Alaska CINA R. 25

(a) Availability of Expedited Enforcement. A verified

petition for expedited enforcement and request for writ of

assistance may be filed in accordance with this rule for any

tribal court order for which registration has been sought under

CINA Rule 24.

(b) Contents of the Verified Petition. The verified

petition shall set forth the following facts:

(1) whether the tribal court that issued the order

identified the jurisdictional basis it relied on in exercising

jurisdiction and, if so, what the basis was;

(2) whether a proceeding has been commenced in state

court or tribal court that could affect the current proceedings,

including proceedings relating to domestic violence protective

orders, termination of parental rights, and adoptions and, if so,

the name of the court, the case number, and the nature of the

proceeding;

(3) the present physical address of the child and the

person or persons having physical or legal custody, if known;

(4) whether relief in addition to the immediate physical

custody of the child is sought and, if so, the relief sought;

(5) if the child custody order has been registered and

confirmed under CINA Rule 24 and, if so, the date and place

of registration;

(6) whether the petitioner will request a writ of

assistance; and

(7) a statement explaining why expedited enforcement is

necessary.

(c) Ex Parte Hearing to Issue Writ of Assistance. A

petitioner may request a writ of assistance in any case where a

child has been removed or is in imminent danger of being

removed from the person with whom the tribal court ordered

placement. The court may conduct an ex parte hearing for

further fact finding. If the court finds that a child has been

removed or is in immediate danger of being removed from the

person with whom the tribal court ordered placement, the court

may issue a writ of assistance as follows:

(1) reciting the facts supporting the conclusion that

immediate removal from the person with whom the tribal court

ordered placement has or will occur;

(2) directing law enforcement officials to take physical

custody of the child immediately;

(3) providing for return to the person with whom the

tribal court ordered placement;

(4) if less intrusive remedies are not effective,

authorizing law enforcement officers to enter private property

to take physical custody of the child;

(5) if required by exigent circumstances, authorizing law

enforcement officers to make a forcible entry at any hour; and

(6) serving the petition for expedited enforcement, the

writ of assistance, and orders to appear or to protect the safety

of the parties or the child immediately after the child is taken

into physical custody.

(d) Hearing. Except where service occurs in accordance

with paragraph (c)(6), the court shall serve the petition for

expedited enforcement on the respondent and any person

served with the petition for registration pursuant to CINA Rule

24(b)(4). The verified petition for expedited enforcement of a

child custody order shall be heard on the next judicial day after

the petition is served unless that date is impossible, in which

case the court shall hold the hearing on the first judicial day

possible. On 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 an order necessary

to ensure the safety of the parties and the child. The order must

state the time and place of the hearing and advise the

respondent that, at the hearing, the court will order that

immediate physical custody of the child be delivered to the

person with whom the tribal court ordered placement, and that

such further hearings as necessary may be scheduled unless the

respondent appears and establishes that:

(1) the child custody order has not been registered and

confirmed and that:

(A) the tribal court did not have jurisdiction over the

parties or the child custody proceeding in which the tribal child

custody order was entered;

(B) the child custody order for which enforcement is

sought has been vacated, stayed, or modified by a court having

jurisdiction to do so; or

(C) the respondent was entitled to notice, but notice was

not given in a manner reasonably calculated to give actual

notice of the proceedings before the court that issued the order

for which enforcement is sought, or if notice was given, the

respondent was not given an opportunity to be heard; or

(2) the child custody order for which enforcement is

sought was registered and confirmed but has been vacated,

stayed, or modified by a court having jurisdiction to do so.

(e) Orders and Enforceability.

(1) The court may order such further relief as appropriate

under Alaska law.

(2) A writ of assistance directing law enforcement to

take physical custody of a child is enforceable throughout this

state.

(f) Conditions on Placement of the Child. The superior

court issuing an order or writ of assistance under this rule may

impose conditions on the placement of the child to ensure the

appearance of the child and child’s custodian at subsequent

hearings.