§ 19-9-81.Definitions
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 3. Jurisdiction and Enforcement of Foreign Decrees · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-81
Plain-English Summary
This section opens Part 3 of Georgia’s Uniform Child Custody Jurisdiction and Enforcement Act, the part that deals with enforcing custody orders, and defines two words used throughout it. A “petitioner” is a person who seeks enforcement of a child custody determination or of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction. A “respondent” is a person against whom a proceeding has been commenced to enforce either kind of order. The definitions apply “in this part” only; the general definitions for the whole article sit in § 19-9-41.
The terms matter because Part 3 assigns real duties and rights by role. The petitioner files a verified petition with certified copies of the orders under § 19-9-88, and the respondent must appear at a hearing held, unless impossible, on the next judicial day after service of the order. Under § 19-9-90, once the court finds the petitioner entitled to immediate physical custody, it shall order that the petitioner may take the child unless the respondent establishes one of a short list of defenses. A petitioner may also apply under § 19-9-91 for a warrant to take physical custody of a child who is imminently likely to suffer serious physical harm or be removed from Georgia. Section 19-9-82 brings Hague Convention return orders into this same machinery.
Frequently Asked Questions
Who is the petitioner in a Georgia custody enforcement case?
The person seeking enforcement. Under § 19-9-81, a “petitioner” is a person who seeks enforcement of a child custody determination, or of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction. The petitioner starts the case with a verified petition under § 19-9-88.
Who is the respondent in a Georgia custody enforcement case?
The person the enforcement case is against. Section 19-9-81 defines a “respondent” as a person against whom a proceeding has been commenced to enforce a child custody determination or a Hague Convention return order. Under § 19-9-88, the court orders the respondent to appear at a hearing, with or without the child.
Do these definitions cover international child abduction cases?
Yes. Both definitions in § 19-9-81 expressly include enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction. Section 19-9-82 then lets a Georgia court enforce such a return order as if it were a child custody determination.
Do these definitions apply to my divorce or original custody case?
No. Section 19-9-81 says its definitions apply “in this part” — Part 3 of the Act, which covers enforcement. In an original custody case or a divorce, these definitions don’t control, and ordinary Georgia practice governs what the parties are called. The article-wide definitions are in § 19-9-41.
What is the difference between a custody determination and a Hague return order?
A child custody determination, under § 19-9-41, is a judgment, decree or other order providing for legal custody, physical custody or visitation. A Hague return order directs a child’s return under the international child abduction treaty. Section 19-9-82 lets a Georgia court enforce a return order as if it were a custody determination.
Amendment History
Laws 2001, p. 129, § 1.