Chapter 322

2003 -- H 5198

Enacted 07/17/03

AN ACT

RELATING TO DOMESTIC RELATIONS - - CHILD CUSTODY

Introduced By: Representative Timothy A. Williamson

Date Introduced: January 23, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 15-14 of the General Laws entitled "Child Custody" is hereby

repealed in its entirety.

CHAPTER 14

Child Custody

15-14-1. Short title -- This chapter may be cited as the "Uniform Child Custody

Jurisdiction Act".

15-14-2. Purpose -- Liberal construction -- (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 with

harmful effects on their well-being;

(2) Promote cooperation with the courts of other states to the end that a custody decree is

rendered in that state which can decide the case in the best interest of the child;

(3) Assure that litigation concerning the custody of a child take place ordinarily in the

state with which the child and his or her family have the closest connection and where significant

evidence concerning his or her care, protection, training, and personal relationships is most

readily available, and that courts of this state decline the exercise of jurisdiction when the child

and his or her family have a closer connection with another state;

(4) Discourage continuing controversies over child custody in the interest of greater

stability of home environment and of secure family relationships for the child;

(5) Deter abductions and other unilateral removals of children undertaken to obtain

custody awards;

(6) Avoid relitigation of custody decisions of other states in this state insofar as feasible;

(7) Facilitate the enforcement of custody decrees of other states;

(8) Promote and expand the exchange of information and other forms of mutual

assistance between the courts of this state and those of other states concerned with the same child;

and

(9) Make uniform the law of those states which enact it.

(b) This chapter shall be construed to promote the general purposes stated in this section.

15-14-3. Definitions -- As used in this chapter:

(1) "Court" shall mean the family court of the state of Rhode Island and Providence

Plantations unless another meaning is so indicated;

(2) "Custody determination" means a court decision and court orders and instructions

providing for the custody of a child, including visitation rights; it does not include a decision

relating to child support or any other monetary obligation of any person;

(3) "Custody proceeding" includes proceedings in which a custody determination is one

of several issues, such as an action for divorce or separation, and includes child neglect and

dependency proceedings;

(4) "Decree" or "custody decree" means a custody determination contained in a judicial

decree or order made in a custody proceeding, and includes an initial decree and modification

decree;

(5) "Home state" means the state in which the child immediately preceding the time

involved lived with his or her parents, a parent, or person acting as parent, for at least six (6)

consecutive months, and in the case of a child less than six (6) months old the state in which the

child lived from birth with any of the persons mentioned. Periods of temporary absence of any of

the named persons are counted as part of the six (6) month or other period;

(6) "Initial decree" means the first custody decree concerning a particular child;

(7) "Modification decree" means a custody decree which modified or replaced a prior

decree, whether made by the court which rendered the prior decree or by another court;

(8) "Person acting as parent" means a person, other than a parent, who has physical

custody of a child and who has either been awarded custody by a court or claims a right to

custody;

(9) "Petitioner" means a person, including a parent, who claims a right to custody or

visitation rights with respect to a child;

(10) "Physical custody" means actual possession and control of a child;

(11) "Respondent" means a person including a parent, or state agency, who disputes the

actions of a petitioner claiming a right to custody or visitation rights with respect to a child; and

(12) "State" means any state, territory, or possession of the United States, the

Commonwealth of Puerto Rico, and the District of Columbia.

15-14-4. Jurisdiction -- (a) The family court has jurisdiction to make a child custody

determination by initial or modification decree if:

(1) The state of Rhode Island: (i) is the home state of the child at the time of

commencement of the proceeding, or (ii) had been the child's home state within six (6) months

before commencement of the proceeding and the child is absent from Rhode Island because of his

or her removal or retention by a person claiming his or her custody or for other reasons, and a

parent or person acting as parent continues to live in Rhode Island; or

(2) It is in the best interest of the child that the family court assume jurisdiction because:

(i) the child and his or her parents, or the child and at least one party, have significant connection

with Rhode Island, and (ii) there is available in Rhode Island substantial evidence concerning the

child's present or future care, protection, training, and personal relationships; or

(3) The child is physically present in Rhode Island and: (i) the child has been abandoned,

or (ii) it is necessary in an emergency to protect the child because he or she has been subjected to

or threatened with mistreatment or abuse or is otherwise neglected or dependent; or

(4) It appears that no other state would have jurisdiction under prerequisites substantially

in accordance with subsection (a)(1), (2), or (3), or another state has declined to exercise

jurisdiction on the ground that Rhode Island is the more appropriate forum to determine the

custody of the child, and (ii) it is in the best interest of the child that the family court assume

jurisdiction.

(b) Except under subdivisions (3) and (4) of subsection (a), physical presence in Rhode

Island of the child, or of the child and one of the parties, is not alone sufficient to confer

jurisdiction on the family court to make a child custody determination.

(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to

determine his or her custody.

15-14-5. 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 parties, any parent

whose parental rights have not been previously terminated, and any person who has physical

custody of the child. If any of these persons is outside Rhode Island, notice and opportunity to be

heard shall be given pursuant to section 15-14-6.

15-14-6. Notice to persons outside Rhode Island -- Submission to jurisdiction -- (a)

Notice required for the exercise of jurisdiction over a person outside Rhode Island shall be given

in a manner reasonably calculated to give actual notice, and may be:

(1) By personal delivery outside Rhode Island in the manner prescribed for service of

process within this state;

(2) In the manner prescribed by law of the place in which the service is made for service

of process in that place in an action in any of its courts of general jurisdiction;

(3) By any form of mail addressed to the person to be served and requesting a receipt; or

(4) As directed by the court (including publication, if other means of notification are

ineffective).

(b) Notice under this section shall be served, mailed, or delivered, or last published, at

least twenty (20) days before any hearing in Rhode Island.

(c) Proof of service outside Rhode Island may be made by affidavit of the individual who

made the service, or in the manner prescribed by the law of Rhode Island, the order pursuant to

which the service is made, or the law of the place in which the service is made. If service is made

by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the

addressee.

(d) Notice is not required if a person submits to the jurisdiction of the court.

15-14-7. Simultaneous proceedings in other states -- (a) The family court shall 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

substantially in conformity with this chapter, unless the proceeding is stayed by the court of the

other state because Rhode Island is a more appropriate forum or for other reasons.

(b) Before hearing the petition in a custody proceeding the court shall examine the

pleadings and other information supplied by the parties under section 15-14-10 and shall consult

the child custody registry established under section 15-14-17 concerning the pendency of

proceedings with respect to the child in other states. If the court has reason to believe that

proceedings may be pending in another state it shall direct an inquiry to the state court

administrator or other appropriate official of the other state.

(c) If the court is informed during the course of the proceeding that a proceeding

concerning the custody of the child was pending in another state before the court assumed

jurisdiction it shall stay the proceeding and communicate with the court in which the other

proceeding is pending to the end that the issue may be litigated in the more appropriate forum and

that information be exchanged in accordance with sections 15-14-20 through 15-14-23. If the

court has made a custody decree before being informed of a pending proceeding in a court of

another state it shall immediately inform that court of the fact. If the court is informed that a

proceeding was commenced in another state after it assumed jurisdiction it shall likewise inform

the other court to the end that the issues may be litigated in the more appropriate forum.

15-14-8. Inconvenient forum -- (a) The family 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

more appropriate forum.

(b) A finding of inconvenient forum may be made upon the court's own motion or upon

motion of a party or guardian ad litem or other representative of the child.

(c) In determining if it is an inconvenient forum, the court shall consider if it is in the

interest of the child that another state assume jurisdiction. For this purpose it may take into

account the following factors, among others:

(1) If another state is or recently was the child's home state;

(2) If another state has a closer connection with the child and his or her family or with

the child and one or more of the parties;

(3) If substantial evidence concerning the child's present or future care, protection,

training, and personal relationships is more readily available in another state;

(4) If the parties have agreed on another forum which is no less appropriate; and

(5) If the exercise of jurisdiction by a court of this state would contravene any of the

purposes stated in section 15-14-2.

(d) Before determining whether to decline or retain jurisdiction the court may

communicate with a court of another state and exchange information pertinent to the assumption

of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by the

more appropriate court and that a forum will be available to the parties.

(e) If the court finds that it is an inconvenient forum and that a court of another state is a

more appropriate forum, it may dismiss the proceeding, or it may stay the proceedings upon

condition that a custody proceeding be promptly commenced in another named state or upon any

other conditions which may be just and proper, including the condition that a moving party

stipulate his or her consent and submission to the jurisdiction of the other forum.

(f) The court may decline to exercise its jurisdiction under this chapter if a custody

determination is incidental to an action for divorce or another proceeding while retaining

jurisdiction over the divorce or other proceeding.

(g) If it appears to the court that it is clearly an inappropriate forum it may require the

party who commenced the proceedings to pay, in addition to the costs of the proceedings in

Rhode Island, necessary travel and related expenses, and any other reasonable fees which may be

imposed by the court. Payment is to be made to the clerk of the family court for remittance to the

proper party.

(h) Upon dismissal or stay of proceedings under this section the court shall inform the

court found to be the more appropriate forum of this fact or, if the court which would have

jurisdiction in the other state is not certainly known, shall transmit the information to the court

clerk or other appropriate official for forwarding to the appropriate court.

(i) Any communication received from another state informing the family court of a

finding of inconvenient forum because the family court is the more appropriate forum shall be

filed in the custody registry of the appropriate court. Upon assuming jurisdiction the family court

shall inform the original court of this fact.

15-14-9. 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

circumstances.

(b) Unless required in the interest of the child, the court shall not exercise its jurisdiction

to modify a custody decree of another state if the petitioner, without consent of the person entitled

to custody, has improperly removed the child from the physical custody of the person entitled to

custody or has improperly retained the child after a visit or other temporary relinquishment of

physical custody. If the petitioner has violated any other provision of a custody decree of another

state the court may decline to exercise its jurisdiction if this is just and proper under the

circumstances.

(c) In appropriate cases a court dismissing a petition under this section may charge the

petitioner with necessary travel and other expenses, including attorneys' fees, incurred by other

parties or their witnesses.

15-14-10. Information under oath to be submitted to the court -- (a) Every party in a

custody proceeding in his first pleading or in an affidavit attached to that pleading shall give

information under oath as to the child's present address, the places where the child has lived

within the last five (5) years, and the names and present addresses of the persons with whom the

child has lived during that period. In this pleading or affidavit every party shall further declare

under oath whether:

(1) He or she has participated as a party or witness, or in any other capacity, in any other

litigation concerning the custody of the child in this or any other state;

(2) He or she has information of any custody proceeding concerning the child pending in

a court of this or any other state; and

(3) He or she knows of any person not a party to the proceedings who has physical

custody of the child or claims to have custody or visitation rights with respect to the child.

(b) If the declaration as to any of the above items is in the affirmative the declarant shall

give additional information under oath as required by the court. The court may examine the

parties under oath as to details of the information furnished and as to other matters pertinent to

the court's jurisdiction and the disposition of the case.

(c) Each party has a continuing duty to inform the court of any custody proceeding

concerning the child in this or any other state of which he or she obtained information during this

proceeding.

15-14-11. Additional parties -- If the court learns from information furnished by the

parties pursuant to section 15-14-10 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 the child, it shall order that person to be joined as a party and to be duly notified of the

pendency of the proceeding and of his or her joinder as a party. If the person joined as a party is

outside Rhode Island he or she shall be served with process or otherwise notified in accordance

with section 15-14-6.

15-14-12. Appearance of parties and the child -- (a) The court may order any party to

the proceeding who is in Rhode Island to appear personally before the court. If that party has

physical custody of the child the court may order that he appear personally with the child.

(b) If a party to the proceeding whose presence is desired by the court is outside Rhode

Island with or without the child the court may order that the notice given under section 15-14-6

include a statement directing that party to appear personally with or without the child and

declaring that failure to appear may result in a decision adverse to that party.

(c) If a party to the proceeding who is outside Rhode Island is directed to appear under

subsection (b) or desires to appear personally before the court with or without the child, the court

may require another party to pay to the clerk of the family court travel and other necessary

expenses of the party so appearing and of the child if this is just and proper under the

circumstances.

15-14-13. Binding force and res judicata effect of custody decree -- A custody decree

rendered by the family court which had jurisdiction under section 15-14-4 binds all parties who

have been served in Rhode Island or notified in accordance with section 15-14-6 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.

15-14-14. Recognition of out of state custody decrees -- The courts of Rhode Island

shall recognize and enforce an initial or modification decree of a court of another state which had

assumed jurisdiction under statutory provisions substantially in accordance with this chapter or

which was made under factual circumstances meeting the jurisdictional standards of the chapter,

so long as this decree has been modified in accordance with jurisdictional standards substantially

similar to those of this chapter.

15-14-15. Modification of custody decree of another state -- (a) If a court of another

state has made a custody decree, the family court shall not modify that decree unless: (1) it

appears to the court that the court which rendered the decree does not now have jurisdiction under

jurisdictional prerequisites substantially in accordance with this chapter or has declined to assume

jurisdiction to modify the decree, and (2) the family court has jurisdiction.

(b) If the court is authorized under subsection (a) and section 15-14-9 to modify a

custody decree of another state it shall give due consideration to the transcript of the record and

other documents of all previous proceedings submitted to it in accordance with section 15-14-23.

15-14-16. Filing and enforcement of custody decree of another state -- (a) A certified

copy of a custody decree of another state may be filed in the office of the clerk of the family

court. The clerk shall treat the decree in the same manner as a custody decree of the family court.

A custody decree so filed has the same effect and shall be enforced in like manner as a custody

decree by the family court.

(b) A person violating a custody decree of another state which makes it necessary to

enforce the decree in Rhode Island may be required to pay necessary travel and related expenses

and any other reasonable fees which may be imposed by the court.

(c) No law enforcement agent in the state of Rhode Island shall assist in removing a

child from this state pursuant to a custody decree of another state unless the family court has held

a hearing on the validity of the out of state custody decree and has determined it to be valid and

enforceable.

15-14-17. Registry of out of state custody decrees and proceedings -- The clerk of the

family court shall maintain a registry in which he or she shall enter the following:

(1) Certified copies of custody decrees of other states received for filing;

(2) Communications as to the pendency of custody proceedings in other states;

(3) Communications concerning a finding of inconvenient forum by a court of another

state; and

(4) Other communications or documents concerning custody proceedings in another state

which may affect the jurisdiction of the family court or the disposition to be made by it in a

custody proceeding.

15-14-18. Certified copies of custody decree -- The clerk of the family court at the

request of the court of another state or at the request of any person who is affected by or has

legitimate interest in a custody decree shall, upon payment of the fee provided by law, certify and

forward a copy of the decree to that court or person.

15-14-19. Taking testimony in another state -- In addition to other procedural devices

available to a party, any party to the proceeding or 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 taken in another state and may prescribe the manner in which and the terms upon which the

testimony shall be taken.

15-14-20. Hearings and studies in another state -- Orders to appear -- (a) The family

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, to have social

studies made with respect to the custody of a child involved in proceedings pending in the family

court, and to forward to the family court certified copies of the transcript of the record of the

hearing, the evidence otherwise adduced, or any social studies prepared in compliance with the

request. The cost of the services may be assessed against the parties or, if necessary, ordered paid

by the state.

(b) The family court may request the appropriate court of another state to order a party to

custody proceedings pending in the family court to appear in the proceedings and, if that party

has physical custody of the child, to appear with the child. The request may state that travel and

other necessary expenses of the party and of the child whose appearance is desired will be

assessed against another party or will otherwise be paid.

15-14-21. Assistance to courts of other states -- (a) Upon request of the court of another

state the family court may order a person in Rhode Island to appear at a hearing to adduce

evidence or to produce or give evidence under other procedures available in Rhode Island or may

order social studies to be made for use in a custody proceeding in another state. A certified copy

of the transcript of the record of the hearing or the evidence otherwise adduced and any social

studies prepared shall be forwarded by the clerk of the family court to the requesting court.

(b) A person within Rhode Island may voluntarily give his or her testimony or statement

in Rhode Island for use in a custody proceeding outside Rhode Island.

(c) Upon request of the court of another state the family court may order a person in

Rhode Island to appear alone or with the child in a custody proceeding in another state. The court

may condition compliance with the request upon assurance by the other state that travel and other

necessary expenses will be advanced or reimbursed.

15-14-22. Preservation of documents for use in other states -- In any custody

proceeding in Rhode Island the court shall preserve the pleadings, orders, decrees, any record that

has been made of its hearings, social studies, and other pertinent documents until the child

reaches eighteen (18) years of age. Upon appropriate request of the court of another state the

family court shall forward to the other court certified copies of any or all such documents.

15-14-23. 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

family court, the family court upon taking jurisdiction of the case shall request of the court of the

other state a certified copy of the transcript of any court record and other documents mentioned in

section 15-14-22.

15-14-24. 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

similar in nature to custody institutions rendered by appropriate authorities of other nations if

reasonable notice and opportunity to be heard were given to all affected persons.

15-14-25. Priority -- Upon the request of a party to a custody proceeding which raises a

question of existence or exercise of jurisdiction under this chapter the case shall be given calendar

priority and handled expeditiously.

15-14-26. Severability -- If any provision of this chapter or the application thereof to any

person or circumstances is held invalid, its invalidity does not affect other provisions or

applications of the chapter which can be given without the invalid provision or application, and to

this end the provisions of this chapter are severable.

     SECTION 2. Title 15 of the General Laws entitled "Domestic Relations" is hereby

amended by adding thereto the following chapter:

CHAPTER 14.1

UNIFORM CHILD CUSTODY

JURISDICTION AND ENFORCEMENT ACT

15-14.1-1. Short title. -- This chapter may be cited as the “Uniform Child Custody

Jurisdiction and Enforcement Act.”

15-14.1-2. Definitions. -- As used in this chapter the following words and phrases shall

have the following meanings unless the context shall indicate another or different meaning or

intent:

(1) “Abandoned” means left without provision for reasonable and necessary care or

supervision;

(2) “Child” means an individual who has not attained eighteen (18) years of age;

(3) “Child custody determination” means a judgment, decree, or other order of a court

providing for the legal custody, physical custody, or visitation with respect to a child. The term

includes a permanent, temporary, initial, and modification order. The term does not include an

order relating to child support or other monetary obligation of an individual;

(4) “Child custody proceeding” means a proceeding in which legal custody, physical

custody, or visitation with respect to a child is an issue. The term includes a proceeding for

divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental

rights, and protection from domestic violence, in which the issue may appear. The term does not

include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement

under this chapter;

(5) “Commencement” means the filing of the first pleading in a proceeding;

(6) “Court” means the family court of the State of Rhode Island and Providence

Plantations unless another meaning is so indicated;

(7) “Home state” means the state in which a child lived with a parent or a person acting

as a parent for at least six (6) consecutive months immediately before the commencement of a

child custody proceeding. In the case of a child less than six (6) months of age, the term means

the state in which the child lived from birth with any of the persons mentioned. A period of

temporary absence of any of the mentioned persons is part of the period;

(8) “Initial determination” means the first child custody determination concerning a

particular child;

(9) “Issuing court” means the court that makes a child custody determination for which

enforcement is sought under this chapter;

(10) “Issuing state” means the state in which a child custody determination is made;

(11) “Modification” means a child custody determination that changes, replaces,

supercedes, or is otherwise made after a previous determination concerning the same child,

whether or not it is made by the court that made the previous determination;

(12) “Person” means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, government, governmental subdivision,

agency, or instrumentality, public corporation, or any other legal or commercial entity;

(13) “Person acting as a parent” means a person, other than a parent, who:

(i) has physical custody of the child or has had physical custody for a period of six (6)

consecutive months, including any temporary absence, within one (1) year immediately before

the commencement of a child custody proceeding; and

(ii) has been awarded legal custody by a court or claims a right to legal custody under the

law of this state.

(14) “Physical custody” means the physical care and supervision of a child;

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States;

(16) “Tribe” means an Indian tribe or band, or Alaskan Native village, which is

recognized by federal law or formally acknowledged by a state;

(17) “Warrant” means an order issued by a court authorizing law enforcement officers to

take physical custody of a child.

15-14.1-3. Proceedings governed by other law. -- This chapter does not govern an

adoption proceeding or a proceeding pertaining to the authorization of emergency medical care

for a child.

15-14.1-4. Application to Indian tribes. -- (a) A child custody proceeding that pertains

to an Indian child as defined in the "Indian Child Welfare Act,” 25 U.S.C. section 1901 et seq., is

not subject to this chapter to the extent that it is governed by the "Indian Child Welfare Act."

(b) A court of this state shall treat a tribe as if it were a state of the United States for the

purpose of applying this chapter.

(c) A child custody determination made by a tribe under factual circumstances in

substantial conformity with the jurisdictional standards of this chapter must be recognized and

enforced under this chapter.

15-14.1-5. International application. -- (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 this chapter.

(b) Except as otherwise provided in subsection (c), a child custody determination made in

a foreign country under factual circumstances in substantial conformity with the jurisdictional

standards of this chapter must be recognized and enforced under this chapter.

(c) A court of this state need not apply this chapter if the child custody law of a foreign

country violates fundamental principles of human rights.

15-14.1-6. 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 this chapter or

who have submitted to the jurisdiction of the court, and who have been given an opportunity to be

heard. As to those persons, the determination is conclusive as to all decided issues of law and

fact except to the extent the determination is modified.

15-14.1-7. 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.

15-14.1-8. 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 law of the state in which the service is made. Notice must

be given in a manner reasonably calculated to give actual notice but may be by publication if

other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this state or by

the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who

submits to the jurisdiction of the court.

15-14.1-9. 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 for another proceeding or purpose solely by reason of having participated, or of having been

physically present for the purpose of participating in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than

physical presence is not immune from service of process in this state. A party present in this state

who is subject to the jurisdiction of another state is not immune from service of process allowable

under the laws of that state.

(c) The immunity granted by subsection (a) does not extend to civil litigation based on

acts unrelated to the participation in a proceeding under this chapter committed by an individual

while present in this state.

15-14.1-10. 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 participate in the communication, they must be given the opportunity to present facts

and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar

procedural matters may occur without first informing the parties. A record need not be made of

the communication.

(d) Except as otherwise provided in subsection (c), a record must be made of the

communication under this section. The parties must be informed promptly of the communication

of and granted access to the record.

(e) For the purposes of this section, “record” means information that is inscribed on a

tangible medium or that is stored in an electronic or other medium and is retrievable in

perceivable form. A record includes notes or transcripts of a court reporter who listened to a

conference call between the courts or an electronic recording of the communication between the

courts.

15-14.1-11. 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

other means allowable in this state for testimony taken in another state. The court on its own

motion may order that the testimony of a person be taken in another state and may prescribe the

manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed

or to testify by telephone, audiovisual means, or other electronic means before a designated court

or at another location in that state. A court of this state shall cooperate with courts of other states

in designating an appropriate location for the disposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by

technological means that do not produce an original writing may not be excluded from evidence

on an objection based on the means of transmission.

15-14.1-12. 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 an evaluation be made with respect to the custody of a child involved in a

pending proceeding;

(4) forward to the court of this state a certified copy of the transcript of the record of the

hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the

request; and

(5) order a party to a child custody proceeding or any person having physical custody of

the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or

enter an order described in subsection (a).

(c) Travel and other necessary and reasonable expenses incurred under subsections (a)

and (b) may be assessed against the parties according to the laws of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings,

evaluations, and other pertinent records with respect to a child custody proceeding until the child

attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement

official of another state, the court shall forward a certified copy of those records.

15-14.1-13. Initial child custody jurisdiction. -- (a) Except as otherwise provided, 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 the commencement of the

proceeding, or was the home state of the child within six (6) months before the commencement of

the proceeding and the child is absent from this state but a parent or person acting as a parent

continues to live in this state;

(2) a court of another state does not have jurisdiction under paragraph (1), or a court of

the home state of the child has declined to exercise jurisdiction on the ground that this state is the

more appropriate forum and:

(i) the child and the child’s parents, or the child and at least one parent or a person acting

as a parent, have a significant connection with this state other than mere physical presence; and

(ii) substantial evidence is available in this state concerning the child’s care, protection,

training, and personal relationships;

(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise

jurisdiction on the ground that a court of this state is the more appropriate forum to determine the

custody of the child; or

(4) no court of any other state would have jurisdiction under the criteria specified in

paragraph (1), (2), or (3).

(b) Subsection (a) is the exclusive jurisdictional basis for making a child custody

determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary

or sufficient to make a child custody determination.

15-14.1-14. Exclusive, continuing jurisdiction. -- (a) Except as otherwise provided, a

court of this state which has made a child custody determination consistent with this chapter has

exclusive, continuing jurisdiction over the determination until:

(1) a court of this state determines that neither the child, the child’s parents, and any

person acting as a parent do not have a significant connection with this state and that substantial

evidence is no longer available in this state concerning the child’s care, protection, training, and

personal relationships; or

(2) a court of this state or a court of another state determines that the child, the child’s

parents, and any person acting as a parent do not presently reside in this state.

(b) A court of this state which has made a child custody determination and does not have

exclusive, continuing jurisdiction under this section may modify that determination only if it has

jurisdiction to make an initial determination hereunder.

15-14.1-15. Jurisdiction to modify determination. -- (a) Except as otherwise provided,

a court of this state may 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, and:

(1) the court of the other state determines it no longer has exclusive, continuing

jurisdiction or that a court of this state would be a more convenient forum; or

(2) a court of this state or a court of the other state determines that the child, the child’s

parents, and any person acting as a parent do not presently reside in the other state.

15-14.1-16. 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 the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced

under this chapter and a child custody proceeding has not been commenced in a court of a state

having jurisdiction, a child custody determination made under this section remains in effect until

an order is obtained from a court of a state having jurisdiction. If a child custody proceeding has

not been or is not commenced in a court of a state having jurisdiction, a child custody

determination made under this section becomes a final determination, if it so provides and this

state becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under

this chapter, or a child custody proceeding has been commenced in a court of a state having

jurisdiction, any order issued by a court of this state under this section must specify in the order a

period that the court considers adequate to allow the person seeking an order to obtain an order

from the state having jurisdiction. The order issued in this state remains in effect until an order is

obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination

under this section, upon being informed that a child custody proceeding has been commenced in,

or a child custody determination has been made by, a court of a state having jurisdiction, shall

immediately communicate with the other court. A court of this state which is exercising

jurisdiction, upon being informed that a child custody proceeding has been commenced in, or a

child custody determination has been made by, a court of another state under a statute similar to

this section shall immediately communicate with the court of that state to resolve the emergency,

protect the safety of the parties and the child, and determine a period for the duration of the

temporary order.

15-14.1-17. 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 this chapter must be given to all persons entitled to notice under the law of this state as in

child custody proceedings between residents of this state, any parent whose parental rights have

not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child custody determination made

without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody

proceeding under this chapter are governed by the law of this state as in child custody

proceedings between residents of this state.

15-14.1-18. Simultaneous proceedings. – (a) Except as otherwise provided, a court of

this state may not exercise its jurisdiction under this chapter 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 having jurisdiction substantially in conformity with this chapter, unless the

proceeding has been terminated or is stayed by the court of the other state because a court of this

state is a more convenient forum.

(b) Except as otherwise provided, a court of this state, before hearing a child custody

proceeding, shall examine the court documents and other information supplied by the parties

pursuant to this chapter. If the court determined that a child custody proceeding has been

commenced in a court in another state having jurisdiction substantially in accordance with this

chapter, the court of this state shall stay its proceeding and communicate with the court of the

other state. If the court of the state having jurisdiction substantially in accordance with this

chapter does not determine that the court of this state is a more appropriate forum, the court of

this state shall dismiss the proceeding.

(c) In a proceeding to modify a child custody determination, a court of this state shall

determine whether a proceeding to enforce the determination has been commenced in another

state. If a proceeding to enforce a child custody determination has been commenced in another

state, the court may:

(1) stay the proceeding for modification pending the entry of an order of a court of the

other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement; or

(3) proceed with the modification under conditions it considers appropriate.

15-14.1-19. 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 court of

another state is a more appropriate forum. The issue of inconvenient forum may be raised upon

motion of a party, the court’s own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall

consider whether it is appropriate for a court of another state to exercise jurisdiction. For this

purpose, the court shall allow the parties to submit information and shall consider all relevant

factors, including:

(1) whether domestic violence has occurred and is likely to continue in the future and

which state could best protect the parties and the child;

(2) the length of time the child has resided outside this state;

(3) the distance between the court in this state and the court in the state that would

assume jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation,

including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the

procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending

litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of

another state is a more appropriate forum, it shall stay the proceedings upon condition that a child

custody proceeding be promptly commenced in another designated state and may impose any

other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a

child custody determination is incidental to an action for divorce or another proceeding while still

retaining jurisdiction over the divorce or other proceeding.

15-14.1-20. Jurisdiction declined by reason of conduct. -- (a) Except as otherwise

provided, 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 decline to exercise its

jurisdiction unless:

(1) the parents and all persons acting as parents have acquiesced in the exercise of

jurisdiction;

(2) a court of the state otherwise having jurisdiction determined that this state is a more

appropriate forum; or

(3) no court of any other state would have jurisdiction under the criteria specified in this

chapter.

(b) If a court of this state declined to exercise its jurisdiction pursuant to subsection (a), it

may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the

unjustifiable conduct, including staying the proceeding until a child custody proceeding is

commenced in a court having jurisdiction.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its

jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its

jurisdiction necessary and reasonable expenses including costs, communication expenses,

attorneys' fees, investigative fees, expenses for witnesses, travel expenses, and child care during

the course of the proceedings, unless the party from whom fees are sought establishes that the

assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses

against this state unless authorized by law other than this chapter.

15-14.1-21. Information to be submitted to court. – (a) Subject to any law providing

for the confidentiality of procedures, addresses, and other identifying information 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 five (5) years, and the names and

present addresses of the persons with whom the child has lived during that period. The pleading

or affidavit must state whether the party:

(1) has participated, as a party or witness or in any other capacity, in any other

proceeding concerning the custody of or visitation with the child and, if so, identify the court, the

case number, and the date of the child custody determination, if any;

(2) knows of any proceeding that could affect the current proceeding, including

proceedings for enforcement and proceedings relating to domestic violence, protective orders,

termination of parental rights, and adoptions and, if so, identify the court, the case number, and

the nature of the proceeding; and

(3) knows the names and addresses of any person not a party to the proceeding who has

physical custody of the child or claims rights of legal custody or physical custody of, or visitation

with, the child and, if so, the names and address of those persons.

(b) If the information required by subsection (a) is not furnished, the court, upon motion

of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subsections (a)(1) through (3) is

in the affirmative, the declarant shall give additional information under oath as required by the

court. The court may examine the parties under oath as to details of the information furnished

and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any

other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or

liberty of a party or child would be jeopardized by disclosure of identifying information, the

information must be sealed and may not be disclosed to the other party or the public unless the

court orders the disclosure to be made after a hearing in which the court takes into consideration

the health, safety, or liberty of the party or child and determines that the disclosure is in the

interest of justice.

15-14.1-22. 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 who

has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is

outside this state, the court may order that a notice given pursuant to this chapter include a

statement directing the party to appear in person with or without the child and informing the party

that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any

person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside this state is directed to appear

under subsection (b) or desires to appear personally before the court with or without the child, the

court may require another party to pay reasonable and necessary travel and other expenses of the

party so appearing and of the child.

15-14.1-23. Additional definitions in this chapter. – (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” means a person against whom a proceeding has been commenced for

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.

15-14.1-24. Enforcement under Hague Convention. -- 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.

15-14.1-25. 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

circumstances meeting the jurisdictional standards of this chapter and the determination has not

been modified in accordance with this chapter.

(b) A court of this state may utilize any remedy available under other law of this state to

enforce a child custody determination made by a court of another state. The remedies provided in

this chapter are cumulative and do not affect the availability of other remedies to enforce a child

custody determination.

15-14.1-26. 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 custody determination of another state that does not

provide for a specific visitation schedule.

(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the

order a period that it considers adequate to allow the petitioner to obtain an order from a court

having jurisdiction under the criteria specified in this chapter. The order remains in effect until

an order is obtained from the other court or the period expires.

15-14.1-27. 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 or other document requesting registration;

(2) two (2) copies, including one (1) certified copy, of the determination sought to be

registered, and a statement under penalty of perjury that to the best of the knowledge and belief of

the person seeking registration the order has not been modified; and

(3) except as otherwise provided, the name and address of the person seeking registration

and any parent or person acting as a parent who has been awarded custody or visitation in the

child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a), the registering court shall:

(1) cause the determination to be filed as a foreign judgment, together with one (1) copy

of any accompanying documents and information, regardless of their form; and

(2) serve notice upon the persons named pursuant to subsection (a)(3) and provide them

with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subsection (b)(2) must state that:

(1) a registered determination is enforceable as of the date of the registration in the same

manner as a determination issued by a court of this state;

(2) a hearing to contest the validity of the registered determination must be requested

within twenty (20) days after service of notice; and

(3) failure to contest the registration will result in confirmation of the child custody

determination and preclude further contest of that determination with respect to any matter that

could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing

within twenty (20) days after service of the notice. At that hearing, the court shall confirm the

registered order unless the person contesting registration establishes that:

(1) the issuing court did not have jurisdiction;

(2) the child custody determination sought to be registered has been vacated, stayed, or

modified by a court having jurisdiction to do so; or

(3) the person contesting registration was entitled to notice, but notice was not given in

the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made,

the registration is confirmed as a matter of law and the person requesting registration and all

persons served must be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and

hearing, precludes further contest of the order with respect to any matter that could have been

asserted at the time of registration.

15-14.1-28. 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 enforce, but may not modify, except in

accordance with this chapter, a registered child custody determination of a court of another state.

15-14.1-29. Simultaneous proceedings. – If a proceeding for enforcement under this

chapter 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

determination under this chapter, the enforcing court shall immediately communicate with the

modifying court. The proceeding for enforcement continues unless the enforcing court, after

consultation with the modifying court, stays or dismisses the proceeding.

15-14.1-30. Expedited enforcement of child custody determination. – (a) A petition

under this chapter 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 for enforcement of a child custody determination must state:

(1) whether the court that issued the determination identified the jurisdictional basis it

relied upon in exercising jurisdiction and, if so, what the basis was;

(2) whether the determination for which enforcement is sought has been vacated, stayed,

or modified by a court whose decision must be enforced under this chapter and, if so, identify the

court, the case number, and the nature of the proceeding;

(3) whether any proceeding has been commenced that could affect the current

proceeding, including proceedings relating to domestic violence, protective orders, termination of

parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the

proceeding;

(4) the present physical address of the child and the respondent, if known;

(5) whether relief in addition to the immediate physical custody of the child and

attorneys’ fees is sought, including a request for assistance from law enforcement officials and, if

so, the relief sought; and

(6) if the child custody determination has been registered and confirmed, the date and

place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to

appear in person with or without the child at a hearing and may enter any order necessary to

ensure the safety of the parties and the child. The hearing must be held on the next judicial day

after service of the order unless that date is impossible. In that event, the court shall hold the

hearing on the first judicial day possible. The court may extend the date of hearing at the request

of the petitioner.

(d) An order issued under subsection (c) must state the time and place of the hearing and

advise the respondent that at the hearing the court may order that the petitioner may take

immediate physical custody of the child and the payment of fees, costs, and expenses and may

schedule a hearing to determine whether further relief is appropriate, unless the respondent

appears and establishes that:

(1) the child custody determination has not been registered and confirmed and that:

(i) the issuing court did not have jurisdiction;

(ii) the child custody determination for which enforcement is sought has been vacated,

stayed, or modified by a court having jurisdiction to do so;

(iii) the respondent was entitled to notice, but notice was not given in the proceedings

before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and

confirmed, but has been vacated, stayed, or modified by a court of a state having jurisdiction.

15-14.1-31. Service of petition and order. – Except as otherwise provided, 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.

15-14.1-32. Hearing and order. – (a) Unless the court issues a temporary emergency

order, 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

respondent establishes that:

(1) the child custody determination has not been registered and confirmed and that:

(i) the issuing court did not have jurisdiction;

(ii) the child custody determination for which enforcement is sought has been vacated,

stayed, or modified by a court of a state having jurisdiction to do so; or

(iii) the respondent was entitled to notice, but notice was not given in the proceedings

before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and

confirmed but has been vacated, stayed, or modified by a court of a state having jurisdiction to do

so.

(b) The court may award the fees, costs, and expenses and may grant additional relief,

including a request for the assistance of law enforcement officials, and set a further hearing to

determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the grounds that the testimony may be

self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of

immunity based on the relationship of husband and wife or parent and child may not be invoked

in a proceeding under this chapter.

15-14.1-33. 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

immediately likely to suffer serious physical harm or be removed from this state.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child

is imminently likely to suffer serious physical harm or be removed from this state, it may issue a

warrant to take physical custody of the child. The petition must be heard on the next judicial day

after the warrant is executed unless that date is impossible. In that event, the court shall hold the

hearing on the first judicial day possible. The application for the warrant must include the

statements required by this chapter.

(c) A warrant to take physical custody of a child must:

(1) recite the facts upon which a conclusion of imminent serious physical harm or

removal from the jurisdiction is based;

(2) direct law enforcement officers to take physical custody of the child immediately; and

(3) provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant, and order immediately after

the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this state. If

the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive

remedy is not effective, it may authorize law enforcement officers to enter private property to

take physical custody of the child. If required by exigent circumstances of the case, the court may

authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance

of the child and the child’s custodian.

15-14.1-34. 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, attorneys’ fees, investigative fees, expenses for

witnesses, travel expenses, and child care during the course of the proceedings.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by

law other than this chapter.

15-14.1-35. 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, stayed,

or modified by a court having jurisdiction to do so under this chapter.

15-14.1-36. Appeals. – An appeal may be taken from a final order in a proceeding under

this chapter in accordance with expedited appellate procedures in other civil cases. Unless the

court enters a temporary emergency order, the enforcing court may not stay an order enforcing a

child custody determination pending appeal.

15-14.1-37. Role of prosecutor or public official. - (a) In a case arising under this

chapter or involving the Hague Convention on the Civil Aspects of International Child

Abduction, the prosecutor or other appropriate public official may take any lawful action,

including resorting to a proceeding under this chapter or any other available civil proceeding to

locate a child, obtain the return of a child, or enforce a child custody determination if there is:

(1) an existing child custody determination;

(2) a request to do so from a court in a pending child custody proceeding;

(3) a reasonable belief that a criminal statute has been violated; or

(4) a reasonable belief that the child has been wrongfully removed or retained in violation

of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) A prosecutor or appropriate public official acting under this section acts on behalf of

the court and may not represent any party.

15-14.1-38. Role of law enforcement. – At the request of a prosecutor or other

appropriate public official, a law enforcement officer may take any lawful action reasonably

necessary to locate a child or a party and assist a prosecutor or appropriate public official.

15-14.1-39. 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 prosecutor or

other appropriate public official and law enforcement officers.

15-14.1-40. Application and construction. – In applying and construing this chapter,

consideration must be given to the need to promote uniformity of the law with respect to its

subject matter among states that enact it.

15-14.1-41. Severability clause. – If any provision of this chapter or its application to

any person or circumstance is held invalid, the invalidity does not affect other provisions or

applications of this chapter which can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are severable.

15-14.1-42. Transitional provision. – A motion or other request for relief made in a

child custody proceeding or to enforce a child custody determination which was commenced

before the effective date of this chapter is governed by the law in effect at the time the motion or

other request was made.

SECTION 3. This act shall take effect upon passage.     

=======

LC00591

=======