Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in the District for testimon…

(a) A court of the District may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of a child inv…

(a) Except as otherwise provided in § 16-4602.04, a court of the District has jurisdiction to make an initial child-custody determination only if: (1) The District is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child…

(a) Except as otherwise provided in § 16-4602.04, a court of the District which has made a child-custody determination consistent with §§ 16-4602.01 or 16-4602.03 has exclusive, continuing jurisdiction over the determination until: (1) A court of the District determines that neit…

Except as otherwise provided in § 16-4602.04, a court of the District may not modify a child-custody determination made by a court of another state unless a court of the District has jurisdiction to make an initial determination under § 16-4602.01(a)(1) or (2) and: (1) The court …

(a) A court of the District has temporary emergency jurisdiction if the child is present in the District and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened …

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 16-4601.07 must be given to all persons entitled to notice under the law of the District as in child-custody proceedings between reside…

(a) Except as otherwise provided in § 16-4602.04, a court of the District may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state…

(a) A court of the District which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more a…

(a) Except as otherwise provided in § 16-4602.04, if a court of the District has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents …

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and th…

(a) In a child-custody proceeding in the District, the court may order a party to the proceeding who is in the District to appear before the court in person, with or without the child. The court may order any person who is in the District and who has physical custody or control o…

For the purposes of this subchapter, the term: (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…

Under this subchapter, a court of the District 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.

(a) A court of the District 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 jurisdict…

(a) A court of the District which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child-custody determination of another sta…

(a) A child-custody determination issued by a court of another state may be registered in the District, with or without a simultaneous request for enforcement, by sending to the Superior Court of the District of Columbia: (1) A letter or other document requesting registration; (2…

(a) A court of the District may grant any relief normally available under the law of the District to enforce a registered child-custody determination made by a court of another state. (b) A court of the District shall recognize and enforce, but may not modify, except in accordanc…

If a proceeding for enforcement under this subchapter is commenced in a court of the District 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 subchapter II of this …

(a) A petition under this subchapter 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. (b) A petition fo…

Except as otherwise provided in §§ 16-306 (adoptions), 16-2306 (neglect proceedings), 16-2357 (termination of parental rights), and 16-4603.11 (custody under emergency circumstances), the petition and order must be served upon respondent and any person who has physical custody of…

(a) Unless the court issues a temporary emergency order pursuant to section 16-4602.04, 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 r…

(a) 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 remov…

(a) 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’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during…

A court of the District shall accord full faith and credit to an order issued by a court of 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 ha…

An appeal may be taken from a final order in a proceeding under this subchapter. The appeal shall be considered on an expedited basis. Unless the court enters a temporary emergency order under section 16-4602.04 , the enforcing court may not stay an order enforcing a child-custod…

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General for the District of Columbia may take any lawful action, including resort to a proceeding under this subchapter or any other avai…

At the request of a member of the Office of the Attorney General for the District of Columbia acting under section 16-4603.15 , a member of the Metropolitan Police Department or other law enforcement officer may take any lawful action reasonably necessary to locate a child or a p…

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the Office of the Attorney General for the District of Columbia and Metropolitan Police Department or other law enforcement officers under section …

This subchapter may be cited as the “Uniform Child Abduction Prevention Act”.

For the purposes of this subchapter, the term: (1) “Abduction” means the wrongful removal or wrongful retention of a child. (2) “Child” means an unemancipated individual who is less than 18 years of age. (3) “Child-custody proceeding” means a proceeding in which legal custody, ph…

Sections 16-4601.10 , 16-4601.11 , and 16-4601.12 apply to cooperation and communications among courts in proceedings under this subchapter.

(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody determination or another individual or entity having a ri…

(a) A petition under this subchapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under §§ 16-4601.01 to 16-4604.02. (b) A court of this state has temporary emergency jurisdiction under § 16-4602.04 if…

A petition under this subchapter shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in § 16-4604.07. Subject to § 16-4602.09(e), if rea…

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) Has previously abducted or attempted to abduct the child; (2) Has threatened to abduct the child; (3) Has recently engaged in …

(a) If a petition is filed under this subchapter, the court may enter an order that shall include: (1) The basis for the court’s exercise of jurisdiction; (2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (3…

(a) If a petition under this subchapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (b) The respondent on a pet…

An abduction prevention order remains in effect until the earliest of: (1) The time stated in the order; (2) The emancipation of the child; (3) The child’s attaining 18 years of age; or (4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdicti…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or authorize …

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before April 27, 2001, is governed by the law in effect at the time the motion or other request was made.

For the purpose of this chapter, the term “news media” means: (1) Newspapers; (2) Magazines; (3) Journals; (4) Press associations; (5) News agencies; (6) Wire services; (7) Radio; (8) Television; or (9) Any printed, photographic, mechanical, or electronic means of disseminating n…

Except as provided in section 16-4703 , no judicial, legislative, administrative, or other body with the power to issue a subpoena shall compel any person who is or has been employed by the news media in a news gathering or news disseminating capacity to disclose: (1) The source …

(a) A court may compel disclosure of news or information otherwise protected from disclosure under section 16-4702(2) if the court finds that the party seeking the news or information established by clear and convincing evidence that: (1) The news or information is relevant to a …

The publication by the news media or the dissemination by a person employed by the news media of a source of news or information, or a portion of the news or information, procured while pursuing professional activities shall not constitute a waiver of the protection from compelle…

The Council of the District of Columbia finds that: (1) Existing custody law does not provide adequately for the needs of a parent who is terminally ill, or who is periodically incapable of caring for the needs of a child due to the parent’s incapacity or debilitation resulting f…

For the purposes of this chapter, the term: (1) “Alternate standby guardian” means a person with all the rights, responsibilities, and qualifications of a standby guardian who acts as the standby guardian if the current or originally designated standby guardian repudiates the des…

(a) A designator may designate a standby guardian at any time. (b) The designation of a standby guardian shall be in writing and shall contain the following information: (1) The full name, address, birth date, and gender of the child affected; (2) The full name, address, and tele…

(a) Upon the occurrence of a triggering event, the standby guardian shall have authority to act and shall assume the rights, powers, duties, and obligations existing under law between a legal custodian and a child. The designator shall retain concurrent authority over the child a…