Binding Force and Res Judicata Effect of Custody Decree

Binding Force and Res Judicata Effect of Custody Decree. A custody decree rendered by the Commonwealth Trial Court binds all parties who have been served in the Commonwealth or notified in accordance with 8 CMC § 1606 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to these parties the custody decree is conclusive as to all issues of law and fact decided and as to the custody determination made unless and until that determination is modified pursuant to law, including the provisions of this chapter. Source: PL 3-50, § 13. Commission Comment: Section 4 of PL 6-25, the “Commonwealth Judicial Reorganization Act of 1989,” provides that “[w]herever the term ‘Commonwealth Trial Court’ appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court.”