COMPLIANCE WITH COURT ORDERS BY PERSONNEL AND COMMAND SPONSORED FAMILY MEMBERS

[Title 32 CFR 589]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter F - PERSONNEL]
[Part 589 - COMPLIANCE WITH COURT ORDERS BY PERSONNEL AND COMMAND SPONSORED FAMILY MEMBERS]
[From the U.S. Government Printing Office]

32NATIONAL DEFENSE32002-07-012002-07-01falseCOMPLIANCE WITH COURT ORDERS BY PERSONNEL AND COMMAND SPONSORED FAMILY MEMBERS589PART 589NATIONAL DEFENSEDEPARTMENT OF THE ARMYPERSONNEL
PART 589--COMPLIANCE WITH COURT ORDERS BY PERSONNEL AND COMMAND SPONSORED FAMILY MEMBERS--Table of Contents

Sec.
589.1 Definitions.
589.2 Policy.
589.3 Applicability.
589.4 General.

Authority: Public Law 100.456 and 10 U.S.C., 814.

Source: 55 FR 47042, Nov. 8, 1990, unless otherwise noted.

Sec. 589.1 Definitions.

(a) Court. Any judicial body in the United States with jurisdiction
to impose criminal sanctions of a DoD member, employee, or family
member.
(b) DoD Employee. A civilian employed by a DoD Component, including
an individual paid from nonappropriated funds, who is a citizen or
national of the United States.
(c) DoD Member. An individual who is a member of the Armed Forces on
active duty and is under the jursidiction of the Secretary of a Military
Department, regardless whether that individual is assigned to duty
outside that Military Department.

Sec. 589.2 Policy.

(a) This part (chapter) implements procedural guidance in Department
of Defense Directive 552 5.9, ``Compliance of DoD members, employees,
and family members outside the United States with court orders.'' This
guidance applies to all soldiers and Department of the Army and
Nonappropriated Fund (NAF) civilian employees serving outside the United
States, as well as to their command sponsored family members.

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(b) DODD 5525.9 requires DoD cooperation with courts and federal,
state, and local officials in enforcing court orders pertaining to
military personnel and DoD employees serving outside the United States,
as well as their command sponsored family members, who--
(1) Have been charged with or convicted of any felony.
(2) Have been held in contempt of a court for failure to obey a
court order, or
(3) Have been ordered to show cause why they should not be held in
contempt for failing to obey a court order.

This guidance does not affect the authority of Army officials to
cooperate with courts and federal, state, or local officials, such as is
currently described in Army Regulation 27-3, Legal Services, Army
Regulation 190-9, Military Absentee and Deserter Apprehension Program,
and Army Regulation 608-99, Family Support, Child Custody, and
Paternity, in enforcing orders against soldiers and employees in matters
not discussed below. The guidance below does not authorize Army
personnel to serve or attempt to serve process from U.S. courts on
military or DoD employees overseas. (See also AR 27-40, Litigation,
paragraph 1-7.)

Sec. 589.3 Applicability.

This section applies to the following personnel:
(a) Army personnel on active duty or inactive duty for training in
overseas areas. This includes the National Guard when federalized.
(b) Department of the army civilian employees, including
Nonappropriated Fund Instrumentalities (NAFI) employees.
(c) Command sponsored family members of Army personnel or Department
of the Army civilian employees.

Sec. 589.4 General.

(a) Courts of federal, state, or local officials desiring to
initiate a request for assistance pursuant to this section must forward
the request, with appropriate court orders, as follows:
(1) For soldiers and members or their family, to the soldier's unit
commander of Office, Deputy Chief of Staff for Personnel (ODCSPER),
ATTN: DAPE-MP (703-695-2497); and
(2) For Department of the Army civilian employees and members of
their family, to the servicing civilian personnel office for the
employee's command, or ODCSPER, ATTN: DAPE-CPL, (703-697-4429).
(3) Nonappropriated Fund (NAF) employees and members of their
family, to the servicing civilian personnel office for the employee's
command, or ODCSPER, ATTN: CFSC-HR-P (703-325-9461).
(b) Upon receipt of such requests for assistance concerning courts
orders described in paragarph (a) of this section and AR 190-9,
commanders/supervisors, with the advice of their servicing Judge
Advocates and legal advisors, will take action as appropriate as
outlined below:
(1) Determine whether the request is based on an order issued by a
court of competent jurisdiction. An ``order issued by a court of
competent jurisdiction'' is an order that appears valid on its face and
is signed by a judge.
(2) If the order appears valid on its face and is signed by a judge,
attempt to resolve the matter in a timely manner to the satisfaction of
the court without the return of, or other action affecting, the soldier,
Army civilian employee, or family member. Due regard should be given to
mission requirements, applicable international agreements, and ongoing
DoD investigations or courts-martial.
(3) If the matter cannot be resolved, afford the subject of the
court order a reasonable opportunity to provide evidence of legal
efforts to resist the court order or otherwise show legitimate cause for
noncompliance. If it is determined that efforts to provide such evidence
or to show cause for noncompliance warrant a delay in taking further
action, a request for delay, not to exceed 90 days, must be sought from
the Secretary of the Army. Such requests, fully setting forth the
reasons justifying delay and the estimated delay necessary, will be
forwarded within 30 days directly to ODCSPER, ATTN: DAPE-MP (for
military personnel and their family members or ODCSPER, ATTN: DAPE-CPL
(for Army civilian employees and their family members)

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or ODCSPER, ATTN: CFSC-HR-P (for NAF employees and their family
members). These offices must promptly forward the request for delay to
the Assistant Secretary of Army (Manpower and Reserve Affairs)
ASA(M&RA), for approval. If a delay is approved, ASA(M&RA) will promptly
notify the Assistant Secretary of Defense (Force Management and
Personnel) ASD (FM&P), copy furnished General Counsel, Department of
Defense (GC, DOD).
(4) If one, the matter cannot be resolved, and two, it appears that
noncompliance with the request to return the soldier, or to take other
action involving a family member or DA or NAF employee is warranted by
all the facts and circumstances of the particular case, and three, the
court order does not pertain to any felony or to a contempt involving
the unlawful or contemptuous removal of a child from the jurisdiction of
the court or the custody of a parent or another person awarded custody
by court order, the matter will be forwarded, for soldiers or their
family members to the soldier's general court-martial convening
authority or, for army civilian or NAF employees or their family
members, to the fairest general officer or civilian equivalent in the
employee's chain of command, for a determination as to whether the
request should be complied with. In those cases in which it is
determined that noncompliance with the request is warranted, copies of
that determination will be forwarded directly to the appropriate office
noted in Sec. 589.4(b)(3) and to HQDA, DAJA-CL, pursuant to chapter 6,
AR 190-9.
(5) If one, the matter cannot be resolved, and two, it appears that
noncompliance with the request to return the soldier, or to take other
action involving a family member of DA or NAF employee, is warranted by
all the facts and circumstances of the particular case, and three, the
court order pertains to any felony or to a contempt involving the
unlawful or contemptuous removal of a child from the jurisidiction of a
court or the custody of a parent or another person awarded custody by
court order, a request for exception to policy will be forwarded
directly to the appropriate office listed in Sec. 589.3(b)(3) with an
information copy to HQDA, DAJA-AL, within 30 days unless a delay has
been approved by ASA(M&RA). The offices listed in Sec. 589.3(b)(3) must
forward the request for an exception promptly through ASA(M&RA) to
ASD(FM&P) for decision, copy furnished to General Counsel, DOD.
(6) All actions, whether to invoke the DOD Directive or not, must be
reported promptly to ASD(FM&P) and General Counsel, Department of
Defense. See also DOD Directive 5525.9, paragraph E.3.c.
(c) If requests for military personnel cannot be resolved without
return of the individual, and denial of the request as outlined in this
section is not warranted, the individual will be ordered pursuant to
section 721, Public Law 100-456 and DODD 5525.9 to the appropriate U.S.
part of entry at government expense, provided the federal, state, or
local authority requesting the individual provides travel expenses
including a prepaid transportation ticket or equivalent and an escort,
if appropriate, from the port of entry to the appropriate jurisdiction.
Absent unusual circumstances, requesting parties will be notified at
least 10 days before the individual is due to return. Guidance
concerning use of military law enforcement personnel to effect the
return of military personnel to U.S. civil authorities may be obtained
from the U.S. Army Military Policy Operations Agency (MOMP-O).
(d) In accordance with DoD policy, military personnel traveling
pursuant to a contempt order or show cause order, as described in this
part and in AR 614-XX is entitled to full transportation and per diem
allowances. However, this does not alleviate the requesting parties'
requirement to pay travel expenses from the appropriate U.S. port of
entry. Any travel expenses received from the requesting party must be
deducted from the soldier's entitlement to travel and per diem
allowances. The soldier will be returned in a temporary duty (TDY)
status, unless a permanent change of station (PCS) is appropriate.
(e) If requests for Army civilian and NAF employees cannot be
resolved and denial of the request as outlined in this section is not
warranted, the individual

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will be strongly encouraged to comply with the court order. Failure to
comply with such orders by an Army civilian or NAF employee, if all
criteria are met, is a basis for withdrawal of command sponsorship and
adverse action against the employee, to include removal from federal
service. Proposals to take disciplinary/adverse actions must be
coordinated with the appropriate civilian personnel office (CPO) and the
servicing Judge Advocate or legal advisor and forwarded for approval to
the first general officer or civilian equivalent in the employee's chain
of command. A copy of the final action taken on the case must be
forwarded to HQDA, ATTN: DAPE-CPL, or ATTL: CFSC-HR-P (for NAF
employees).
(f) If the request is based upon a valid court order pertaining to a
family member of a soldier or Army civilian or NAF employee, the family
member will be strongly encouraged to comply with the court order if
denial of the request as outlined in this part is not warranted. Unless
the family member can show legitimate cause for non-compliance with the
order, considering all of the facts and circumstances, failure to comply
may be basis for withdrawal of command sponsorship.
(g) Failure of the requesting party to provide travel expenses for
military personnel as specified in this section, is grounds to be
recommended denial of the request for assistance. The request must still
be forwarded through DAPE-MP and ASA(M&RA) to ASD(FM&P) for decision,
copy furnished to General Counsel, Department of Defense.

[55 FR 47042, Nov. 8, 1990, as amended at 56 FR 371, Jan. 4, 1991]