598B.101  SHORT TITLE.
         This chapter shall be known and may be cited as the "Uniform
      Child-custody Jurisdiction and Enforcement Act".
         99 Acts, ch 103, §1
         598B.102  DEFINITIONS.
         As used in this chapter, unless the context otherwise requires:
         1.  "Abandoned" means left without provision for reasonable and
      necessary care or supervision.
         2.  "Child" means an individual who has not attained eighteen
      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
      obligation 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 dissolution of
      marriage, separation, neglect, abuse, dependency, guardianship,
      paternity, termination of parental rights, and protection from
      domestic violence, in which the issue may appear.  The term does not
      include a proceeding involving juvenile delinquency, contractual
      emancipation, or enforcement under article III.
         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 chapter.
         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, or 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, to whom both of the following apply:
         a.  The person 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.
         b.  The person 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.
         99 Acts, ch 103, §2
         598B.103  PROCEEDINGS GOVERNED BY OTHER LAW.
         This chapter does not govern an adoption proceeding or a
      proceeding pertaining to the authorization of emergency medical care
      for a child.
         99 Acts, ch 103, §3
         598B.104  APPLICATION TO INDIAN TRIBES.
         1.  A child-custody proceeding that pertains to an Indian child as
      defined in the federal Indian Child Welfare Act, 25 U.S.C. § 1901 et
      seq., is not subject to this chapter to the extent that it is
      governed by the federal Indian Child Welfare Act.
         2.  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 article
      and article II.
         3.  A child-custody determination made by a tribe under factual
      circumstances in substantial conformity with the jurisdictional
      standards of this chapter must be recognized and enforced under
      article III.
         99 Acts, ch 103, §4
         598B.105  INTERNATIONAL APPLICATION.
         1.  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
      article and article II.
         2.  Except as otherwise provided in subsection 3, a child-custody
      determination made in a foreign country under factual circumstances
      in substantial conformity with the jurisdictional standards of this
      chapter must be recognized and enforced under article III.
         3.  A court of this state need not apply this chapter if the
      child-custody law of a foreign country violates fundamental
      principles of human rights.
         99 Acts, ch 103, §5
         598B.106  EFFECT OF CHILD-CUSTODY DETERMINATION.
         A child-custody determination made by a court of this state that
      had jurisdiction under this chapter binds all persons who have been
      served in accordance with the laws of this state, or notified in
      accordance with section 598B.108, 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.
         99 Acts, ch 103, §6; 2004 Acts, ch 1086, §96
         598B.107  PRIORITY.
         If a question of existence or exercise of jurisdiction under this
      chapter is raised in a child-custody proceeding, the question, upon
      request of a party, must be given priority on the calendar and
      handled expeditiously.
         99 Acts, ch 103, §7
         598B.108  NOTICE TO PERSONS OUTSIDE STATE.
         1.  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 shall be given in a manner
      reasonably calculated to give actual notice but may be by publication
      if other means are not effective.
         2.  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.
         3.  Notice is not required for the exercise of jurisdiction with
      respect to a person who submits to the jurisdiction of the court.
         99 Acts, ch 103, §8
         Referred to in § 598B.106, 598B.205, 598B.210, 598B.305, 598B.308,
      598B.310
         598B.109  APPEARANCE AND LIMITED IMMUNITY.
         1.  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.
         2.  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.
         3.  The immunity granted by subsection 1 does not extend to civil
      litigation based on acts unrelated to the participation in a
      proceeding under this chapter committed by an individual while
      present in this state.
         99 Acts, ch 103, §9
         598B.110  COMMUNICATION BETWEEN COURTS.
         1.  A court of this state may communicate with a court in another
      state concerning a proceeding arising under this chapter.
         2.  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.
         3.  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.
         4.  Except as otherwise provided in subsection 3, a record must be
      made of a communication under this section.  The parties must be
      informed promptly of the communication and granted access to the
      record.
         5.  For the purposes of this 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.
         99 Acts, ch 103, §10
         598B.111  TAKING TESTIMONY IN ANOTHER STATE.
         1.  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.
         2.  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.
         3.  Documentary evidence transmitted from another state to a court
      of this state by technological means that do not produce an original
      writing shall not be excluded from evidence on an objection based on
      the means of transmission.
         99 Acts, ch 103, §11
         598B.112  COOPERATION BETWEEN COURTS -- PRESERVATION OF RECORDS.
         1.  A court of this state may request the appropriate court of
      another state to do any or all of the following:
         a.  Hold an evidentiary hearing.
         b.  Order a person to produce or give evidence pursuant to
      procedures of that state.
         c.  Order that an evaluation be made with respect to the custody
      of a child involved in a pending proceeding.
         d.  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.
         e.  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.
         2.  Upon request of a court of another state, a court of this
      state may hold a hearing or enter an order described in subsection 1.

         3.  Travel and other necessary and reasonable expenses incurred
      under subsections 1 and 2 may be assessed against the parties
      according to the law of this state.
         4.  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 eighteen 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.
         99 Acts, ch 103, §12
         598B.201  INITIAL CHILD-CUSTODY JURISDICTION.
         1.  Except as otherwise provided in section 598B.204, a court of
      this state has jurisdiction to make an initial child-custody
      determination only if any of the following applies:
         a.  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.
         b.  A court of another state does not have jurisdiction under
      paragraph "a", 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 section 598B.207 or 598B.208 and both of the
      following apply:
         (1)  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.
         (2)  Substantial evidence is available in this state concerning
      the child's care, protection, training, and personal relationships.
         c.  All courts having jurisdiction under paragraph "a" or "b" 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 section 598B.207 or 598B.208.
         d.  No court of any other state would have jurisdiction under the
      criteria specified in paragraph "a", "b", or "c".
         2.  Subsection 1 is the exclusive jurisdictional basis for making
      a child-custody determination by a court of this state.
         3.  Physical presence of, or personal jurisdiction over, a party
      or a child is not necessary or sufficient to make a child-custody
      determination.
         99 Acts, ch 103, §13
         Referred to in § 598B.202, 598B.203, 598B.204, 598B.208
         598B.202  EXCLUSIVE, CONTINUING JURISDICTION.
         1.  Except as otherwise provided in section 598B.204, a court of
      this state which has made a child-custody determination consistent
      with section 598B.201 or 598B.203 has exclusive, continuing
      jurisdiction over the determination until any of the following
      occurs:
         a.  A court of this state determines that the child does not have,
      the child and one parent do not have, or the child and a person
      acting as a parent do not have 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.
         b.  A court of this state or a court of another state determines
      that the child, the child's parents, and any person acting as a
      parent do not presently reside in this state.
         2.  A court of this state which has made a child-custody
      determination and does not have exclusive, continuing jurisdiction
      under this section may modify that determination only if it has
      jurisdiction to make an initial determination under section 598B.201.

         99 Acts, ch 103, §14
         Referred to in § 598B.203, 598B.204, 598B.208
         598B.203  JURISDICTION TO MODIFY DETERMINATION.
         Except as otherwise provided in section 598B.204, a court of this
      state shall 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 section 598B.201, subsection 1,
      paragraph "a" or "b", and either of the following applies:
         1.  The court of the other state determines it no longer has
      exclusive, continuing jurisdiction under section 598B.202 or that a
      court of this state would be a more convenient forum under section
      598B.207.
         2.  A court of this state or a court of the other state determines
      that the child, the child's parents, and any person acting as a
      parent do not presently reside in the other state.
         99 Acts, ch 103, §15
         Referred to in § 598B.202, 598B.204, 598B.208
         598B.204  TEMPORARY EMERGENCY JURISDICTION.
         1.  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.
         2.  If there is no previous child-custody determination that is
      entitled to be enforced under this chapter and a child-custody
      proceeding has not been commenced in a court of a state having
      jurisdiction under sections 598B.201 through 598B.203, a
      child-custody determination made under this section remains in effect
      until an order is obtained from a court of a state having
      jurisdiction under sections 598B.201 through 598B.203.  If a
      child-custody proceeding has not been or is not commenced in a court
      of a state having jurisdiction under sections 598B.201 through
      598B.203, a child-custody determination made under this section
      becomes a final determination, if it so provides and this state
      becomes the home state of the child.
         3.  If there is a previous child-custody determination that is
      entitled to be enforced under this chapter, or a child-custody
      proceeding has been commenced in a court of a state having
      jurisdiction under sections 598B.201 through 598B.203, any order
      issued by a court of this state under this 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 sections 598B.201 through 598B.203.  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.
         4.  A court of this state which has been asked to make a
      child-custody determination under this section, upon being informed
      that a child-custody proceeding has been commenced in, or a
      child-custody determination has been made by, a court of a state
      having jurisdiction under sections 598B.201 through 598B.203, shall
      immediately communicate with the other court.  A court of this state
      which is exercising jurisdiction pursuant to sections 598B.201
      through 598B.203, 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 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.
         99 Acts, ch 103, §16; 2000 Acts, ch 1154, §36
         Referred to in § 598B.201, 598B.202, 598B.203, 598B.206, 598B.208,
      598B.310, 598B.314
         598B.205  NOTICE -- OPPORTUNITY TO BE HEARD -- JOINDER.
         1.  Before a child-custody determination is made under this
      chapter, notice and an opportunity to be heard in accordance with the
      standards of section 598B.108 must be given to all 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.
         2.  This chapter does not govern the enforceability of a
      child-custody determination made without notice or an opportunity to
      be heard.
         3.  The obligation to join a party and the right to intervene as a
      party in a child-custody proceeding under this chapter are governed
      by the law of this state as in child-custody proceedings between
      residents of this state.
         99 Acts, ch 103, §17
         598B.206  SIMULTANEOUS PROCEEDINGS.
         1.  Except as otherwise provided in section 598B.204, a court of
      this state shall not exercise its jurisdiction under this article 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 chapter, 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 section 598B.207.
         2.  Except as otherwise provided in section 598B.204, 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 section 598B.209.  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
      chapter, 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
      chapter does not determine that the court of this state is a more
      appropriate forum, the court of this state shall dismiss the
      proceeding.
         3.  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 do any of the following:
         a.  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.
         b.  Enjoin the parties from continuing with the proceeding for
      enforcement.
         c.  Proceed with the modification under conditions it considers
      appropriate.
         99 Acts, ch 103, §18
         598B.207  INCONVENIENT FORUM.
         1.  A court of this state which 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 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.
         2.  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 all of the following:
         a.  Whether domestic violence has occurred and is likely to
      continue in the future and which state could best protect the parties
      and the child.
         b.  The length of time the child has resided outside this state.
         c.  The distance between the court in this state and the court in
      the state that would assume jurisdiction.
         d.  The relative financial circumstances of the parties.
         e.  Any agreement of the parties as to which state should assume
      jurisdiction.
         f.  The nature and location of the evidence required to resolve
      the pending litigation, including testimony of the child.
         g.  The ability of the court of each state to decide the issue
      expeditiously and the procedures necessary to present the evidence.
         h.  The familiarity of the court of each state with the facts and
      issues in the pending litigation.
         3.  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.
         4.  A court of this state may decline to exercise its jurisdiction
      under this chapter if a child-custody determination is incidental to
      an action for dissolution of marriage or another proceeding while
      still retaining jurisdiction over the dissolution of marriage or
      other proceeding.
         99 Acts, ch 103, §19
         Referred to in § 598B.201, 598B.203, 598B.206, 598B.208
         598B.208  JURISDICTION DECLINED BY REASON OF CONDUCT.
         1.  Except as otherwise provided in section 598B.204 or by any
      other 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 any of the following
      applies:
         a.  The parents and all persons acting as parents have acquiesced
      in the exercise of jurisdiction.
         b.  A court of the state otherwise having jurisdiction under
      sections 598B.201 through 598B.203 determines that this state is a
      more appropriate forum under section 598B.207.
         c.  No court of any other state would have jurisdiction under the
      criteria specified in sections 598B.201 through 598B.203.
         2.  If a court of this state declines to exercise its jurisdiction
      pursuant to subsection 1, 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 sections 598B.201 through 598B.203.
         3.  If a court dismisses a petition or stays a proceeding because
      it declines to exercise its jurisdiction pursuant to subsection 1, it
      shall assess against the party seeking to invoke its jurisdiction
      necessary and reasonable expenses including costs, communication
      expenses, attorney fees, investigative fees, expenses for witnesses,
      travel expenses, and child care expenses during the course of the
      proceedings, unless the party from whom fees are sought establishes
      that the assessment would be clearly inappropriate.  The court shall
      not assess fees, costs, or expenses against this state unless
      authorized by law other than this chapter.
         99 Acts, ch 103, §20; 2000 Acts, ch 1058, §50
         Referred to in § 598B.201
         598B.209  INFORMATION TO BE SUBMITTED TO COURT.
         1.  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 has or knows all
      of the following:
         a.  Has participated, as a party or a 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.
         b.  Knows of any proceeding that could affect the current
      proceeding, including proceedings for enforcement and proceedings
      relating to domestic violence, protective orders, termination of
      parental rights, and adoptions and, if so, identify the court, the
      case number, and the nature of the proceeding.
         c.  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.
         2.  If the information required by subsection 1 is not furnished,
      the court, upon motion of a party or its own motion, may stay the
      proceeding until the information is furnished.
         3.  If the declaration as to any of the items described in
      subsection 1, paragraphs "a" through "c", 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.
         4.  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.
         5.  Upon a finding, which may be made ex parte, that the health,
      safety, or liberty of a party or child would be unreasonably put at
      risk by the disclosure of identifying information, or if an existing
      order so provides, the court shall order that the address of the
      party or child or other identifying information not be disclosed in a
      pleading or other document filed in a proceeding under this chapter.

         99 Acts, ch 103, §21
         Referred to in § 598B.206, 598B.305
         598B.210  APPEARANCE OF PARTIES AND CHILD.
         1.  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.
         2.  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 section 598B.108 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.
         3.  The court may enter any orders necessary to ensure the safety
      of the child and of any person ordered to appear under this section.

         4.  If a party to a child-custody proceeding who is outside this
      state is directed to appear under subsection 2 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.
         99 Acts, ch 103, §22
         598B.301  DEFINITIONS.
         As used in this article, unless the context otherwise requires:
         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.
         99 Acts, ch 103, §23
         598B.302  ENFORCEMENT UNDER HAGUE CONVENTION.
         Under this article, 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.
         99 Acts, ch 103, §24
         598B.303  DUTY TO ENFORCE.
         1.  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
      chapter or the determination was made under factual circumstances
      meeting the jurisdictional standards of this chapter and the
      determination has not been modified in accordance with this chapter.

         2.  A court of this state may utilize 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 this article
      are cumulative and do not affect the availability of other remedies
      to enforce a child-custody determination.
         99 Acts, ch 103, §25
         598B.304  TEMPORARY VISITATION.
         1.  A court of this state which does not have jurisdiction to
      modify a child-custody determination may issue a temporary order
      enforcing any of the following:
         a.  A visitation schedule made by a court of another state.
         b.  The visitation provisions of a child-custody determination of
      another state that does not provide for a specific visitation
      schedule.
         2.  If a court of this state makes an order under subsection 1,
      paragraph "b", 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 article II.
      The order remains in effect until an order is obtained from the other
      court or the period expires.
         99 Acts, ch 103, §26
         598B.305  REGISTRATION OF CHILD-CUSTODY DETERMINATION.
         1.  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 district court in this
      state all of the following:
         a.  A letter or other document requesting registration.
         b.  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.
         c.  Except as otherwise provided in section 598B.209, 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.
         2.  On receipt of the documents required by subsection 1, the
      registering court shall do all of the following:
         a.  Cause the determination to be filed as a foreign judgment,
      together with one copy of any accompanying documents and information,
      regardless of their form.
         b.  Serve notice upon the persons named pursuant to subsection 1,
      paragraph "c", and provide them with an opportunity to contest the
      registration in accordance with this section.
         3.  The notice required by subsection 2, paragraph "b", must state
      all of the following:
         a.  That 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.
         b.  That a hearing to contest the validity of the registered
      determination must be requested within twenty days after service of
      notice.
         c.  That 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.
         4.  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 any of
      the following:
         a.  That the issuing court did not have jurisdiction under article
      II.
         b.  That the child-custody determination sought to be registered
      has been vacated, stayed, or modified by a court having jurisdiction
      to do so under article II.
         c.  That the person contesting registration 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
      order for which registration is sought.
         5.  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.
         6.  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.
         99 Acts, ch 103, §27
         Referred to in § 598B.308, 598B.310
         598B.306  ENFORCEMENT OF REGISTERED DETERMINATION.
         1.  A court of this state may grant any relief normally available
      under the law of this state to enforce a registered child-custody
      determination made by a court of another state.
         2.  A court of this state shall recognize and enforce, but shall
      not modify, except in accordance with article II, a registered
      child-custody determination of a court of another state.
         99 Acts, ch 103, §28
         598B.307  SIMULTANEOUS PROCEEDINGS.
         If a proceeding for enforcement under this article 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 article II, 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.
         99 Acts, ch 103, §29
         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 of
      a 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, identify the court, the case
      number, and the nature of the proceeding.
         c.  Whether any proceeding has been commenced that could affect
      the current proceeding, including proceedings relating to domestic
      violence, protective orders, termination of parental rights, and
      adoptions and, if so, identify the court, the case number, and the
      nature of the proceeding.
         d.  The present physical address of the child and the respondent,
      if known.
         e.  Whether relief in addition to the immediate physical custody
      of the child and attorney 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 to ensure the
      safety of the parties and the child.  The hearing must be held on the
      next judicial day after service of the order unless that date is
      impossible.  In that event, the court shall hold the hearing on the
      first judicial day possible.  The court may extend the date of
      hearing at the request of the petitioner.
         4.  An order issued under subsection 3 must state the time and
      place of the hearing and advise the respondent that at the hearing
      the court will order that the petitioner may take immediate physical
      custody of the child and the payment of fees, costs, and expenses
      under section 598B.312, and may schedule a hearing to determine
      whether further relief is appropriate, 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 order for 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 a state having
      jurisdiction to do so under article II.
         99 Acts, ch 103, §30; 2000 Acts, ch 1154, §37
         Referred to in § 598B.311
         598B.309  SERVICE OF PETITION AND ORDER.
         Except as otherwise provided in section 598B.311, the petition and
      order must be served, by any method authorized by the law of this
      state, upon the respondent and any person who has physical custody of
      the child.
         99 Acts, ch 103, §31
         598B.310  HEARING AND ORDER.
         1.  Unless the court issues a temporary emergency order pursuant
      to section 598B.204, 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 any of the following applies:
         a.  The child-custody determination has not been registered and
      confirmed under section 598B.305, and that any of the following
      applies:
         (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 of a state
      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 order for 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 a state having
      jurisdiction to do so under article II.
         2.  The court shall award the fees, costs, and expenses authorized
      under section 598B.312, 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.
         3.  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.
         4.  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 shall not be invoked in a
      proceeding under this article.
         99 Acts, ch 103, §32
         598B.311  WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
         1.  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 imminently likely to suffer serious
      physical harm or be removed from this state.
         2.  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 section 598B.308, subsection
      2.
         3.  A warrant to take physical custody of a child must provide all
      of the following:
         a.  Recite the facts upon which a conclusion of imminent serious
      physical harm or removal from the jurisdiction is based.
         b.  Direct law enforcement officers to take physical custody of
      the child immediately.
         c.  Provide for the placement of the child pending final relief.
         4.  The respondent must be served with the petition, warrant, and
      order immediately after the child is taken into physical custody.
         5.  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.
         6.  The court may impose conditions upon placement of a child to
      ensure the appearance of the child and the child's custodian.
         99 Acts, ch 103, §33
         Referred to in § 598B.309
         598B.312  COSTS, FEES, AND EXPENSES.
         1.  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 fees,
      investigative fees, expenses for witnesses, travel expenses, and
      child care expenses during the course of the proceedings, unless the
      party from whom fees or expenses are sought establishes that the
      award would be clearly inappropriate.
         2.  The court shall not assess fees, costs, or expenses against a
      state unless authorized by law other than this chapter.
         99 Acts, ch 103, §34; 2000 Acts, ch 1058, §51
         Referred to in § 598B.308, 598B.310
         598B.313  RECOGNITION AND ENFORCEMENT.
         A court of this state shall accord full faith and credit to an
      order issued by another state and consistent with this chapter 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 article II.
         99 Acts, ch 103, §35
         598B.314  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 section 598B.204, the enforcing court shall not stay an
      order enforcing a child-custody determination pending appeal.
         99 Acts, ch 103, §36
         598B.315  ROLE OF PROSECUTOR.
         1.  In a case arising under this chapter or involving the Hague
      convention on the civil aspects of international child abduction, the
      prosecutor may take any lawful action, including resort to a
      proceeding under this article 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:
         a.  An existing child-custody determination.
         b.  A request to do so from a court in a pending child-custody
      proceeding.
         c.  A reasonable belief that a criminal statute has been violated.

         d.  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.
         2.  A prosecutor acting under this section acts on behalf of the
      court and shall not represent any party.
         99 Acts, ch 103, §37
         Referred to in § 598B.316, 598B.317
         598B.316  ROLE OF LAW ENFORCEMENT.
         At the request of a prosecutor acting under section 598B.315, a
      law enforcement officer may take any lawful action reasonably
      necessary to locate a child or a party and assist a prosecutor with
      responsibilities under section 598B.315.
         99 Acts, ch 103, §38
         Referred to in § 598B.317
         598B.317  COSTS AND EXPENSES.
         If the respondent is not the prevailing party, the court may
      assess against the respondent all direct expenses and costs incurred
      by the prosecutor and law enforcement officers under section 598B.315
      or 598B.316.
         99 Acts, ch 103, §39
         598B.401  APPLICATION AND CONSTRUCTION.
         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.
         99 Acts, ch 103, §40
         598B.402  TRANSITIONAL PROVISION.
         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, 1999, is governed by the law in effect at
      the time the motion or other request was made.
         99 Acts, ch 103, §41