Also known as: § 108 · 108 · copyright § 108
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule that establishes the standards for providing notice and an opportunity to be heard to all persons entitled to notice in child-custody proceedings.
Sophia Singh obtained a custody order in State A granting her primary physical custody of the child. She served Santiago Sanchez with process under State A rules and gave him a chance to appear. The State A court later entered a final determination. When Sophia sought enforcement in State B, the court treated the order as conclusive against Santiago on all decided issues.
Steven Silva filed a petition in State A seeking custody of the child. The court scheduled a hearing but failed to notify Simone Sanders, the child's other parent whose rights had not been terminated. The court proceeded to enter a custody order. Because notice had not been given in accordance with the required standards, the order could not bind Simone.
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Sierra Santos obtained an out-of-state custody order and sought its enforcement in State B against Stephen Shaw. Stephen proved he had been entitled to notice in the original proceeding but had not received it under the standards of Section 108. The State B court refused enforcement of the order.
Notice and an opportunity to be heard must be given to all persons entitled to notice under state law, any parent whose rights have not been terminated, and any person having physical custody of the child. The notice must meet the standards set by Section 108.
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The determination binds persons who were served or notified in accordance with Section 108, who submitted to jurisdiction, and who had an opportunity to be heard. It is then conclusive on decided issues of law and fact unless later modified.
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A respondent may block enforcement by showing that notice was not given in accordance with Section 108 standards in the proceedings that produced the order. Other defenses include lack of jurisdiction or prior vacation or modification by a competent court.
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Non-registration alone does not defeat enforcement when the respondent cannot establish one of the statutory defenses. The Act focuses on jurisdiction, notice in the original proceeding, and absence of modification rather than registration status.
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