Title 7, Judiciary and Civil Procedure

Military Service. In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the …

(a) The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment. (b) An agreement under Subsection (a) must be: (1) in writing; and (2) signed by both parents and any nonparent to whom custodial responsibility…

(a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 39A203. The agreement does not create an inde…

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article. (b) If an agreement is modified under Subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by …

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this Act, or if a court order currently in ef…

An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number a…

In this Article, close and substantial relationship means a relationship in which a significant bond exists between a child and a nonparent.

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not…

If a motion to grant custodial responsibility is filed under § 39A302 (b) before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply: (a) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of…

Parent. (a) On motion of a deploying parent and in accordance with law of this state other than this Act, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child h…

On motion of a deploying parent, and in accordance with law of this state other than this Act unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an …

(a) A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to ca…

(a) An order granting custodial responsibility under this Article must: (1) designate the order as temporary; and (2) identify to the extent feasible the destination, duration, and conditions of the deployment. (b) If applicable, an order for custodial responsibility under this A…

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed under Article 2, the court may enter a temporary order for child support consistent with law of this state other than this Act if the c…

to Nonparent. (a) Except for an order under § 39A305, except as otherwise provided in Subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking aut…

Responsibility Established by Agreement. (a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (b) A temporary agree…

Custodial Responsibility Established by Court Order. At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. Af…

Custodial Responsibility. After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Article 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact wi…

Custodial Responsibility Established by Court Order. (a) If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty (60) days after the deploying parent gives notice to the other p…

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

Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…

This Act does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before. ----------

As used in this Chapter: (a) Abuse means the occurrence of one (1) or more of the following acts between family or household members: (1) attempting to cause or intentionally or knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon…

The Superior Court shall have jurisdiction over all proceedings under this Chapter. The plaintiff’s right to relief under this Chapter shall not be affected by his or her leaving the residence or household to avoid further abuse. SOURCE: CCP § 1451.

(a) A person may seek relief under this Chapter for himself or herself or on behalf of another person if he or she has personal knowledge that such person has been abused, or any parent or adult household member may seek relief under this Chapter on behalf of minor children by fi…

(a) Within 10 days of the filing of a petition under this Chapter, a hearing shall be held at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence. The court shall advise the defendant of his right to be represented by counsel. (b) The court m…

(a) The court shall be empowered to grant protection by appropriate order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children, which are not limited to, but may include: (1) directing the defendant to refrain from abusing the pl…

A copy of any order under this Chapter shall be issued to the plaintiff, the defendant and the Guam Police Department with appropriate jurisdiction to enforce the order or agreement. SOURCE: CCP § 1455.

(a) When the court closes for regular proceedings during the weekend or a holiday, a petition may be heard before the court in accordance with § 40105(a)(2) or (3) if the court deems it necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex…

Any proceeding under this Chapter shall be in accordance with the Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies. SOURCE: CCP § 1457.

Upon violation of a protection order or a court approved consent agreement, the Superior Court may hold the defendant in contempt. SOURCE: CCP § 1458. CROSS-REFERENCE: See 10 GCA Chapter 2 for the law establishing the Child Protective Services and Adult Protective Services units …

For purposes of this Article: (a) Family violence means any act or conduct described in 9 GCA, Chapter 30, § 30.10(a); (b) Sexual assault means any act or conduct described in 9 GCA, Chapter 25, §§ 25.15, 25.20, 25.25, 25.30, and 25.35; (c) Stalking means any act or conduct descr…

Nothing in § 40201 of this Article shall be construed to require a criminal conviction in order for an act or conduct to constitute family violence, sexual assault, or stalking.

(a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to: (1) transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to a victim of family violence, …

The definitions in this Section apply throughout this Chapter unless the context clearly requires otherwise. (a) Intimate parts means the primary genital area, groin, inner thigh, buttock, or breast of a human being; (b) Nonconsensual means the lack of a freely given present agre…

The Superior Court of Guam shall have jurisdiction over all proceedings under this Chapter.

(a) A person who does not qualify for a protection order under 7 GCA Chapter 40 and who is a victim of nonconsensual sexual contact or nonconsensual sexual penetration, including a single incident of nonconsensual sexual contact or nonconsensual sexual penetration, may seek relie…

No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this Chapter. Petitioners shall be provided the necessary number of certified copies at no cost.

Upon receipt of the petition, the court shall order a hearing which shall be held no later than ten (10) days from the date of the order. A plaintiff or witness in a protective order case may request, without the need for a motion, or good cause determination, that the court allo…

(a) If the court finds by a preponderance of the evidence that the petitioner has been a victim of nonconsensual sexual contact or nonconsensual sexual penetration by the respondent, the court shall issue a sexual offense protection order. The petitioner shall not be denied a sex…

(a) An ex parte temporary sexual offense protection order shall issue if the petitioner satisfies the requirements of this Subsection by a preponderance of the evidence. The petitioner shall establish that: (1) the petitioner has been a victim of nonconsensual sexual contact or n…

Protection Orders. (a) When any person charged with or arrested for criminal sexual conduct as defined in Title 9 GCA Chapter 25, or any other crime as defined in Title 9 GCA Chapter 25A, Chapter 26, Chapter 28, and Chapter 89 is released from custody before arraignment or trial …

A copy of any order under this Chapter shall be issued to the plaintiff, the defendant, and the Guam Police Department with appropriate jurisdiction to enforce the order or agreement. ----------

The definitions in this Section apply throughout this Chapter unless the context clearly requires otherwise. (a) Petitioner means any named petitioner for the stalking protection order or any named victim of stalking conduct on whose behalf the petition is brought. (b) Stalking c…