Foreign Custody Order

Registering a Foreign Custody Order in California

In many of our cases, parents of a child have residences in more than one country (generally the United States and Korea), and thus may obtain a custody order from a Korean Court despite one parent permanently living in the United States. Should parents receive a custody order in a foreign country, such as Korea, that custody order can be enforced here in the United States.

The first step in enforcing a foreign custody order is registering (“domesticating”) that order in California.[i] To do so, a parent must send the following to the appropriate court within California:

(1) A letter or other document requesting registration. (A parent may use the “Registration of Out-of-State Custody Order” form, the FL-580, available at the California Courts website.[ii] A parent must also complete a “Declaration Under Uniform child Custody Jurisdiction and Enforcement Act (UCCJEA)” form, the FL-105, and attach it to the FL-580.)

(2) 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. (If this order is in a foreign language, the parent should also provide the Court with an English translation.)

(3) 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.

On receipt of the required documents, the registering court shall (1) cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (2) serve notice upon the persons named pursuant to paragraph (3) above and provide them with an opportunity to contest the registration in accordance with this section.[iii] The notice required shall state all of the following:

(1) 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.

(2) That a hearing to contest the validity of the registered determination must be requested within 20 days after service of the notice.

(3) 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.[iv]

Should the other parent wish to contest the validity of a registered order, he or she must request a hearing within 20 days after service of the notice.[v] At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that (1) the issuing court did not have jurisdiction; (2) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so; or (3) the person contesting registration was entitled to notice, but notice was not given as required.

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 shall be notified of the confirmation.[vi] 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.[vii]

[i] Family Code section 3445, subdivision (a), provides, “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…”

[ii] http://www.courts.ca.gov/documents/fl580.pdf

[iii] Family Code section 3445, subdivision (b).

[iv] Family Code section 3445, subdivision (c).

[v] Family Code section 3445, subdivision (d).

[vi] Family Code section 3445, subdivision (e).

[vii] Family Code section 3445, subdivision (f).