Title 31, Family

[§583A-105] International application of chapter. (a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II. (b) Except as otherwise provided in subsection (c), a child-custody determination made …

[§583A-106] Effect of child-custody determination. A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with section 583A-108…

[§583A-107] Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. [L 2002, c 124, pt of §2]

[§583A-108] Notice to persons outside State. (a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notic…

[§583A-109] Appearance and limited immunity. (a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State f…

[§583A-110] Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participat…

[§583A-111] Taking testimony in another state. (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 oth…

[§583A-112] Cooperation between courts; preservation of records. (a) A court of this State 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 a…

PART II. JURISDICTION [§583A-201] Initial child-custody jurisdiction. (a) Except as otherwise provided in section 583A-204, a court of this State has jurisdiction to make an initial child-custody determination only if: (1) This State is the home state of the child on the date of …

[§583A-202] Exclusive, continuing jurisdiction. (a) Except as otherwise provided in section 583A-204, a court of this State which has made a child-custody determination consistent with section 583A-201 or 583A-203 has exclusive, continuing jurisdiction over the determination unti…

[§583A-203] Jurisdiction to modify determination. Except as otherwise provided in section 583A-204, a court of this State shall not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination…

[§583A-204] Temporary emergency jurisdiction. (a) A court of this State has temporary emergency jurisdiction if the child is present in this State 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…

[§583A-205] Notice; opportunity to be heard; joinder. (a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 583A-108 must be given to all persons entitled to notice under the law of t…

[§583A-206] Simultaneous proceedings. (a) Except as otherwise provided in section 583A-204, a court of this State shall not exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been c…

[§583A-207] Inconvenient forum. (a) A court of this State 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 cour…

[§583A-208] Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in section 583A-204, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall dec…

[§583A-209] Information to be submitted to court. (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 t…

[§583A-210] Appearance of parties and child. (a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and…

PART III. ENFORCEMENT [§583A-301] Definitions. In this part: "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. "Res…

[§583A-302] Enforcement under Hague Convention. Under this part a court of this State 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. [L 2002, c 124…

[§583A-303] Duty to enforce. (a) A court of this State 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 circumst…

[§583A-304] Temporary visitation. (a) A court of this State 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-cus…

[§583A-305] Registration of child-custody determination. (a) A child-custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the appropriate court in this State: (1) A letter o…

[§583A-306] Enforcement of registered determination. (a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child-custody determination made by a court of another state. (b) A court of this State shall recognize and e…

[§583A-307] Simultaneous proceedings. If a proceeding for enforcement under this part is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determinatio…

[§583A-308] Expedited enforcement of child-custody determination. (a) A petition under this part shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an or…

[§583A-309] Service of petition and order. Except as otherwise provided in section 583A-311, the petition and order must be served, by any method authorized by the law of this State, upon respondent and any person who has physical custody of the child. [L 2002, c 124, pt of §2]

[§583A-310] Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 583A-204, 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 cust…

[§583A-311] Warrant to take physical custody of child. (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 immine…

[§583A-312] Costs, fees, and expenses. (a) The court may 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, t…

[§583A-313] Recognition and enforcement. A court of this State shall accord full faith and credit to an order issued by 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, sta…

[§583A-314] Appeals. An appeal may be taken from a final order in a proceeding under this part in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 583A-204, the enforcing court shall not stay an…

[§583A-315] Role of attorney general and of prosecuting attorneys. (a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the attorney general or the county prosecuting attorney, as appropriate, may take a…

[§583A-316] Role of law enforcement. At the request of the attorney general or county prosecuting attorney, as appropriate, acting under section 583A-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the attorne…

[§583A-317] Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general or county prosecuting attorney, as appropriate, and law enforcement officers under section 583…