Title 8, Family Law & Probate

Foreign Support Agreement. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign sup…

Modification of Convention Child-Support Order. (a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribun…

Personal Information; Limit on Use. Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gathered or transmitted. Source: PL 20-22 § 6 (Oct. 6, 2017).

Record in Original Language; English Translation. A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation. Source: PL 20-22 § 6 (Oct. 6, 2017).

Grounds for Rendition. (a) For purposes of this Article, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this Act. (b) The governor of this state may: (1) demand that the governor of another state surrender a…

Conditions of Rendition. (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demons…

Uniformity of Application and Construction. 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. Source: PL 20-22 § 6 (Oct. 6, 2017).

Transitional Provision. This Act applies to all child support proceedings pending as of its effective date and to all proceedings begun on or after the effective date of this Act to establish a support order or determine parentage of a child or to register, recognize, enforce, or…

Petition for Transfer of Decedent’s Personalty. When a decedent leaves personal property, including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total…

Contents of Petition. The sworn petition shall set forth the name, residence and date of death of the decedent, and the names and addresses of the surviving spouse, children, brothers and sisters of the decedent, and the eldest living brother of decedent’s mother, the head of the…

Order of Transfer. Upon the filing of such petition, if it appears to the court that the ends of justice will be served, the court may issue an order, either without notice or after such notice as it deems proper, directing the transfer of the personal property to the petitioner,…

Objections. Any person upon whom demand is made to transfer money or other property under the terms of the order who denies the right of petitioner or other transferee to receive the same shall, within ten days of the demand being made upon him to transfer the money or other prop…

Procedure if Debts Exceed Value of Assets. If the transferee finds, after the receipt of the personal property under the order of transfer, debts in excess of the exempt property and homestead allowance, and that the debts of decedent do in fact exceed the value of the property r…

Responsibility of Transferee. The transferee shall be personally responsible for any property received by him under any order issued pursuant to this article, and any party claiming an interest in the property may, after demand, file an objection to the court setting forth the gr…

Short Title. This article may be cited as the War Claims Probate Act. Source: PL 6-9, § 1. Commission Comment: PL 6-9 took effect October 7, 1988.

Purpose and Findings. The legislature finds that the United States Congress has appropriated funds for the payment of more than 2,000 outstanding awards made by the Micronesian War Claims Commission to citizens of the Commonwealth of the Northern Mariana Islands. A substantial nu…

War Claim Awards. Awards made by the Micronesian War Claims Commission shall devolve upon the heirs of the claimant in accordance with law; however, at the option of the petitioning heir, the heir may petition the court that the probate of a war claim be administered in accordanc…

War Claims to be Probated Separately. For purposes of this article, the war claim probate shall be limited only to the war claim award, and no other assets may be included in this probate. The war claim award shall be probated separate and apart from the rest of the decedent’s es…

Removal to Regular Probate Proceedings. In addition to the rights afforded in 8 CMC § 2506, any party claiming an interest in the war claims award as an heir, creditor, or otherwise, may file an objection with the court within 10 days of the transfer order, setting forth the grou…

Filing Fee Waived. Those filing petitions under this special war claim probate procedures shall not be required to pay a court filing fee of any sort. Source: PL 6-9, § 6.

Public Defender to Provide Services; Preparation of Petition. Notwithstanding the provisions of 1 CMC § 2203(b), the Public Defender shall render legal assistance regarding the filing of petitions pursuant to this special war claim probate procedure. Further, the Public Defender …

Non-Taxability of Award. Awards made by the Micronesian War Claims Commission shall not be subject to any tax. Source: PL 6-9, § 8.

Short Title. This chapter may be cited as the Northern Mariana Islands Uniform Child Custody Jurisdiction Act. Source: PL 3-50, § 1. Commission Comment: PL 3-50 took effect March 3, 1983. The Uniform Child Custody Jurisdiction Act was approved by the National Conference of Commis…

Purposes of Act: Construction of Provisions. (a) The general purposes of this chapter are to: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state …

Definitions. As used in this chapter: (a) “Child” means any adopted or natural child under the age of 16 years who has not been emancipated by court order; (b) “Contestant” means a person, including a parent, who claims a right to custody or visitation rights with respect to a ch…

Jurisdiction. (a) The Commonwealth Trial Court has jurisdiction to make a child custody determination by initial or modification decree if: (1) The Commonwealth: (A) Is the home state of the child at the time of commencement of the proceeding; (B) Had been the child’s home state …

Notice and Opportunity to be Heard. Before making a decree under this chapter, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the chi…

Notice to Persons Outside the Commonwealth; Submission to Jurisdiction. (a) Notice required for the exercise of jurisdiction over a person outside the Commonwealth shall be given in a manner reasonably calculated to give actual notice, and may be: (1) By personal delivery outside…

Simultaneous Proceedings in Other States. (a) The Commonwealth Trial Court may not exercise its jurisdiction under this chapter if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction s…

Inconvenient Forum. (a) The Commonwealth Trial Court may decline to exercise its jurisdiction any time before making a decree if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case and that a court of another state is a mo…

Jurisdiction Declined by Reason of Conduct. (a) If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstan…

Information under Oath to be Submitted to the Court. (a) Every party in a custody proceeding in his or her first pleading or in an affidavit attached to that pleading shall give information under oath as to the child’s present address, the place where the child has lived within t…

Additional Parties. If the court learns from information furnished by the parties pursuant to 8 CMC § 1610 or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to th…

Appearance of Parties and the Child. (a) The court may order any party to the proceeding who is in the Commonwealth to appear personally before the court. If that party has physical custody of the child the court may order that he or she appear personally with the child. (b) If a…

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 wh…

Recognition of Out-of-State Custody Decrees. The Commonwealth Trial Court shall recognize and enforce an initial or modification decree of a court of another state which has assumed jurisdiction under statutory provisions substantially in accordance with this chapter or which was…

Modification of Custody Decree of Another State. (a) If a court of another state has made a custody decree, the Commonwealth Trial Court shall not modify that decree unless: (1) It appears to the Commonwealth Trial Court that the court which rendered the decree does not now have …

Filing and Enforcement of Custody Decree of Another State. (a) A certified copy of a custody decree of another state may be filed with the clerk of the Commonwealth Trial Court. The clerk shall treat the decree in the same manner as a custody decree of the Commonwealth Trial Cour…

Registry of Out-of-State Custody Decrees and Proceedings. The clerk of the Commonwealth Trial Court shall maintain a registry in which the following shall be entered: (a) Certified copies of custody decrees of the states received for filing; (b) Communications as to the pendency …

Certified Copies of Custody Decree. The clerk of the Commonwealth Trial Court, at the request of the court of another state or at the request of any person who is affected by or has a legitimate interest in a custody decree, shall certify and forward a copy of the decree to that …

Taking Testimony in Another State. A guardian ad litem or other representative of the child may adduce testimony of witnesses, including parties and the child, by deposition or otherwise, in another state. The court on its own motion may direct that the testimony of a person be t…

Hearings and Studies in Another State; Orders to Appear. (a) The Commonwealth Trial Court may request the appropriate court of another state to hold a hearing to adduce evidence, to order a party to produce or give evidence under other procedures of that state, or to have social …

Assistance to Courts of Other States. (a) Upon request of a court of another state the Commonwealth Trial Court may order a person in the Commonwealth to appear at a hearing to adduce evidence to produce or give evidence under other procedures available in the Commonwealth or may…

Preservation of Documents for Use in Other States. In any custody proceeding in the Commonwealth, the Commonwealth Trial Court shall preserve the pleadings, orders and decrees, any record that has been made of its hearings, social studies, and other pertinent documents until the …

Request for Court Records of Another State. If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in the Commonwealth Trial Court, the Commonwealth Trial Court upon taking jurisdiction of the case shall request of the c…

International Application. The general policies of this chapter extend to the international area. The provisions of this chapter relating to the recognition and enforcement of custody decrees of other states apply to custody decrees and decrees involving legal institutions simila…