ENFORCEMENT

Iowa Code tit. XV, ch. 598B, art. III

in effect

Iowa Code § 598B.301 Definitions.

598B.301. Definitions. As used in this article, unless the context otherwise requires: 1. “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child-custody determination. 2. “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child-custody determination. 99 Acts, ch 103, §23

Iowa Code § 598B.302 Enforcement under Hague convention.

598B.302. Enforcement under Hague convention. Under this article, a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child-custody determination. 99 Acts, ch 103, §24

Iowa Code § 598B.303 Duty to enforce.

598B.303. Duty to enforce. 1. A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. 2. A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. 99 Acts, ch 103, §25

Iowa Code § 598B.304 Temporary visitation.

598B.304. Temporary visitation. 1. A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing any of the following: a. A visitation schedule made by a court of another state. b. The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule. 2. If a court of this state makes an order under subsection 1, paragraph “b”, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in article II. The order remains in effect until an order is obtained from the other court or the period expires. 99 Acts, ch 103, §26

Iowa Code § 598B.305 Registration of child-custody determination.

598B.305. Registration of child-custody determination. 1. 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, by sending to the district court in this state all of the following: a. A letter or other document requesting registration. b. 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. c. Except as otherwise provided in section 598B.209, 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. 2. On receipt of the documents required by subsection 1, the registering court shall do all of the following: a. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. b. Serve notice upon the persons named pursuant to subsection 1, paragraph “c”, and provide them with an opportunity to contest the registration in accordance with this section. 3. The notice required by subsection 2, paragraph “b”, must state all of the following: a. 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. b. That a hearing to contest the validity of the registered determination must be requested within twenty days after service of notice. c. 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. 4. A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes any of the following: a. That the issuing court did not have jurisdiction under article II. b. That the child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under article II. c. That the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 598B.108, in the proceedings before the court that issued the order for which registration is sought. 5. 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 must be notified of the confirmation. 6. 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. 99 Acts, ch 103, §27

Iowa Code § 598B.306 Enforcement of registered determination.

598B.306. Enforcement of registered determination. 1. A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. 2. A court of this state shall recognize and enforce, but shall not modify, except in accordance with article II, a registered child-custody determination of a court of another state. 99 Acts, ch 103, §28

Iowa Code § 598B.307 Simultaneous proceedings.

598B.307. Simultaneous proceedings. If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under article II, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. 99 Acts, ch 103, §29

Iowa Code § 598B.308 Expedited enforcement of child-custody determination.

598B.308. Expedited enforcement of child-custody determination. 1. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. 2. A petition for enforcement of a child-custody determination must state all of the following: a. Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was. b. Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding. c. Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding. d. The present physical address of the child and the respondent, if known. e. Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought. f. If the child-custody determination has been registered and confirmed under section 598B.305, the date and place of registration. 3. Upon 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 any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. 4. An order issued under subsection 3 must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under section 598B.312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either of the following: a. The child-custody determination has not been registered and confirmed under section 598B.305 and that any of the following apply: (1) The issuing court did not have jurisdiction under article II. (2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under article II. (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 598B.108, in the proceedings before the court that issued the order for which enforcement is sought. b. The child-custody determination for which enforcement is sought was registered and confirmed under section 598B.305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II. 99 Acts, ch 103, §30; 2000 Acts, ch 1154, §37

Iowa Code § 598B.309 Service of petition and order.

598B.309. Service of petition and order. Except as otherwise provided in section 598B.311, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. 99 Acts, ch 103, §31

Iowa Code § 598B.310 Hearing and order.

598B.310. Hearing and order. 1. Unless the court issues a temporary emergency order pursuant to section 598B.204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that any of the following applies: a. The child-custody determination has not been registered and confirmed under section 598B.305, and that any of the following applies: (1) The issuing court did not have jurisdiction under article II. (2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II. (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 598B.108, in the proceedings before the court that issued the order for which enforcement is sought. b. The child-custody determination for which enforcement is sought was registered and confirmed under section 598B.305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II. 2. The court shall award the fees, costs, and expenses authorized under section 598B.312, and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. 3. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. 4. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child shall not be invoked in a proceeding under this article. 99 Acts, ch 103, §32

Iowa Code § 598B.311 Warrant to take physical custody of child.

598B.311. Warrant to take physical custody of child. 1. Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state. 2. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 598B.308, subsection 2. 3. A warrant to take physical custody of a child must provide all of the following: a. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based. b. Direct law enforcement officers to take physical custody of the child immediately. c. Provide for the placement of the child pending final relief. 4. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. 5. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. 6. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian. 99 Acts, ch 103, §33

Iowa Code § 598B.312 Costs, fees, and expenses.

598B.312. Costs, fees, and expenses. 1. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. 2. The court shall not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. 99 Acts, ch 103, §34; 2000 Acts, ch 1058, §51

Iowa Code § 598B.313 Recognition and enforcement.

598B.313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under article II. 99 Acts, ch 103, §35

Iowa Code § 598B.314 Appeals.

598B.314. Appeals. An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 598B.204, the enforcing court shall not stay an order enforcing a child-custody determination pending appeal. 99 Acts, ch 103, §36

Iowa Code § 598B.315 Role of prosecutor.

598B.315. Role of prosecutor. 1. In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the prosecutor may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is any of the following: a. An existing child-custody determination. b. A request to do so from a court in a pending child-custody proceeding. c. A reasonable belief that a criminal statute has been violated. d. A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction. 2. A prosecutor acting under this section acts on behalf of the court and shall not represent any party. 99 Acts, ch 103, §37

Iowa Code § 598B.316 Role of law enforcement.

598B.316. Role of law enforcement. At the request of a prosecutor acting under section 598B.315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under section 598B.315. 99 Acts, ch 103, §38

Iowa Code § 598B.317 Costs and expenses.

598B.317. Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under section 598B.315 or 598B.316. 99 Acts, ch 103, §39

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=598B&year=2026Fetched: 10/20/2026