§46.11 Enforcement of Custody Orders

• Jurisdiction: Washington

§ 46.11 ENFORCEMENT OF CUSTODY ORDERS

The need for standardized and clearer enforcement procedures was one of the primary reasons for the drafting of the UCCJEA. The UCCJEA devotes 17 sections to enforcement and provides a variety of enforcement procedures. The procedures are cumulative and are in addition to any procedures applicable under other state law. RCW 26.27.421(2). This section will attempt to describe the procedures in general, but subsequent cases should be consulted for detailed information. The PKPA also requires enforcement of an out-of-state decree if the decree being enforced meets its requirements, but it does not describe specific enforcement procedures.

[1] The UCCJEA Registration Process

Registration of an out-of-state custody determination is described in RCW 26.27.441 and includes a comparable process to that used in the Uniform Interstate Family Support Act, RCW 26.21.490. A party can register a custody order even though immediate enforcement is not necessary. UCCJEA § 305 cmt. Registration should be done by either party when one moves to another state, to expedite enforcement of a custody decree should it become necessary. Registration requires a document or letter requesting registration; two copies of the order, including one certified copy; a declaration that the order has not been modified; and the name and address of the registrant and all persons granted custody or visitation. RCW 26.27.441(1). Exceptions are made if the name and address is under seal or a nondisclosure provision. RCW 26.27.281(5), .441(1)(c). The out-of-state order is then filed as a foreign judgment, and a detailed notice of the registration and rights is given to the other persons named so they can contest the registration. RCW 26.27.441(2). The UCCJEA registration process has been treated as a prerequisite to enforcement. See Ark. Dept. of Human Servs. v. Cox, 349 Ark. 205, 82 S.W.3d 806 (2002); see also Stone v. Stone, 636 N.W.2d 594 (Minn. App. 2001).

A person contesting registration must request a hearing within 20 days after service of the notice. RCW 26.27.441(4). At the hearing, the person contesting the registration must establish that the order has been stayed, vacated, or modified; that the rendering state did not have jurisdiction; or that not all parties received notice. If no contest is made, or the hearing fails to establish the required objections to the order, the order is confirmed. Notice of confirmation is sent to all persons named.

Confirmation of a registered determination, whether by operation of law or after a hearing, precludes subsequent contests to the order regarding matters that could have been raised at the time of registration. RCW 26.27.441(6). Once the registration is complete, all remedies that are available for the enforcement of an in-state decree are available, but the registered order remains an order of the state that...