Ky. Cir. Ct. Clerks' Manual UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

97 UNIFORM CHILD CUSTODY JURISDICTION

AND ENFORCEMENT ACT (UCCJEA)

KRS Chapter 403

Circuit Court or Family Court Division of Circuit Court

Process Map

 REGISTRATION OF FOREIGN CHILD CUSTODY ORDER

97.1 Filing Fees

1. There is no filing fee for registering a foreign child custody order.

NOTE: You will need to collect a certified mail fee from the party requesting

registration per the Accounting Manual. If the non-registering party is a non-resident, collect additional fees for the Secretary of State.

2. The requesting party will provide you the following:

• Letter/documentation requesting registration

• Copy of the foreign custody order

• Certified copy of the foreign custody order

• 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.

97.2 Registration

1. Upon receipt of the above documents, check the case management Quick Reference

system to see if there is an existing dissolution or child custody File, date, initial

proceeding in your court. If so, file the documents in that case by

completing a document screen.

Enter, date, initial

2. Apply the FILED stamp to the letter or other documentation, copy of

the foreign custody order and the statement; add the date and your

initials.

3. Apply the ENTERED stamp to the certified copy of the custody order; Circuit Civil CI Case

add the date and your initials.

4. Refer to Case Add section of KyCourts Manual for instructions on

opening the case. Generate the next case number for circuit civil CI

cases or use the next pre-numbered file folder.

Do not issue summons

5. Do not issue a summons.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

97.3 Notice

1. Give notice of the registration of the foreign custody order by Quick Reference

completing AOC Form 165, Notice of Registration of Foreign Child AOC Form 165

Custody Order. Apply the FILED stamp; add the date and your initials. File, date, initial

2. File by completing a document screen using document type NRFCO. Document type NRFCO

3. Attach the remaining copy of the foreign custody order to a copy of the

Notice of Registration of Foreign Child Custody Order and mail by

certified mail, return receipt requested to the non-registering party. See

Certified Mail in Service of Process.

97.3.1 Tickler and Confirmation of Registration

1. A party has twenty (20) days from the receipt of the notice to contest

the registration.

2. Create a tickler system for thirty (30) days from the day the notice is Create tickler

mailed by completing a scheduled events screen. At the end of the thirty

days, if no objection is filed, the registration is confirmed.

NOTE: If an objection is received delete the scheduled event using the AOC Form 166

counter screen.

3. Complete AOC Form 166, Confirmation of Registration of Foreign Child Enter, date, initial

Custody Order and deliver to the judge for signature. When the signed

Confirmation is received, apply the ENTERED stamp; add the date and Document type CRFCO

your initials.

Mail copy

4. File by completing a document screen using document type CRFCO.

Close case

5. Mail a copy by first class mail to all parties named in the registration.

6. Close the case by completing the disposition date, disposition type and

judge at disposition fields on the case screen.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

97.4 Objection to Registration

If you receive an objection to the registration of the foreign custody order: Quick Reference

1. Apply the FILED stamp; add the date and your initials and file by File, date, initial

completing a document screen using document type OBJ. Deliver the Document type OBJ

case file to the judge.

2. If the court orders a hearing, complete a scheduled events screen. Print

a Court Notice/Notice of Hearing from the court notice document screen

in KYCourts and mail by first class mail to all parties named in the

registration. Enter, date, initial

3. When a signed confirmation or order is received, apply the ENTERED

stamp; add the date and your initials. Enter the confirmation or order on

the document screen. Include the notice of entry method and notice of

entry date. NOE

4. Serve notice of entry on all parties. AOC Form 152

5. If the judgment or order includes child support (AOC Form 152, Uniform

Child Support Order), place a copy of the order in a designated area (box

or basket) in your office for the Office of the Attorney General,

Department of Child Support Services. AOC Form 152 is a mandatory

form. File or enter, date,

6. If you receive a warrant or court order to take physical custody of a child, initial

apply the FILED or ENTERED stamp, as appropriate; add the date and Document type OCUS

your initials. File by completing a document screen. Use document type

OCUS. Give two copies of the warrant or order to the sheriff or other

law enforcement officer for service. Close case

7. When you receive an order that closes the case, complete the

disposition date, disposition type and judge at disposition fields on the

case screen.

8. If you receive an affidavit or other pleading alleging the health, safety or File, date, initial

liberty of a party/child would be jeopardized by disclosing identifying

information, place the information designated in the affidavit or other

pleading in a suitable envelope and seal the envelope. Apply the FILED

stamp to the envelope; add the date and your initials. If a request to

review the case file is received, remove the envelope from the case file.

9. Do not release the sealed envelope from your custody except when

actually used in the action or proceeding and do not unseal the

information unless the court orders you to do so.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

97.5 Petition/Motion for Enforcement (Judicial Proceedings)

1. Collect filing fees as set forth in the Accounting Manual and give a Quick Reference

receipt. Do not apply the FILED stamp or process the petition or Collect filing fees

motion until the filing fees are paid.

EXCEPTIONS: The following are exempted from filing fees:

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

File, date, initial

2. Refer to Case Add section of KyCourts Manual for instructions on

opening the case. Generate the next case number for Circuit Civil CI

cases or use the next pre-numbered file folder.

NOTE: If a petition or motion to initiate judicial proceedings is filed after the Enter, date, initial

child custody order has been registered, file pleadings initiating judicial

proceedings in the same file as the registration of the foreign custody order.

3. If the petitioner is seeking to proceed In Forma Pauperis, the petition Case Type CI

must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how

to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered petition. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth. AOC Form 165

4. Upon receipt of a petition or motion for enforcement apply the FILED Document type NRFCO

stamp to the petition or motion; add the date and your initials.

5. Apply the ENTERED stamp to the certified copy of the custody order (if

the order has not already been entered); add the date and your initials.

6. If notice of the registration of the foreign custody order has not already

been given, complete AOC Form 165, Notice of Registration of Foreign

Child Custody Order. Apply the FILED stamp; add the date and your

initials and file by completing a document screen using document type

NRFCO.

NOTE: Collect certified mail fees as set forth in the Accounting Manual from Create tickler

the party requesting registration. If the non-registering party is a non-resident, collect additional fees for the Secretary of State as per the

Accounting Manual.

AOC Form 166

7. Attach the remaining copy of the foreign custody order to a copy of the

Notice of Registration of Foreign Child Custody Order and mail by Enter, date, initial

certified mail, return receipt requested to the non-registering party.

8. A party has twenty (20) days from receipt of the notice to contest the

registration. Create a tickler system for thirty (30) days from the day the

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

notice is mailed by completing a scheduled events screen. At the end of

the thirty days, if no objection is filed, the registration is confirmed.

9. Complete AOC Form 166, Confirmation of Registration of Foreign Child

Custody Order and deliver to the judge for signature. When the signed

Confirmation is received, apply the ENTERED stamp; add the date and

your initials and file by completing a document screen. Mail a copy by

first class mail to all parties named in the registration.