Below are the relevant possibilities and their processes for Enforcement, Modification, Modification and Enforcement on intergovernmental case.
Enforcement Cases
The order that is entitled to be the controlling order was issued by Oklahoma:
- Using that order apply all the administrative enforcement processes that are available
- Bring a contempt proceeding in Oklahoma
- Ask the state in which the NCP resides, is employed, or has property to administratively enforce the order without registration
- Ask the state in which the NCP resides, is employed, or has property to register (for enforcement only) the Oklahoma order
The order that is entitled to be the controlling order was issued by the NCP’s state:
- Ask the NCP’s state to enforce their own order
The order that is entitled to be the controlling order was issued by a third state:
- Using the third states order apply all the administrative enforcement processes that you are available
- Ask a state in which the NCP resides, is employed, or has property to administratively enforce the order without registration
- Ask a state in which the NCP resides, is employed, or has property to register (for enforcement only) the Oklahoma order
No order is entitled to be the controlling order:
- Establish a new order – file in Oklahoma if we have long-arm jurisdiction over the NCP, or file in the NCP’s state if we do not have long-arm jurisdiction
Modification
Oklahoma has CEJ:
- File for modification in Oklahoma
Another state has CEJ
- File for modification of the other state’s order in that state
There is an order entitled to be the controlling order, but no state has CEJ:
- Whichever party requests the modification register the order for modification in the other party’s state
No order is entitled to be the controlling order and no state has CEJ:
- Establish a new order – file in Oklahoma if we have long-arm jurisdiction of the party in the other state, if we do not have long-arm jurisdiction file in the other party’s state
Modification & Enforcement
The order entitled to be the controlling order was issued by Oklahoma and Oklahoma has CEJ:
For Modification
- File for a modification in Oklahoma
For Enforcement
- Using the Oklahoma order, apply all administrative enforcement process that are available
- Bring a contempt proceeding in Oklahoma
- Ask the state in which the NCP resides, is employed, or has property to administratively enforce the order without registration
- Ask the state in which the NCP resides, is employed, or has property to register (for enforcement only) the Oklahoma order
The order entitled to be the controlling order was issued by the NCP’s state and that state has CEJ:
- Ask the NCP’s state to enforce and modify its own order
The order that is entitled to be the controlling order was issued by a third state and neither Oklahoma nor the NCP’s state has CEJ:
- Register the third state’s order for modification and enforcement in the state where the NCP resides
No order is entitled to be the controlling order and no state has CEJ:
- Establish a new order – file in Oklahoma if we have long-arm jurisdiction or the NCP’s state if we do not have long-arm jurisdiction
You may want to review the CSQuest article Identifying the Controlling Order and Which State has CEJ.