall 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 fi... |
Section 3127.42 | Award of fees, expenses and costs to prevailing party.
...ivision of a state unless authorized by law other than this chapter. |
Section 3127.43 | Full faith and credit to orders issued by court of another state.
...A court of this state shall accord full faith and credit to an order issued by another state consistent with this chapter that 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 sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state. |
Section 3127.44 | Appeal from final order.
...An appeal may be taken from a final order in a proceeding under sections 3127.31 to 3127.47 of the Revised Code. The supreme court of this state shall, by rule, provide for expedited appellate review of cases appealed under this section. Unless the court enters a temporary emergency order under section 3127.18 of the Revised Code, the enforcing court may not stay an order enforcing a child custody determination pendi... |
Section 3127.45 | Actions to locate, obtain return of child, or enforce custody determination.
... Abduction, the prosecutor may take any lawful action, including resort to a proceeding under sections 3127.31 to 3127.47 of the Revised Code 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 any of the following: (1) An existing child custody determination; (2) A request to locate a child, obtain the return of a child, or ... |
Section 3127.46 | Authorized enforcement actions by law enforcement officer.
...tion 3127.45 of the Revised Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the prosecutor or appropriate public official with responsibilities under section 3127.45 of the Revised Code. |
Section 3127.47 | Assessment of enforcement expenses and costs against losing party.
...her appropriate public official and law enforcement officers under section 3127.45 or 3127.46 of the Revised Code. |
Section 3127.51 | Construction of chapter to promote uniformity.
... uniform child custody jurisdiction and enforcement act. |
Section 3127.52 | Provisions of chapter severable.
...If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. |