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CHAPTER 14-14.1UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT14-14.1-01. (102) Definitions. As used in this chapter:1.&quot;Abandoned&quot; means left without provision for reasonable and necessary care or<br>supervision.2.&quot;Child custody determination&quot; means a judgment, decree, or other order of a court<br>providing for the legal custody, physical custody, or visitation with respect to a child.<br>The term includes a permanent, temporary, initial, and modification order. The term<br>does not include an order relating to child support or other monetary obligation of an<br>individual.3.&quot;Child custody proceeding&quot; means a proceeding in which legal custody, physical<br>custody, or visitation with respect to a child is an issue.The term includes aproceeding for divorce, separation, neglect, abuse, dependency, guardianship,<br>paternity, termination of parental rights, and protection from domestic violence, in<br>which the issue may appear. The term does not include a proceeding involving<br>juvenile delinquency, contractual emancipation, or enforcement under sections<br>14-14.1-22 through 14-14.1-37.4.&quot;Commencement&quot; means the filing of the first pleading in a proceeding.5.&quot;Court&quot; means an entity authorized under the law of a state to establish, enforce, or<br>modify a child custody determination.6.&quot;Home state&quot; means the state in which a child lived with a parent or a person acting<br>as a parent for at least six consecutive months immediately before the<br>commencement of a child custody proceeding. In the case of a child less than six<br>months of age, the term means the state in which the child lived from birth with any<br>of the persons mentioned. A period of temporary absence of any of the mentioned<br>persons is part of the period.7.&quot;Initial determination&quot; means the first child custody determination concerning a<br>particular child.8.&quot;Issuing court&quot; means the court that makes a child custody determination for which<br>enforcement is sought under this chapter.9.&quot;Issuing state&quot; means the state in which a child custody determination is made.10.&quot;Modification&quot; means a child custody determination that changes, replaces,<br>supersedes, or is otherwise made after a previous determination concerning the<br>same child, whether or not it is made by the court that made the previous<br>determination.11.&quot;Person acting as a parent&quot; means a person, other than a parent, who:a.Has physical custody of the child or has had physical custody for a period of six<br>consecutive months, including any temporary absence, within one year<br>immediately before the commencement of a child custody proceeding; andb.Has been awarded legal custody by a court or claims a right to legal custody<br>under the law of this state.Page No. 112.&quot;Petitioner&quot; means a person who seeks enforcement of an order for return of a child<br>under the Hague convention on the civil aspects of international child abduction or<br>enforcement of a child custody determination.13.&quot;Physical custody&quot; means the physical care and supervision of a child.14.&quot;Respondent&quot; means a person against whom a proceeding has been commenced<br>for enforcement of an order for return of a child under the Hague convention on the<br>civil aspects of international child abduction or enforcement of a child custody<br>determination.15.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.16.&quot;Tribe&quot; means an Indian tribe or band, or Alaskan native village, which is recognized<br>by federal law or formally acknowledged by a state.17.&quot;Warrant&quot; means an order issued by a court authorizing law enforcement officers to<br>take physical custody of a child.14-14.1-02. (103) Proceedings governed by other law. This chapter does not governan adoption proceeding or a proceeding pertaining to the authorization of emergency medical<br>care for a child.14-14.1-03. (104) Application to Indian tribes.1.A child custody proceeding that pertains to an Indian child as defined in the Indian<br>Child Welfare Act [25 U.S.C. 1901 et seq.] is not subject to this chapter to the extent<br>that it is governed by the Indian Child Welfare Act.2.A court of this state shall treat a tribe as if it were a state for the purpose of applying<br>sections 14-14.1-01 through 14-14.1-21.3.A child custody determination made by a tribe under factual circumstances in<br>substantial conformity with the jurisdictional standards of this chapter must be<br>recognized and enforced under sections 14-14.1-22 through 14-14.1-37.14-14.1-04. (105) International application.1.A court of this state shall treat a foreign country as if it were a state for the purpose<br>of applying sections 14-14.1-01 through 14-14.1-21.2.Except as otherwise provided in subsection 3, a child custody determination made in<br>a foreign country under factual circumstances in substantial conformity with the<br>jurisdictional standards of this chapter must be recognized and enforced under<br>sections 14-14.1-22 through 14-14.1-37.3.A court of this state need not apply this chapter if the child custody law of a foreign<br>country violates fundamental principles of human rights.14-14.1-05.(106) Effect of child custody determination.A child custodydetermination made by a court of this state that had jurisdiction under this chapter binds all<br>persons who have been served in accordance with the laws of this state or notified in accordance<br>with section 14-14.1-07 or who have submitted to the jurisdiction of the court and who have been<br>given an opportunity to be heard. As to those persons, the determination is conclusive as to all<br>decided issues of law and fact, except to the extent the determination is modified.Page No. 214-14.1-06. (107) Priority. If a question of existence or exercise of jurisdiction under thischapter is raised in a child custody proceeding, the question, upon request of a party, must be<br>given priority on the calendar and handled expeditiously.14-14.1-07. (108) Notice to persons outside state.1.Notice required for the exercise of jurisdiction when a person is outside this state<br>may be given in a manner prescribed by the law of this state for service of process<br>or by the law of the state in which the service is made. Notice must be given in a<br>manner reasonably calculated to give actual notice but may be by publication if other<br>means are not effective.2.Proof of service may be made in the manner prescribed by the law of this state or by<br>the law of the state in which the service is made.3.Notice is not required for the exercise of jurisdiction with respect to a person who<br>submits to the jurisdiction of the court.14-14.1-08. (109) Appearance and limited immunity.1.A party to a child custody proceeding, including a modification proceeding, or a<br>petitioner or respondent in a proceeding to enforce or register a child custody<br>determination is not subject to personal jurisdiction in this state for another<br>proceeding or purpose solely by reason of having participated, or of having been<br>physically present for the purpose of participating, in the proceeding.2.A person who is subject to personal jurisdiction in this state on a basis other than<br>physical presence is not immune from service of process in this state.A partypresent in this state who is subject to the jurisdiction of another state is not immune<br>from service of process allowable under the laws of that state.3.The immunity granted by subsection 1 does not extend to civil litigation based on<br>acts unrelated to the participation in a proceeding under this chapter committed by<br>an individual while present in this state.14-14.1-09. (110) Communication between courts.1.A court of this state may communicate with a court in another state concerning a<br>proceeding arising under this chapter.2.The court may allow the parties to participate in the communication. If the parties<br>are not able to participate in the communication, they must be given the opportunity<br>to present facts and legal arguments before a decision on jurisdiction is made.3.Communication between courts on schedules, calendars, court records, and similar<br>matters may occur without informing the parties. A record need not be made of the<br>communication.4.Except as otherwise provided in subsection 3, a record must be made of a<br>communication under this section. The parties must be informed promptly of the<br>communication and granted access to the record.5.For the purposes of this section, &quot;record&quot; means information that is inscribed on a<br>tangible medium or that is stored in an electronic or other medium and is retrievable<br>in perceivable form.14-14.1-10. (111) Taking testimony in another state.Page No. 31.In addition to other procedures available to a party, a party to a child custody<br>proceeding may offer testimony of witnesses who are located in another state,<br>including testimony of the parties and the child, by deposition or other means<br>allowable in this state for testimony taken in another state. The court on its own<br>motion may order that the testimony of a person be taken in another state and may<br>prescribe the manner in which and the terms upon which the testimony is taken.2.A court of this state may permit an individual residing in another state to be deposed<br>or to testify by telephone, audiovisual means, or other electronic means before a<br>designated court or at another location in that state.A court of this state shallcooperate with courts of other states in designating an appropriate location for the<br>deposition or testimony.3.Documentary evidence transmitted from another state to a court of this state by<br>technological means that do not produce an original writing may not be excluded<br>from evidence on an objection based on the means of transmission.14-14.1-11. (112) Cooperation between courts - Preservation of records.1.A court of this state may request the appropriate court of another state to:a.Hold an evidentiary hearing;b.Order a person to produce or give evidence pursuant to procedures of that<br>state;c.Order that an evaluation be made with respect to the custody of a child involved<br>in a pending proceeding;d.Forward to the court of this state a certified copy of the transcript of the record<br>of the hearing, the evidence otherwise presented, and any evaluation prepared<br>in compliance with the request; ande.Order a party to a child custody proceeding or any person having physical<br>custody of the child to appear in the proceeding with or without the child.2.Upon request of a court of another state, a court of this state may hold a hearing or<br>enter an order described in subsection 1.3.Travel and other necessary and reasonable expenses incurred under subsections 1<br>and 2 may be assessed against the parties according to the law of this state.4.A court of this state shall preserve the pleadings, orders, decrees, records of<br>hearings, evaluations, and other pertinent records with respect to a child custody<br>proceeding until the child attains eighteen years of age. Upon appropriate request<br>by a court or law enforcement official of another state, the court shall forward a<br>certified copy of those records.14-14.1-12. (201) Initial child custody jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state has<br>jurisdiction to make an initial child custody determination only if:a.This state is the home state of the child on the date of the commencement of<br>the proceeding, or was the home state of the child within six months before the<br>commencement of the proceeding, and the child is absent from this state but a<br>parent or person acting as a parent continues to live in this state;Page No. 4b.A court of another state does not have jurisdiction under subdivision a, or a<br>court of the home state of the child has declined to exercise jurisdiction on the<br>ground that this state is the more appropriate forum under section 14-14.1-18<br>or 14-14.1-19, and:(1)The child and the child's parents, or the child and at least one parent or a<br>person acting as a parent, have a significant connection with this state<br>other than mere physical presence; and(2)Substantial evidence is available in this state concerning the child's care,<br>protection, training, and personal relationships;c.All courts having jurisdiction under subdivision a or b have declined to exercise<br>jurisdiction on the ground that a court of this state is the more appropriate forum<br>to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; ord.No court of any other state would have jurisdiction under the criteria specified in<br>subdivision a, b, or c.2.Subsection 1 is the exclusive jurisdictional basis for making a child custody<br>determination by a court of this state.3.Physical presence of, or personal jurisdiction over, a party or a child is not necessary<br>or sufficient to make a child custody determination.14-14.1-13. (202) Exclusive, continuing jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state which has<br>made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14<br>has exclusive, continuing jurisdiction over the determination until:a.A court of this state determines that neither the child, nor the child and one<br>parent, nor the child and a person acting as a parent have a significant<br>connection with this state and that substantial evidence is no longer available in<br>this state concerning the child's care, protection, training, and personal<br>relationships; orb.A court of this state or a court of another state determines that the child, the<br>child's parents, and any person acting as a parent do not presently reside in<br>this state.2.A court of this state which has made a child custody determination and does not<br>have exclusive, continuing jurisdiction under this section may modify that<br>determination only if it has jurisdiction to make an initial determination under section<br>14-14.1-12.14-14.1-14. (203) Jurisdiction to modify determination. Except as otherwise providedin section 14-14.1-15, a court of this state may not modify a child custody determination made by<br>a court of another state unless a court of this state has jurisdiction to make an initial<br>determination under subdivision a or b of subsection 1 of section 14-14.1-12 and:1.The court of the other state determines it no longer has exclusive, continuing<br>jurisdiction under section 14-14.1-13 or that a court of this state would be a more<br>convenient forum under section 14-14.1-18; or2.A court of this state or a court of the other state determines that the child, the child's<br>parents, and any person acting as a parent do not presently reside in the other state.14-14.1-15. (204) Temporary emergency jurisdiction.Page No. 51.A court of this state has temporary emergency jurisdiction if the child is present in<br>this state and the child has been abandoned or it is necessary in an emergency to<br>protect the child because the child, or a sibling or parent of the child, is subjected to<br>or threatened with mistreatment or abuse.2.If there is no previous child custody determination that is entitled to be enforced<br>under this chapter and a child custody proceeding has not been commenced in a<br>court of a state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a<br>child custody determination made under this section remains in effect until an order<br>is obtained from a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14.If a child custody proceeding has not been or is notcommenced in a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14, a child custody determination made under this section becomes<br>a final determination, if it so provides and this state becomes the home state of the<br>child.3.If there is a previous child custody determination that is entitled to be enforced under<br>this chapter, or a child custody proceeding has been commenced in a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, any order<br>issued by a court of this state under this section must specify in the order a period<br>that the court considers adequate to allow the person seeking an order to obtain an<br>order from the state having jurisdiction under sections 14-14.1-12 through<br>14-14.1-14. The order issued in this state remains in effect until an order is obtained<br>from the other state within the period specified or the period expires.4.A court of this state which has been asked to make a child custody determination<br>under this section, upon being informed that a child custody proceeding has been<br>commenced in, or a child custody determination has been made by, a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, shall<br>immediately communicate with the other court.A court of this state which isexercising jurisdiction pursuant to sections 14-14.1-12 through 14-14.1-14, upon<br>being informed that a child custody proceeding has been commenced in, or a child<br>custody determination has been made by, a court of another state under a statute<br>similar to this section shall immediately communicate with the court of that state to<br>resolve the emergency, protect the safety of the parties and the child, and determine<br>a period for the duration of the temporary order.14-14.1-16. (205) Notice - Opportunity to be heard - Joinder.1.Before a child custody determination is made under this chapter, notice and an<br>opportunity to be heard in accordance with section 14-14.1-07 must be given to all<br>persons entitled to notice under the law of this state as in child custody proceedings<br>between residents of this state, any parent whose parental rights have not been<br>previously terminated, and any person having physical custody of the child.2.This chapter does not govern the enforceability of a child custody determination<br>made without notice or an opportunity to be heard.3.The obligation to join a party and the right to intervene as a party in a child custody<br>proceeding under this chapter are governed by the laws of this state as in child<br>custody proceedings between residents of this state.14-14.1-17. (206) Simultaneous proceedings.1.Except as otherwise provided in section 14-14.1-15, a court of this state may not<br>exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time<br>of the commencement of the proceeding, a proceeding concerning the custody of<br>the child has been commenced in a court of another state having jurisdiction<br>substantially in conformity with this chapter, unless the proceeding has beenPage No. 6terminated or is stayed by the court of the other state because a court of this state is<br>a more convenient forum under section 14-14.1-18.2.Except as otherwise provided in section 14-14.1-15, a court of this state, before<br>hearing a child custody proceeding, shall examine the court documents and other<br>information supplied by the parties under section 14-14.1-20. If the court determines<br>that a child custody proceeding has been commenced in a court in another state<br>having jurisdiction substantially in accordance with this chapter, the court of this<br>state shall stay its proceeding and communicate with the court of the other state. If<br>the court of the state having jurisdiction substantially in accordance with this chapter<br>does not determine that the court of this state is a more appropriate forum, the court<br>of this state shall dismiss the proceeding.3.In a proceeding to modify a child custody determination, a court of this state shall<br>determine whether a proceeding to enforce the determination has been commenced<br>in another state. If a proceeding to enforce a child custody determination has been<br>commenced in another state, the court may:a.Stay the proceeding for modification pending the entry of an order of a court of<br>the other state enforcing, staying, denying, or dismissing the proceeding for<br>enforcement;b.Enjoin the parties from continuing with the proceeding for enforcement; orc.Proceed with the modification under conditions it considers appropriate.14-14.1-18. (207) Inconvenient forum.1.A court of this state which has jurisdiction under this chapter to make a child custody<br>determination may decline to exercise its jurisdiction at any time if it determines that<br>it is an inconvenient forum under the circumstances and that a court of another state<br>is a more appropriate forum. The issue of inconvenient forum may be raised upon<br>motion of a party, the court's own motion, or request of another court.2.Before determining whether it is an inconvenient forum, a court of this state shall<br>consider whether it is appropriate for a court of another state to exercise jurisdiction.<br>For this purpose, the court shall allow the parties to submit information and shall<br>consider all relevant factors, including:a.Whether domestic violence has occurred and is likely to continue in the future<br>and which state could best protect the parties and the child;b.The length of time the child has resided outside this state;c.The distance between the court in this state and the court in the state that<br>would assume jurisdiction;d.The relative financial circumstances of the parties;e.Any agreement of the parties as to which state should assume jurisdiction;f.The nature and location of the evidence required to resolve the pending<br>litigation, including testimony of the child;g.The ability of the court of each state to decide the issue expeditiously and the<br>procedures necessary to present the evidence; andh.The familiarity of the court of each state with the facts and issues in the pending<br>litigation.Page No. 73.If a court of this state determines that it is an inconvenient forum and that a court of<br>another state is a more appropriate forum, it shall stay the proceedings upon<br>condition that a child custody proceeding be promptly commenced in another<br>designated state and may impose any other condition the court considers just and<br>proper.4.A court of this state may decline to exercise its jurisdiction under this chapter if a<br>child custody determination is incidental to an action for divorce or another<br>proceeding while still retaining jurisdiction over the divorce or other proceeding.14-14.1-19. (208) Jurisdiction declined by reason of conduct.1.Except as otherwise provided in section 14-14.1-15, if a court of this state has<br>jurisdiction under this chapter because a person seeking to invoke its jurisdiction has<br>engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction<br>unless:a.The parents and all persons acting as parents have acquiesced in the exercise<br>of jurisdiction;b.A court of the state otherwise having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14 determines that this state is a more appropriate forum<br>under section 14-14.1-18; orc.No court of any other state would have jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-14.2.If a court of this state declines to exercise its jurisdiction under subsection 1, it may<br>fashion an appropriate remedy to ensure the safety of the child and prevent a<br>repetition of the unjustifiable conduct, including staying the proceeding until a child<br>custody proceeding is commenced in a court having jurisdiction under sections<br>14-14.1-12 through 14-14.1-14.3.If a court dismisses a petition or stays a proceeding because it declines to exercise<br>its jurisdiction pursuant to subsection 1, it shall assess against the party seeking to<br>invoke its jurisdiction necessary and reasonable expenses, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees are sought establishes that the assessment would<br>be clearly inappropriate. The court may not assess fees, costs, or expenses against<br>this state unless authorized by law other than this chapter.14-14.1-20. (209) Information to be submitted to court.1.Subject to section 14-07.1-18, in a child custody proceeding, each party, in its first<br>pleading or in an attached affidavit, shall give information, if reasonably<br>ascertainable, under oath as to the child's present address or whereabouts, the<br>places where the child has lived during the last five years, and the names and<br>present addresses of the persons with whom the child has lived during that period.<br>The pleading or affidavit must state whether the party:a.Has participated, as a party or witness or in any other capacity, in any other<br>proceeding concerning the custody of or visitation with the child and, if so,<br>identify the court, the case number, and the date of the child custody<br>determination, if any;b.Knows of any proceeding that could affect the current proceeding, including<br>proceedings for enforcement and proceedings relating to domestic violence,Page No. 8protective orders, termination of parental rights, and adoptions and, if so,<br>identify the court, the case number, and the nature of the proceeding; andc.Knows the names and addresses of any person not a party to the proceeding<br>who has physical custody of the child or claims rights of legal custody or<br>physical custody of, or visitation with, the child and, if so, the names and<br>addresses of those persons.2.If the information required by subsection 1 is not furnished, the court, upon motion of<br>a party or its own motion, may stay the proceeding until the information is furnished.3.If the declaration as to any of the items described in subdivision a, b, or c of<br>subsection 1 is in the affirmative, the declarant shall give additional information<br>under oath as required by the court. The court may examine the parties under oath<br>as to details of the information furnished and other matters pertinent to the court's<br>jurisdiction and the disposition of the case.4.Each party has a continuing duty to inform the court of any proceeding in this or any<br>other state that could affect the current proceeding.14-14.1-21. (210) Appearance of parties and child.1.In a child custody proceeding in this state, the court may order a party to the<br>proceeding who is in this state to appear before the court in person with or without<br>the child. The court may order any person who is in this state and who has physical<br>custody or control of the child to appear in person with the child.2.If a party to a child custody proceeding whose presence is desired by the court is<br>outside this state, the court may order that a notice given under section 14-14.1-07<br>include a statement directing the party to appear in person with or without the child<br>and informing the party that failure to appear may result in a decision adverse to the<br>party.3.The court may enter any orders necessary to ensure the safety of the child and of<br>any person ordered to appear under this section.4.If a party to a child custody proceeding who is outside this state is directed to appear<br>under subsection 1 or desires to appear personally before the court with or without<br>the child, the court may require another party to pay reasonable and necessary<br>travel and other expenses of the party so appearing and of the child.14-14.1-22. (302) Enforcement under the Hague convention. Under this chapter, acourt of this state may enforce an order for the return of the child made under the Hague<br>convention on the civil aspects of international child abduction as if it were a child custody<br>determination.14-14.1-23. (303) Duty to enforce.1.A court of this state shall recognize and enforce a child custody determination of a<br>court of another state if the latter court exercised jurisdiction in substantial conformity<br>with this chapter, or the determination was made under factual circumstances<br>meeting the jurisdictional standards of this chapter, and the determination has not<br>been modified in accordance with this chapter.2.A court of this state may utilize any remedy available under other law of this state to<br>enforce a child custody determination made by a court of another state.Theremedies provided in this chapter are cumulative and do not affect the availability of<br>other remedies to enforce a child custody determination.Page No. 914-14.1-24. (304) Temporary visitation.1.A court of this state which does not have jurisdiction to modify a child custody<br>determination may issue a temporary order enforcing:a.A visitation schedule made by a court of another state; orb.The visitation provisions of a child custody determination of another state that<br>does not provide for a specific visitation schedule.2.If a court of this state makes an order under subdivision b of subsection 1, it shall<br>specify in the order a period that it considers adequate to allow the petitioner to<br>obtain an order from a court having jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-21. The order remains in effect until an order is<br>obtained from the other court or the period expires.14-14.1-25. (305) Registration of child custody determination.1.A child custody determination issued by a court of another state may be registered in<br>this state, with or without a simultaneous request for enforcement, by sending to the<br>district court in this state:a.A letter or other document requesting registration;b.Two copies, including one certified copy, of the determination sought to be<br>registered, and a statement under penalty of perjury that to the best of the<br>knowledge and belief of the person seeking registration the order has not been<br>modified; andc.Except as otherwise provided in section 14-14.1-20, the name and address of<br>the person seeking registration and any parent or person acting as a parent<br>who has been awarded custody or visitation in the child custody determination<br>sought to be registered.2.On receipt of the documents required by subsection 1, the registering court shall:a.Cause the determination to be filed as a foreign judgment, together with one<br>copy of any accompanying documents and information, regardless of their<br>form; andb.Serve notice upon the persons named pursuant to subdivision c of subsection 1<br>and provide them with an opportunity to contest the registration in accordance<br>with this section.3.The notice required by subdivision b of subsection 2 must state that:a.A registered determination is enforceable as of the date of the registration in<br>the same manner as a determination issued by a court of this state;b.A hearing to contest the validity of the registered determination must be<br>requested within twenty days after service of notice; andc.Failure to contest the registration will result in confirmation of the child custody<br>determination and preclude further contest of that determination with respect to<br>any matter that could have been asserted.4.A person seeking to contest the validity of a registered order must request a hearing<br>within twenty days after service of the notice. At that hearing, the court shall confirm<br>the registered order unless the person contesting registration establishes that:Page No. 10a.The issuing court did not have jurisdiction under sections 14-14.1-12 through<br>14-14.1-21;b.The child custody determination sought to be registered has been vacated,<br>stayed, or modified by a court having jurisdiction to do so under sections<br>14-14.1-12 through 14-14.1-21; orc.The person contesting registration was entitled to notice, but notice was not<br>given in accordance with section 14-14.1-07, in the proceedings before the<br>court that issued the order for which registration is sought.5.If a timely request for a hearing to contest the validity of the registration is not made,<br>the registration is confirmed as a matter of law and the person requesting<br>registration and all persons served must be notified of the confirmation.6.Confirmation of a registered order, whether by operation of law or after notice and<br>hearing, precludes further contest of the order with respect to any matter that could<br>have been asserted at the time of registration.14-14.1-26. (306) Enforcement of registered determination.1.A court of this state may grant any relief normally available under the law of this<br>state to enforce a registered child custody determination made by a court of another<br>state.2.A court of this state shall recognize and enforce, but may not modify, except in<br>accordance with sections 14-14.1-12 through 14-14.1-21, a registered child custody<br>determination of a court of another state.14-14.1-27. (307) Simultaneous proceedings. If a proceeding for enforcement undersections 14-14.1-22 through 14-14.1-37 is commenced in a court of this state and the court<br>determines that a proceeding to modify the determination is pending in a court of another state<br>having jurisdiction to modify the determination under sections 14-14.1-12 through 14-14.1-21, the<br>enforcing court shall immediately communicate with the modifying court. The proceeding for<br>enforcement continues unless the enforcing court, after consultation with the modifying court,<br>stays or dismisses the proceeding.14-14.1-28. (308) Expedited enforcement of child custody determination.1.A petition under sections 14-14.1-22 through 14-14.1-37 must be verified. Certified<br>copies of all orders sought to be enforced and of any order confirming registration<br>must be attached to the petition. A copy of a certified copy of an order may be<br>attached instead of the original.2.A petition for enforcement of a child custody determination must state:a.Whether the court that issued the determination identified the jurisdictional<br>basis it relied upon in exercising jurisdiction and, if so, what the basis was;b.Whether the determination for which enforcement is sought has been vacated,<br>stayed, or modified by a court whose decision must be enforced under this<br>chapter and, if so, identify the court, the case number, and the nature of the<br>proceeding;c.Whether any proceeding has been commenced that could affect the current<br>proceeding, including proceedings relating to domestic violence, protective<br>orders, termination of parental rights, and adoptions and, if so, identify the<br>court, the case number, and the nature of the proceeding;Page No. 11d.The present physical address of the child and the respondent, if known;e.Whether relief in addition to the immediate physical custody of the child and<br>attorney's fees is sought, including a request for assistance from law<br>enforcement officials and, if so, the relief sought; andf.If the child custody determination has been registered and confirmed under<br>section 14-14.1-25, the date and place of registration.3.Upon the filing of a petition, the court shall issue an order directing the respondent to<br>appear in person with or without the child at a hearing and may enter any order<br>necessary to ensure the safety of the parties and the child. The hearing must be<br>held on the next judicial day after service of the order unless that date is impossible.<br>In that event, the court shall hold the hearing on the first judicial day possible. The<br>court may extend the date of hearing at the request of the petitioner.4.An order issued under subsection 3 must state the time and place of the hearing and<br>advise the respondent that at the hearing the court may order that the petitioner take<br>immediate physical custody of the child and may order the payment of fees, costs,<br>and expenses under section 14-14.1-32, and may schedule a hearing to determine<br>whether further relief is appropriate, unless the respondent appears and establishes<br>that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court having jurisdiction to do so<br>under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-24, but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.14-14.1-29.(309) Service of petition and order.Except as otherwise provided insection 14-14.1-31, the petition and order must be served, by any method authorized by the law<br>of this state, upon the respondent and any person who has physical custody of the child.14-14.1-30. (310) Hearing and order.1.Unless the court issues a temporary emergency order under section 14-14.1-15,<br>upon a finding that a petitioner is entitled to immediate physical custody of the child,<br>the court shall order that the petitioner may take immediate physical custody of the<br>child unless the respondent establishes that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;Page No. 12(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court of a state having jurisdiction<br>to do so under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-25 but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.2.The court shall award the fees, costs, and expenses authorized under section<br>14-14.1-32 and may grant additional relief, including a request for the assistance of<br>law enforcement officials, and set a further hearing to determine whether additional<br>relief is appropriate.3.If a party called to testify refuses to answer on the ground that the testimony may be<br>self-incriminating, the court may draw an adverse inference from the refusal.4.A privilege against disclosure of communications between spouses and a defense of<br>immunity based on the relationship of husband and wife or parent and child may not<br>be invoked in a proceeding under sections 14-14.1-22 through 14-14.1-37.14-14.1-31. (311) Warrant to take physical custody of child.1.Upon the filing of a petition seeking enforcement of a child custody determination,<br>the petitioner may file a verified application for the issuance of a warrant to take<br>physical custody of the child if the child is immediately likely to suffer serious<br>physical harm or be removed from this state.2.If the court, upon the testimony of the petitioner or other witness, finds that the child<br>is imminently likely to suffer serious physical harm or be removed from this state, it<br>may issue a warrant to take physical custody of the child. The petition must be<br>heard on the next judicial day after the warrant is executed unless that date is<br>impossible. In that event, the court shall hold the hearing on the first judicial day<br>possible. The application for the warrant must include the statements required by<br>subsection 2 of section 14-14.1-28.3.A warrant to take physical custody of a child must:a.Recite the facts upon which a conclusion of imminent serious physical harm or<br>removal from the jurisdiction is based;b.Direct law enforcement officers to take physical custody of the child<br>immediately; andc.Provide for the placement of the child pending final relief.4.The respondent must be served with the petition, warrant, and order immediately<br>after the child is taken into physical custody.5.A warrant to take physical custody of a child is enforceable throughout this state. If<br>the court finds on the basis of the testimony of the petitioner or other witness that a<br>less intrusive remedy is not effective, it may authorize law enforcement officers to<br>enter private property to take physical custody of the child. If required by exigent<br>circumstances of the case, the court may authorize law enforcement officers to<br>make a forcible entry at any hour.Page No. 136.The court may impose conditions upon placement of a child to ensure the<br>appearance of the child and the child's custodian.14-14.1-32. (312) Costs, fees, and expenses.1.The court shall award the prevailing party, including a state, necessary and<br>reasonable expenses incurred by or on behalf of the party, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees or expenses are sought establishes that the award<br>would be clearly inappropriate.2.The court may not assess fees, costs, or expenses against a state unless authorized<br>by law other than this chapter.14-14.1-33. (313) Recognition and enforcement. A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with this chapter which<br>enforces a child custody determination by a court of another state unless the order has been<br>vacated, stayed, or modified by a court having jurisdiction to do so under sections 14-14.1-12<br>through 14-14.1-21.14-14.1-34. (314) Appeals. An appeal may be taken from a final order in a proceedingunder sections 14-14.1-22 through 14-14.1-37 in accordance with expedited appellate<br>procedures in other civil cases. Unless the court enters a temporary emergency order under<br>section 14-14.1-24, the enforcing court may not stay an order enforcing a child custody<br>determination pending appeal.14-14.1-35. (315) Role of state's attorney.1.In a case arising under this chapter or involving the Hague convention on the civil<br>aspects of international child abduction, the state's attorney may take any lawful<br>action, including resort to a proceeding under sections 14-14.1-22 through<br>14-14.1-37 or any other available civil proceeding to locate a child, obtain the return<br>of a child, or enforce a child custody determination if there is:a.An existing child custody determination;b.A request to do so from a court in a pending child custody proceeding;c.A reasonable belief that a criminal statute has been violated; ord.A reasonable belief that the child has been wrongfully removed or retained in<br>violation of the Hague convention on the civil aspects of international child<br>abduction.2.A state's attorney acting under this section acts on behalf of the court and may not<br>represent any party.14-14.1-36. (316) Role of law enforcement. At the request of a state's attorney actingunder section 14-14.1-35, a law enforcement officer may take any lawful action reasonably<br>necessary to locate a child or a party and assist a state's attorney with responsibilities under<br>section 14-14.1-35.14-14.1-37. (317) Costs and expenses. If the respondent is not the prevailing party, thecourt may assess against the respondent all direct expenses and costs incurred by the state's<br>attorney and law enforcement officers under section 14-14.1-35 or 14-14.1-36.Page No. 14Document Outlinechapter 14-14.1 uniform child custody jurisdiction and enforcement act

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CHAPTER 14-14.1UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT14-14.1-01. (102) Definitions. As used in this chapter:1.&quot;Abandoned&quot; means left without provision for reasonable and necessary care or<br>supervision.2.&quot;Child custody determination&quot; means a judgment, decree, or other order of a court<br>providing for the legal custody, physical custody, or visitation with respect to a child.<br>The term includes a permanent, temporary, initial, and modification order. The term<br>does not include an order relating to child support or other monetary obligation of an<br>individual.3.&quot;Child custody proceeding&quot; means a proceeding in which legal custody, physical<br>custody, or visitation with respect to a child is an issue.The term includes aproceeding for divorce, separation, neglect, abuse, dependency, guardianship,<br>paternity, termination of parental rights, and protection from domestic violence, in<br>which the issue may appear. The term does not include a proceeding involving<br>juvenile delinquency, contractual emancipation, or enforcement under sections<br>14-14.1-22 through 14-14.1-37.4.&quot;Commencement&quot; means the filing of the first pleading in a proceeding.5.&quot;Court&quot; means an entity authorized under the law of a state to establish, enforce, or<br>modify a child custody determination.6.&quot;Home state&quot; means the state in which a child lived with a parent or a person acting<br>as a parent for at least six consecutive months immediately before the<br>commencement of a child custody proceeding. In the case of a child less than six<br>months of age, the term means the state in which the child lived from birth with any<br>of the persons mentioned. A period of temporary absence of any of the mentioned<br>persons is part of the period.7.&quot;Initial determination&quot; means the first child custody determination concerning a<br>particular child.8.&quot;Issuing court&quot; means the court that makes a child custody determination for which<br>enforcement is sought under this chapter.9.&quot;Issuing state&quot; means the state in which a child custody determination is made.10.&quot;Modification&quot; means a child custody determination that changes, replaces,<br>supersedes, or is otherwise made after a previous determination concerning the<br>same child, whether or not it is made by the court that made the previous<br>determination.11.&quot;Person acting as a parent&quot; means a person, other than a parent, who:a.Has physical custody of the child or has had physical custody for a period of six<br>consecutive months, including any temporary absence, within one year<br>immediately before the commencement of a child custody proceeding; andb.Has been awarded legal custody by a court or claims a right to legal custody<br>under the law of this state.Page No. 112.&quot;Petitioner&quot; means a person who seeks enforcement of an order for return of a child<br>under the Hague convention on the civil aspects of international child abduction or<br>enforcement of a child custody determination.13.&quot;Physical custody&quot; means the physical care and supervision of a child.14.&quot;Respondent&quot; means a person against whom a proceeding has been commenced<br>for enforcement of an order for return of a child under the Hague convention on the<br>civil aspects of international child abduction or enforcement of a child custody<br>determination.15.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.16.&quot;Tribe&quot; means an Indian tribe or band, or Alaskan native village, which is recognized<br>by federal law or formally acknowledged by a state.17.&quot;Warrant&quot; means an order issued by a court authorizing law enforcement officers to<br>take physical custody of a child.14-14.1-02. (103) Proceedings governed by other law. This chapter does not governan adoption proceeding or a proceeding pertaining to the authorization of emergency medical<br>care for a child.14-14.1-03. (104) Application to Indian tribes.1.A child custody proceeding that pertains to an Indian child as defined in the Indian<br>Child Welfare Act [25 U.S.C. 1901 et seq.] is not subject to this chapter to the extent<br>that it is governed by the Indian Child Welfare Act.2.A court of this state shall treat a tribe as if it were a state for the purpose of applying<br>sections 14-14.1-01 through 14-14.1-21.3.A child custody determination made by a tribe under factual circumstances in<br>substantial conformity with the jurisdictional standards of this chapter must be<br>recognized and enforced under sections 14-14.1-22 through 14-14.1-37.14-14.1-04. (105) International application.1.A court of this state shall treat a foreign country as if it were a state for the purpose<br>of applying sections 14-14.1-01 through 14-14.1-21.2.Except as otherwise provided in subsection 3, a child custody determination made in<br>a foreign country under factual circumstances in substantial conformity with the<br>jurisdictional standards of this chapter must be recognized and enforced under<br>sections 14-14.1-22 through 14-14.1-37.3.A court of this state need not apply this chapter if the child custody law of a foreign<br>country violates fundamental principles of human rights.14-14.1-05.(106) Effect of child custody determination.A child custodydetermination made by a court of this state that had jurisdiction under this chapter binds all<br>persons who have been served in accordance with the laws of this state or notified in accordance<br>with section 14-14.1-07 or who have submitted to the jurisdiction of the court and who have been<br>given an opportunity to be heard. As to those persons, the determination is conclusive as to all<br>decided issues of law and fact, except to the extent the determination is modified.Page No. 214-14.1-06. (107) Priority. If a question of existence or exercise of jurisdiction under thischapter is raised in a child custody proceeding, the question, upon request of a party, must be<br>given priority on the calendar and handled expeditiously.14-14.1-07. (108) Notice to persons outside state.1.Notice required for the exercise of jurisdiction when a person is outside this state<br>may be given in a manner prescribed by the law of this state for service of process<br>or by the law of the state in which the service is made. Notice must be given in a<br>manner reasonably calculated to give actual notice but may be by publication if other<br>means are not effective.2.Proof of service may be made in the manner prescribed by the law of this state or by<br>the law of the state in which the service is made.3.Notice is not required for the exercise of jurisdiction with respect to a person who<br>submits to the jurisdiction of the court.14-14.1-08. (109) Appearance and limited immunity.1.A party to a child custody proceeding, including a modification proceeding, or a<br>petitioner or respondent in a proceeding to enforce or register a child custody<br>determination is not subject to personal jurisdiction in this state for another<br>proceeding or purpose solely by reason of having participated, or of having been<br>physically present for the purpose of participating, in the proceeding.2.A person who is subject to personal jurisdiction in this state on a basis other than<br>physical presence is not immune from service of process in this state.A partypresent in this state who is subject to the jurisdiction of another state is not immune<br>from service of process allowable under the laws of that state.3.The immunity granted by subsection 1 does not extend to civil litigation based on<br>acts unrelated to the participation in a proceeding under this chapter committed by<br>an individual while present in this state.14-14.1-09. (110) Communication between courts.1.A court of this state may communicate with a court in another state concerning a<br>proceeding arising under this chapter.2.The court may allow the parties to participate in the communication. If the parties<br>are not able to participate in the communication, they must be given the opportunity<br>to present facts and legal arguments before a decision on jurisdiction is made.3.Communication between courts on schedules, calendars, court records, and similar<br>matters may occur without informing the parties. A record need not be made of the<br>communication.4.Except as otherwise provided in subsection 3, a record must be made of a<br>communication under this section. The parties must be informed promptly of the<br>communication and granted access to the record.5.For the purposes of this section, &quot;record&quot; means information that is inscribed on a<br>tangible medium or that is stored in an electronic or other medium and is retrievable<br>in perceivable form.14-14.1-10. (111) Taking testimony in another state.Page No. 31.In addition to other procedures available to a party, a party to a child custody<br>proceeding may offer testimony of witnesses who are located in another state,<br>including testimony of the parties and the child, by deposition or other means<br>allowable in this state for testimony taken in another state. The court on its own<br>motion may order that the testimony of a person be taken in another state and may<br>prescribe the manner in which and the terms upon which the testimony is taken.2.A court of this state may permit an individual residing in another state to be deposed<br>or to testify by telephone, audiovisual means, or other electronic means before a<br>designated court or at another location in that state.A court of this state shallcooperate with courts of other states in designating an appropriate location for the<br>deposition or testimony.3.Documentary evidence transmitted from another state to a court of this state by<br>technological means that do not produce an original writing may not be excluded<br>from evidence on an objection based on the means of transmission.14-14.1-11. (112) Cooperation between courts - Preservation of records.1.A court of this state may request the appropriate court of another state to:a.Hold an evidentiary hearing;b.Order a person to produce or give evidence pursuant to procedures of that<br>state;c.Order that an evaluation be made with respect to the custody of a child involved<br>in a pending proceeding;d.Forward to the court of this state a certified copy of the transcript of the record<br>of the hearing, the evidence otherwise presented, and any evaluation prepared<br>in compliance with the request; ande.Order a party to a child custody proceeding or any person having physical<br>custody of the child to appear in the proceeding with or without the child.2.Upon request of a court of another state, a court of this state may hold a hearing or<br>enter an order described in subsection 1.3.Travel and other necessary and reasonable expenses incurred under subsections 1<br>and 2 may be assessed against the parties according to the law of this state.4.A court of this state shall preserve the pleadings, orders, decrees, records of<br>hearings, evaluations, and other pertinent records with respect to a child custody<br>proceeding until the child attains eighteen years of age. Upon appropriate request<br>by a court or law enforcement official of another state, the court shall forward a<br>certified copy of those records.14-14.1-12. (201) Initial child custody jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state has<br>jurisdiction to make an initial child custody determination only if:a.This state is the home state of the child on the date of the commencement of<br>the proceeding, or was the home state of the child within six months before the<br>commencement of the proceeding, and the child is absent from this state but a<br>parent or person acting as a parent continues to live in this state;Page No. 4b.A court of another state does not have jurisdiction under subdivision a, or a<br>court of the home state of the child has declined to exercise jurisdiction on the<br>ground that this state is the more appropriate forum under section 14-14.1-18<br>or 14-14.1-19, and:(1)The child and the child's parents, or the child and at least one parent or a<br>person acting as a parent, have a significant connection with this state<br>other than mere physical presence; and(2)Substantial evidence is available in this state concerning the child's care,<br>protection, training, and personal relationships;c.All courts having jurisdiction under subdivision a or b have declined to exercise<br>jurisdiction on the ground that a court of this state is the more appropriate forum<br>to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; ord.No court of any other state would have jurisdiction under the criteria specified in<br>subdivision a, b, or c.2.Subsection 1 is the exclusive jurisdictional basis for making a child custody<br>determination by a court of this state.3.Physical presence of, or personal jurisdiction over, a party or a child is not necessary<br>or sufficient to make a child custody determination.14-14.1-13. (202) Exclusive, continuing jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state which has<br>made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14<br>has exclusive, continuing jurisdiction over the determination until:a.A court of this state determines that neither the child, nor the child and one<br>parent, nor the child and a person acting as a parent have a significant<br>connection with this state and that substantial evidence is no longer available in<br>this state concerning the child's care, protection, training, and personal<br>relationships; orb.A court of this state or a court of another state determines that the child, the<br>child's parents, and any person acting as a parent do not presently reside in<br>this state.2.A court of this state which has made a child custody determination and does not<br>have exclusive, continuing jurisdiction under this section may modify that<br>determination only if it has jurisdiction to make an initial determination under section<br>14-14.1-12.14-14.1-14. (203) Jurisdiction to modify determination. Except as otherwise providedin section 14-14.1-15, a court of this state may not modify a child custody determination made by<br>a court of another state unless a court of this state has jurisdiction to make an initial<br>determination under subdivision a or b of subsection 1 of section 14-14.1-12 and:1.The court of the other state determines it no longer has exclusive, continuing<br>jurisdiction under section 14-14.1-13 or that a court of this state would be a more<br>convenient forum under section 14-14.1-18; or2.A court of this state or a court of the other state determines that the child, the child's<br>parents, and any person acting as a parent do not presently reside in the other state.14-14.1-15. (204) Temporary emergency jurisdiction.Page No. 51.A court of this state has temporary emergency jurisdiction if the child is present in<br>this state and the child has been abandoned or it is necessary in an emergency to<br>protect the child because the child, or a sibling or parent of the child, is subjected to<br>or threatened with mistreatment or abuse.2.If there is no previous child custody determination that is entitled to be enforced<br>under this chapter and a child custody proceeding has not been commenced in a<br>court of a state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a<br>child custody determination made under this section remains in effect until an order<br>is obtained from a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14.If a child custody proceeding has not been or is notcommenced in a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14, a child custody determination made under this section becomes<br>a final determination, if it so provides and this state becomes the home state of the<br>child.3.If there is a previous child custody determination that is entitled to be enforced under<br>this chapter, or a child custody proceeding has been commenced in a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, any order<br>issued by a court of this state under this section must specify in the order a period<br>that the court considers adequate to allow the person seeking an order to obtain an<br>order from the state having jurisdiction under sections 14-14.1-12 through<br>14-14.1-14. The order issued in this state remains in effect until an order is obtained<br>from the other state within the period specified or the period expires.4.A court of this state which has been asked to make a child custody determination<br>under this section, upon being informed that a child custody proceeding has been<br>commenced in, or a child custody determination has been made by, a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, shall<br>immediately communicate with the other court.A court of this state which isexercising jurisdiction pursuant to sections 14-14.1-12 through 14-14.1-14, upon<br>being informed that a child custody proceeding has been commenced in, or a child<br>custody determination has been made by, a court of another state under a statute<br>similar to this section shall immediately communicate with the court of that state to<br>resolve the emergency, protect the safety of the parties and the child, and determine<br>a period for the duration of the temporary order.14-14.1-16. (205) Notice - Opportunity to be heard - Joinder.1.Before a child custody determination is made under this chapter, notice and an<br>opportunity to be heard in accordance with section 14-14.1-07 must be given to all<br>persons entitled to notice under the law of this state as in child custody proceedings<br>between residents of this state, any parent whose parental rights have not been<br>previously terminated, and any person having physical custody of the child.2.This chapter does not govern the enforceability of a child custody determination<br>made without notice or an opportunity to be heard.3.The obligation to join a party and the right to intervene as a party in a child custody<br>proceeding under this chapter are governed by the laws of this state as in child<br>custody proceedings between residents of this state.14-14.1-17. (206) Simultaneous proceedings.1.Except as otherwise provided in section 14-14.1-15, a court of this state may not<br>exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time<br>of the commencement of the proceeding, a proceeding concerning the custody of<br>the child has been commenced in a court of another state having jurisdiction<br>substantially in conformity with this chapter, unless the proceeding has beenPage No. 6terminated or is stayed by the court of the other state because a court of this state is<br>a more convenient forum under section 14-14.1-18.2.Except as otherwise provided in section 14-14.1-15, a court of this state, before<br>hearing a child custody proceeding, shall examine the court documents and other<br>information supplied by the parties under section 14-14.1-20. If the court determines<br>that a child custody proceeding has been commenced in a court in another state<br>having jurisdiction substantially in accordance with this chapter, the court of this<br>state shall stay its proceeding and communicate with the court of the other state. If<br>the court of the state having jurisdiction substantially in accordance with this chapter<br>does not determine that the court of this state is a more appropriate forum, the court<br>of this state shall dismiss the proceeding.3.In a proceeding to modify a child custody determination, a court of this state shall<br>determine whether a proceeding to enforce the determination has been commenced<br>in another state. If a proceeding to enforce a child custody determination has been<br>commenced in another state, the court may:a.Stay the proceeding for modification pending the entry of an order of a court of<br>the other state enforcing, staying, denying, or dismissing the proceeding for<br>enforcement;b.Enjoin the parties from continuing with the proceeding for enforcement; orc.Proceed with the modification under conditions it considers appropriate.14-14.1-18. (207) Inconvenient forum.1.A court of this state which has jurisdiction under this chapter to make a child custody<br>determination may decline to exercise its jurisdiction at any time if it determines that<br>it is an inconvenient forum under the circumstances and that a court of another state<br>is a more appropriate forum. The issue of inconvenient forum may be raised upon<br>motion of a party, the court's own motion, or request of another court.2.Before determining whether it is an inconvenient forum, a court of this state shall<br>consider whether it is appropriate for a court of another state to exercise jurisdiction.<br>For this purpose, the court shall allow the parties to submit information and shall<br>consider all relevant factors, including:a.Whether domestic violence has occurred and is likely to continue in the future<br>and which state could best protect the parties and the child;b.The length of time the child has resided outside this state;c.The distance between the court in this state and the court in the state that<br>would assume jurisdiction;d.The relative financial circumstances of the parties;e.Any agreement of the parties as to which state should assume jurisdiction;f.The nature and location of the evidence required to resolve the pending<br>litigation, including testimony of the child;g.The ability of the court of each state to decide the issue expeditiously and the<br>procedures necessary to present the evidence; andh.The familiarity of the court of each state with the facts and issues in the pending<br>litigation.Page No. 73.If a court of this state determines that it is an inconvenient forum and that a court of<br>another state is a more appropriate forum, it shall stay the proceedings upon<br>condition that a child custody proceeding be promptly commenced in another<br>designated state and may impose any other condition the court considers just and<br>proper.4.A court of this state may decline to exercise its jurisdiction under this chapter if a<br>child custody determination is incidental to an action for divorce or another<br>proceeding while still retaining jurisdiction over the divorce or other proceeding.14-14.1-19. (208) Jurisdiction declined by reason of conduct.1.Except as otherwise provided in section 14-14.1-15, if a court of this state has<br>jurisdiction under this chapter because a person seeking to invoke its jurisdiction has<br>engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction<br>unless:a.The parents and all persons acting as parents have acquiesced in the exercise<br>of jurisdiction;b.A court of the state otherwise having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14 determines that this state is a more appropriate forum<br>under section 14-14.1-18; orc.No court of any other state would have jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-14.2.If a court of this state declines to exercise its jurisdiction under subsection 1, it may<br>fashion an appropriate remedy to ensure the safety of the child and prevent a<br>repetition of the unjustifiable conduct, including staying the proceeding until a child<br>custody proceeding is commenced in a court having jurisdiction under sections<br>14-14.1-12 through 14-14.1-14.3.If a court dismisses a petition or stays a proceeding because it declines to exercise<br>its jurisdiction pursuant to subsection 1, it shall assess against the party seeking to<br>invoke its jurisdiction necessary and reasonable expenses, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees are sought establishes that the assessment would<br>be clearly inappropriate. The court may not assess fees, costs, or expenses against<br>this state unless authorized by law other than this chapter.14-14.1-20. (209) Information to be submitted to court.1.Subject to section 14-07.1-18, in a child custody proceeding, each party, in its first<br>pleading or in an attached affidavit, shall give information, if reasonably<br>ascertainable, under oath as to the child's present address or whereabouts, the<br>places where the child has lived during the last five years, and the names and<br>present addresses of the persons with whom the child has lived during that period.<br>The pleading or affidavit must state whether the party:a.Has participated, as a party or witness or in any other capacity, in any other<br>proceeding concerning the custody of or visitation with the child and, if so,<br>identify the court, the case number, and the date of the child custody<br>determination, if any;b.Knows of any proceeding that could affect the current proceeding, including<br>proceedings for enforcement and proceedings relating to domestic violence,Page No. 8protective orders, termination of parental rights, and adoptions and, if so,<br>identify the court, the case number, and the nature of the proceeding; andc.Knows the names and addresses of any person not a party to the proceeding<br>who has physical custody of the child or claims rights of legal custody or<br>physical custody of, or visitation with, the child and, if so, the names and<br>addresses of those persons.2.If the information required by subsection 1 is not furnished, the court, upon motion of<br>a party or its own motion, may stay the proceeding until the information is furnished.3.If the declaration as to any of the items described in subdivision a, b, or c of<br>subsection 1 is in the affirmative, the declarant shall give additional information<br>under oath as required by the court. The court may examine the parties under oath<br>as to details of the information furnished and other matters pertinent to the court's<br>jurisdiction and the disposition of the case.4.Each party has a continuing duty to inform the court of any proceeding in this or any<br>other state that could affect the current proceeding.14-14.1-21. (210) Appearance of parties and child.1.In a child custody proceeding in this state, the court may order a party to the<br>proceeding who is in this state to appear before the court in person with or without<br>the child. The court may order any person who is in this state and who has physical<br>custody or control of the child to appear in person with the child.2.If a party to a child custody proceeding whose presence is desired by the court is<br>outside this state, the court may order that a notice given under section 14-14.1-07<br>include a statement directing the party to appear in person with or without the child<br>and informing the party that failure to appear may result in a decision adverse to the<br>party.3.The court may enter any orders necessary to ensure the safety of the child and of<br>any person ordered to appear under this section.4.If a party to a child custody proceeding who is outside this state is directed to appear<br>under subsection 1 or desires to appear personally before the court with or without<br>the child, the court may require another party to pay reasonable and necessary<br>travel and other expenses of the party so appearing and of the child.14-14.1-22. (302) Enforcement under the Hague convention. Under this chapter, acourt of this state may enforce an order for the return of the child made under the Hague<br>convention on the civil aspects of international child abduction as if it were a child custody<br>determination.14-14.1-23. (303) Duty to enforce.1.A court of this state shall recognize and enforce a child custody determination of a<br>court of another state if the latter court exercised jurisdiction in substantial conformity<br>with this chapter, or the determination was made under factual circumstances<br>meeting the jurisdictional standards of this chapter, and the determination has not<br>been modified in accordance with this chapter.2.A court of this state may utilize any remedy available under other law of this state to<br>enforce a child custody determination made by a court of another state.Theremedies provided in this chapter are cumulative and do not affect the availability of<br>other remedies to enforce a child custody determination.Page No. 914-14.1-24. (304) Temporary visitation.1.A court of this state which does not have jurisdiction to modify a child custody<br>determination may issue a temporary order enforcing:a.A visitation schedule made by a court of another state; orb.The visitation provisions of a child custody determination of another state that<br>does not provide for a specific visitation schedule.2.If a court of this state makes an order under subdivision b of subsection 1, it shall<br>specify in the order a period that it considers adequate to allow the petitioner to<br>obtain an order from a court having jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-21. The order remains in effect until an order is<br>obtained from the other court or the period expires.14-14.1-25. (305) Registration of child custody determination.1.A child custody determination issued by a court of another state may be registered in<br>this state, with or without a simultaneous request for enforcement, by sending to the<br>district court in this state:a.A letter or other document requesting registration;b.Two copies, including one certified copy, of the determination sought to be<br>registered, and a statement under penalty of perjury that to the best of the<br>knowledge and belief of the person seeking registration the order has not been<br>modified; andc.Except as otherwise provided in section 14-14.1-20, the name and address of<br>the person seeking registration and any parent or person acting as a parent<br>who has been awarded custody or visitation in the child custody determination<br>sought to be registered.2.On receipt of the documents required by subsection 1, the registering court shall:a.Cause the determination to be filed as a foreign judgment, together with one<br>copy of any accompanying documents and information, regardless of their<br>form; andb.Serve notice upon the persons named pursuant to subdivision c of subsection 1<br>and provide them with an opportunity to contest the registration in accordance<br>with this section.3.The notice required by subdivision b of subsection 2 must state that:a.A registered determination is enforceable as of the date of the registration in<br>the same manner as a determination issued by a court of this state;b.A hearing to contest the validity of the registered determination must be<br>requested within twenty days after service of notice; andc.Failure to contest the registration will result in confirmation of the child custody<br>determination and preclude further contest of that determination with respect to<br>any matter that could have been asserted.4.A person seeking to contest the validity of a registered order must request a hearing<br>within twenty days after service of the notice. At that hearing, the court shall confirm<br>the registered order unless the person contesting registration establishes that:Page No. 10a.The issuing court did not have jurisdiction under sections 14-14.1-12 through<br>14-14.1-21;b.The child custody determination sought to be registered has been vacated,<br>stayed, or modified by a court having jurisdiction to do so under sections<br>14-14.1-12 through 14-14.1-21; orc.The person contesting registration was entitled to notice, but notice was not<br>given in accordance with section 14-14.1-07, in the proceedings before the<br>court that issued the order for which registration is sought.5.If a timely request for a hearing to contest the validity of the registration is not made,<br>the registration is confirmed as a matter of law and the person requesting<br>registration and all persons served must be notified of the confirmation.6.Confirmation of a registered order, whether by operation of law or after notice and<br>hearing, precludes further contest of the order with respect to any matter that could<br>have been asserted at the time of registration.14-14.1-26. (306) Enforcement of registered determination.1.A court of this state may grant any relief normally available under the law of this<br>state to enforce a registered child custody determination made by a court of another<br>state.2.A court of this state shall recognize and enforce, but may not modify, except in<br>accordance with sections 14-14.1-12 through 14-14.1-21, a registered child custody<br>determination of a court of another state.14-14.1-27. (307) Simultaneous proceedings. If a proceeding for enforcement undersections 14-14.1-22 through 14-14.1-37 is commenced in a court of this state and the court<br>determines that a proceeding to modify the determination is pending in a court of another state<br>having jurisdiction to modify the determination under sections 14-14.1-12 through 14-14.1-21, the<br>enforcing court shall immediately communicate with the modifying court. The proceeding for<br>enforcement continues unless the enforcing court, after consultation with the modifying court,<br>stays or dismisses the proceeding.14-14.1-28. (308) Expedited enforcement of child custody determination.1.A petition under sections 14-14.1-22 through 14-14.1-37 must be verified. Certified<br>copies of all orders sought to be enforced and of any order confirming registration<br>must be attached to the petition. A copy of a certified copy of an order may be<br>attached instead of the original.2.A petition for enforcement of a child custody determination must state:a.Whether the court that issued the determination identified the jurisdictional<br>basis it relied upon in exercising jurisdiction and, if so, what the basis was;b.Whether the determination for which enforcement is sought has been vacated,<br>stayed, or modified by a court whose decision must be enforced under this<br>chapter and, if so, identify the court, the case number, and the nature of the<br>proceeding;c.Whether any proceeding has been commenced that could affect the current<br>proceeding, including proceedings relating to domestic violence, protective<br>orders, termination of parental rights, and adoptions and, if so, identify the<br>court, the case number, and the nature of the proceeding;Page No. 11d.The present physical address of the child and the respondent, if known;e.Whether relief in addition to the immediate physical custody of the child and<br>attorney's fees is sought, including a request for assistance from law<br>enforcement officials and, if so, the relief sought; andf.If the child custody determination has been registered and confirmed under<br>section 14-14.1-25, the date and place of registration.3.Upon the filing of a petition, the court shall issue an order directing the respondent to<br>appear in person with or without the child at a hearing and may enter any order<br>necessary to ensure the safety of the parties and the child. The hearing must be<br>held on the next judicial day after service of the order unless that date is impossible.<br>In that event, the court shall hold the hearing on the first judicial day possible. The<br>court may extend the date of hearing at the request of the petitioner.4.An order issued under subsection 3 must state the time and place of the hearing and<br>advise the respondent that at the hearing the court may order that the petitioner take<br>immediate physical custody of the child and may order the payment of fees, costs,<br>and expenses under section 14-14.1-32, and may schedule a hearing to determine<br>whether further relief is appropriate, unless the respondent appears and establishes<br>that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court having jurisdiction to do so<br>under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-24, but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.14-14.1-29.(309) Service of petition and order.Except as otherwise provided insection 14-14.1-31, the petition and order must be served, by any method authorized by the law<br>of this state, upon the respondent and any person who has physical custody of the child.14-14.1-30. (310) Hearing and order.1.Unless the court issues a temporary emergency order under section 14-14.1-15,<br>upon a finding that a petitioner is entitled to immediate physical custody of the child,<br>the court shall order that the petitioner may take immediate physical custody of the<br>child unless the respondent establishes that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;Page No. 12(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court of a state having jurisdiction<br>to do so under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-25 but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.2.The court shall award the fees, costs, and expenses authorized under section<br>14-14.1-32 and may grant additional relief, including a request for the assistance of<br>law enforcement officials, and set a further hearing to determine whether additional<br>relief is appropriate.3.If a party called to testify refuses to answer on the ground that the testimony may be<br>self-incriminating, the court may draw an adverse inference from the refusal.4.A privilege against disclosure of communications between spouses and a defense of<br>immunity based on the relationship of husband and wife or parent and child may not<br>be invoked in a proceeding under sections 14-14.1-22 through 14-14.1-37.14-14.1-31. (311) Warrant to take physical custody of child.1.Upon the filing of a petition seeking enforcement of a child custody determination,<br>the petitioner may file a verified application for the issuance of a warrant to take<br>physical custody of the child if the child is immediately likely to suffer serious<br>physical harm or be removed from this state.2.If the court, upon the testimony of the petitioner or other witness, finds that the child<br>is imminently likely to suffer serious physical harm or be removed from this state, it<br>may issue a warrant to take physical custody of the child. The petition must be<br>heard on the next judicial day after the warrant is executed unless that date is<br>impossible. In that event, the court shall hold the hearing on the first judicial day<br>possible. The application for the warrant must include the statements required by<br>subsection 2 of section 14-14.1-28.3.A warrant to take physical custody of a child must:a.Recite the facts upon which a conclusion of imminent serious physical harm or<br>removal from the jurisdiction is based;b.Direct law enforcement officers to take physical custody of the child<br>immediately; andc.Provide for the placement of the child pending final relief.4.The respondent must be served with the petition, warrant, and order immediately<br>after the child is taken into physical custody.5.A warrant to take physical custody of a child is enforceable throughout this state. If<br>the court finds on the basis of the testimony of the petitioner or other witness that a<br>less intrusive remedy is not effective, it may authorize law enforcement officers to<br>enter private property to take physical custody of the child. If required by exigent<br>circumstances of the case, the court may authorize law enforcement officers to<br>make a forcible entry at any hour.Page No. 136.The court may impose conditions upon placement of a child to ensure the<br>appearance of the child and the child's custodian.14-14.1-32. (312) Costs, fees, and expenses.1.The court shall award the prevailing party, including a state, necessary and<br>reasonable expenses incurred by or on behalf of the party, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees or expenses are sought establishes that the award<br>would be clearly inappropriate.2.The court may not assess fees, costs, or expenses against a state unless authorized<br>by law other than this chapter.14-14.1-33. (313) Recognition and enforcement. A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with this chapter which<br>enforces a child custody determination by a court of another state unless the order has been<br>vacated, stayed, or modified by a court having jurisdiction to do so under sections 14-14.1-12<br>through 14-14.1-21.14-14.1-34. (314) Appeals. An appeal may be taken from a final order in a proceedingunder sections 14-14.1-22 through 14-14.1-37 in accordance with expedited appellate<br>procedures in other civil cases. Unless the court enters a temporary emergency order under<br>section 14-14.1-24, the enforcing court may not stay an order enforcing a child custody<br>determination pending appeal.14-14.1-35. (315) Role of state's attorney.1.In a case arising under this chapter or involving the Hague convention on the civil<br>aspects of international child abduction, the state's attorney may take any lawful<br>action, including resort to a proceeding under sections 14-14.1-22 through<br>14-14.1-37 or any other available civil proceeding to locate a child, obtain the return<br>of a child, or enforce a child custody determination if there is:a.An existing child custody determination;b.A request to do so from a court in a pending child custody proceeding;c.A reasonable belief that a criminal statute has been violated; ord.A reasonable belief that the child has been wrongfully removed or retained in<br>violation of the Hague convention on the civil aspects of international child<br>abduction.2.A state's attorney acting under this section acts on behalf of the court and may not<br>represent any party.14-14.1-36. (316) Role of law enforcement. At the request of a state's attorney actingunder section 14-14.1-35, a law enforcement officer may take any lawful action reasonably<br>necessary to locate a child or a party and assist a state's attorney with responsibilities under<br>section 14-14.1-35.14-14.1-37. (317) Costs and expenses. If the respondent is not the prevailing party, thecourt may assess against the respondent all direct expenses and costs incurred by the state's<br>attorney and law enforcement officers under section 14-14.1-35 or 14-14.1-36.Page No. 14Document Outlinechapter 14-14.1 uniform child custody jurisdiction and enforcement act

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CHAPTER 14-14.1UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT14-14.1-01. (102) Definitions. As used in this chapter:1.&quot;Abandoned&quot; means left without provision for reasonable and necessary care or<br>supervision.2.&quot;Child custody determination&quot; means a judgment, decree, or other order of a court<br>providing for the legal custody, physical custody, or visitation with respect to a child.<br>The term includes a permanent, temporary, initial, and modification order. The term<br>does not include an order relating to child support or other monetary obligation of an<br>individual.3.&quot;Child custody proceeding&quot; means a proceeding in which legal custody, physical<br>custody, or visitation with respect to a child is an issue.The term includes aproceeding for divorce, separation, neglect, abuse, dependency, guardianship,<br>paternity, termination of parental rights, and protection from domestic violence, in<br>which the issue may appear. The term does not include a proceeding involving<br>juvenile delinquency, contractual emancipation, or enforcement under sections<br>14-14.1-22 through 14-14.1-37.4.&quot;Commencement&quot; means the filing of the first pleading in a proceeding.5.&quot;Court&quot; means an entity authorized under the law of a state to establish, enforce, or<br>modify a child custody determination.6.&quot;Home state&quot; means the state in which a child lived with a parent or a person acting<br>as a parent for at least six consecutive months immediately before the<br>commencement of a child custody proceeding. In the case of a child less than six<br>months of age, the term means the state in which the child lived from birth with any<br>of the persons mentioned. A period of temporary absence of any of the mentioned<br>persons is part of the period.7.&quot;Initial determination&quot; means the first child custody determination concerning a<br>particular child.8.&quot;Issuing court&quot; means the court that makes a child custody determination for which<br>enforcement is sought under this chapter.9.&quot;Issuing state&quot; means the state in which a child custody determination is made.10.&quot;Modification&quot; means a child custody determination that changes, replaces,<br>supersedes, or is otherwise made after a previous determination concerning the<br>same child, whether or not it is made by the court that made the previous<br>determination.11.&quot;Person acting as a parent&quot; means a person, other than a parent, who:a.Has physical custody of the child or has had physical custody for a period of six<br>consecutive months, including any temporary absence, within one year<br>immediately before the commencement of a child custody proceeding; andb.Has been awarded legal custody by a court or claims a right to legal custody<br>under the law of this state.Page No. 112.&quot;Petitioner&quot; means a person who seeks enforcement of an order for return of a child<br>under the Hague convention on the civil aspects of international child abduction or<br>enforcement of a child custody determination.13.&quot;Physical custody&quot; means the physical care and supervision of a child.14.&quot;Respondent&quot; means a person against whom a proceeding has been commenced<br>for enforcement of an order for return of a child under the Hague convention on the<br>civil aspects of international child abduction or enforcement of a child custody<br>determination.15.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.16.&quot;Tribe&quot; means an Indian tribe or band, or Alaskan native village, which is recognized<br>by federal law or formally acknowledged by a state.17.&quot;Warrant&quot; means an order issued by a court authorizing law enforcement officers to<br>take physical custody of a child.14-14.1-02. (103) Proceedings governed by other law. This chapter does not governan adoption proceeding or a proceeding pertaining to the authorization of emergency medical<br>care for a child.14-14.1-03. (104) Application to Indian tribes.1.A child custody proceeding that pertains to an Indian child as defined in the Indian<br>Child Welfare Act [25 U.S.C. 1901 et seq.] is not subject to this chapter to the extent<br>that it is governed by the Indian Child Welfare Act.2.A court of this state shall treat a tribe as if it were a state for the purpose of applying<br>sections 14-14.1-01 through 14-14.1-21.3.A child custody determination made by a tribe under factual circumstances in<br>substantial conformity with the jurisdictional standards of this chapter must be<br>recognized and enforced under sections 14-14.1-22 through 14-14.1-37.14-14.1-04. (105) International application.1.A court of this state shall treat a foreign country as if it were a state for the purpose<br>of applying sections 14-14.1-01 through 14-14.1-21.2.Except as otherwise provided in subsection 3, a child custody determination made in<br>a foreign country under factual circumstances in substantial conformity with the<br>jurisdictional standards of this chapter must be recognized and enforced under<br>sections 14-14.1-22 through 14-14.1-37.3.A court of this state need not apply this chapter if the child custody law of a foreign<br>country violates fundamental principles of human rights.14-14.1-05.(106) Effect of child custody determination.A child custodydetermination made by a court of this state that had jurisdiction under this chapter binds all<br>persons who have been served in accordance with the laws of this state or notified in accordance<br>with section 14-14.1-07 or who have submitted to the jurisdiction of the court and who have been<br>given an opportunity to be heard. As to those persons, the determination is conclusive as to all<br>decided issues of law and fact, except to the extent the determination is modified.Page No. 214-14.1-06. (107) Priority. If a question of existence or exercise of jurisdiction under thischapter is raised in a child custody proceeding, the question, upon request of a party, must be<br>given priority on the calendar and handled expeditiously.14-14.1-07. (108) Notice to persons outside state.1.Notice required for the exercise of jurisdiction when a person is outside this state<br>may be given in a manner prescribed by the law of this state for service of process<br>or by the law of the state in which the service is made. Notice must be given in a<br>manner reasonably calculated to give actual notice but may be by publication if other<br>means are not effective.2.Proof of service may be made in the manner prescribed by the law of this state or by<br>the law of the state in which the service is made.3.Notice is not required for the exercise of jurisdiction with respect to a person who<br>submits to the jurisdiction of the court.14-14.1-08. (109) Appearance and limited immunity.1.A party to a child custody proceeding, including a modification proceeding, or a<br>petitioner or respondent in a proceeding to enforce or register a child custody<br>determination is not subject to personal jurisdiction in this state for another<br>proceeding or purpose solely by reason of having participated, or of having been<br>physically present for the purpose of participating, in the proceeding.2.A person who is subject to personal jurisdiction in this state on a basis other than<br>physical presence is not immune from service of process in this state.A partypresent in this state who is subject to the jurisdiction of another state is not immune<br>from service of process allowable under the laws of that state.3.The immunity granted by subsection 1 does not extend to civil litigation based on<br>acts unrelated to the participation in a proceeding under this chapter committed by<br>an individual while present in this state.14-14.1-09. (110) Communication between courts.1.A court of this state may communicate with a court in another state concerning a<br>proceeding arising under this chapter.2.The court may allow the parties to participate in the communication. If the parties<br>are not able to participate in the communication, they must be given the opportunity<br>to present facts and legal arguments before a decision on jurisdiction is made.3.Communication between courts on schedules, calendars, court records, and similar<br>matters may occur without informing the parties. A record need not be made of the<br>communication.4.Except as otherwise provided in subsection 3, a record must be made of a<br>communication under this section. The parties must be informed promptly of the<br>communication and granted access to the record.5.For the purposes of this section, &quot;record&quot; means information that is inscribed on a<br>tangible medium or that is stored in an electronic or other medium and is retrievable<br>in perceivable form.14-14.1-10. (111) Taking testimony in another state.Page No. 31.In addition to other procedures available to a party, a party to a child custody<br>proceeding may offer testimony of witnesses who are located in another state,<br>including testimony of the parties and the child, by deposition or other means<br>allowable in this state for testimony taken in another state. The court on its own<br>motion may order that the testimony of a person be taken in another state and may<br>prescribe the manner in which and the terms upon which the testimony is taken.2.A court of this state may permit an individual residing in another state to be deposed<br>or to testify by telephone, audiovisual means, or other electronic means before a<br>designated court or at another location in that state.A court of this state shallcooperate with courts of other states in designating an appropriate location for the<br>deposition or testimony.3.Documentary evidence transmitted from another state to a court of this state by<br>technological means that do not produce an original writing may not be excluded<br>from evidence on an objection based on the means of transmission.14-14.1-11. (112) Cooperation between courts - Preservation of records.1.A court of this state may request the appropriate court of another state to:a.Hold an evidentiary hearing;b.Order a person to produce or give evidence pursuant to procedures of that<br>state;c.Order that an evaluation be made with respect to the custody of a child involved<br>in a pending proceeding;d.Forward to the court of this state a certified copy of the transcript of the record<br>of the hearing, the evidence otherwise presented, and any evaluation prepared<br>in compliance with the request; ande.Order a party to a child custody proceeding or any person having physical<br>custody of the child to appear in the proceeding with or without the child.2.Upon request of a court of another state, a court of this state may hold a hearing or<br>enter an order described in subsection 1.3.Travel and other necessary and reasonable expenses incurred under subsections 1<br>and 2 may be assessed against the parties according to the law of this state.4.A court of this state shall preserve the pleadings, orders, decrees, records of<br>hearings, evaluations, and other pertinent records with respect to a child custody<br>proceeding until the child attains eighteen years of age. Upon appropriate request<br>by a court or law enforcement official of another state, the court shall forward a<br>certified copy of those records.14-14.1-12. (201) Initial child custody jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state has<br>jurisdiction to make an initial child custody determination only if:a.This state is the home state of the child on the date of the commencement of<br>the proceeding, or was the home state of the child within six months before the<br>commencement of the proceeding, and the child is absent from this state but a<br>parent or person acting as a parent continues to live in this state;Page No. 4b.A court of another state does not have jurisdiction under subdivision a, or a<br>court of the home state of the child has declined to exercise jurisdiction on the<br>ground that this state is the more appropriate forum under section 14-14.1-18<br>or 14-14.1-19, and:(1)The child and the child's parents, or the child and at least one parent or a<br>person acting as a parent, have a significant connection with this state<br>other than mere physical presence; and(2)Substantial evidence is available in this state concerning the child's care,<br>protection, training, and personal relationships;c.All courts having jurisdiction under subdivision a or b have declined to exercise<br>jurisdiction on the ground that a court of this state is the more appropriate forum<br>to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; ord.No court of any other state would have jurisdiction under the criteria specified in<br>subdivision a, b, or c.2.Subsection 1 is the exclusive jurisdictional basis for making a child custody<br>determination by a court of this state.3.Physical presence of, or personal jurisdiction over, a party or a child is not necessary<br>or sufficient to make a child custody determination.14-14.1-13. (202) Exclusive, continuing jurisdiction.1.Except as otherwise provided in section 14-14.1-15, a court of this state which has<br>made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14<br>has exclusive, continuing jurisdiction over the determination until:a.A court of this state determines that neither the child, nor the child and one<br>parent, nor the child and a person acting as a parent have a significant<br>connection with this state and that substantial evidence is no longer available in<br>this state concerning the child's care, protection, training, and personal<br>relationships; orb.A court of this state or a court of another state determines that the child, the<br>child's parents, and any person acting as a parent do not presently reside in<br>this state.2.A court of this state which has made a child custody determination and does not<br>have exclusive, continuing jurisdiction under this section may modify that<br>determination only if it has jurisdiction to make an initial determination under section<br>14-14.1-12.14-14.1-14. (203) Jurisdiction to modify determination. Except as otherwise providedin section 14-14.1-15, a court of this state may not modify a child custody determination made by<br>a court of another state unless a court of this state has jurisdiction to make an initial<br>determination under subdivision a or b of subsection 1 of section 14-14.1-12 and:1.The court of the other state determines it no longer has exclusive, continuing<br>jurisdiction under section 14-14.1-13 or that a court of this state would be a more<br>convenient forum under section 14-14.1-18; or2.A court of this state or a court of the other state determines that the child, the child's<br>parents, and any person acting as a parent do not presently reside in the other state.14-14.1-15. (204) Temporary emergency jurisdiction.Page No. 51.A court of this state has temporary emergency jurisdiction if the child is present in<br>this state and the child has been abandoned or it is necessary in an emergency to<br>protect the child because the child, or a sibling or parent of the child, is subjected to<br>or threatened with mistreatment or abuse.2.If there is no previous child custody determination that is entitled to be enforced<br>under this chapter and a child custody proceeding has not been commenced in a<br>court of a state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a<br>child custody determination made under this section remains in effect until an order<br>is obtained from a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14.If a child custody proceeding has not been or is notcommenced in a court of a state having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14, a child custody determination made under this section becomes<br>a final determination, if it so provides and this state becomes the home state of the<br>child.3.If there is a previous child custody determination that is entitled to be enforced under<br>this chapter, or a child custody proceeding has been commenced in a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, any order<br>issued by a court of this state under this section must specify in the order a period<br>that the court considers adequate to allow the person seeking an order to obtain an<br>order from the state having jurisdiction under sections 14-14.1-12 through<br>14-14.1-14. The order issued in this state remains in effect until an order is obtained<br>from the other state within the period specified or the period expires.4.A court of this state which has been asked to make a child custody determination<br>under this section, upon being informed that a child custody proceeding has been<br>commenced in, or a child custody determination has been made by, a court of a<br>state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, shall<br>immediately communicate with the other court.A court of this state which isexercising jurisdiction pursuant to sections 14-14.1-12 through 14-14.1-14, upon<br>being informed that a child custody proceeding has been commenced in, or a child<br>custody determination has been made by, a court of another state under a statute<br>similar to this section shall immediately communicate with the court of that state to<br>resolve the emergency, protect the safety of the parties and the child, and determine<br>a period for the duration of the temporary order.14-14.1-16. (205) Notice - Opportunity to be heard - Joinder.1.Before a child custody determination is made under this chapter, notice and an<br>opportunity to be heard in accordance with section 14-14.1-07 must be given to all<br>persons entitled to notice under the law of this state as in child custody proceedings<br>between residents of this state, any parent whose parental rights have not been<br>previously terminated, and any person having physical custody of the child.2.This chapter does not govern the enforceability of a child custody determination<br>made without notice or an opportunity to be heard.3.The obligation to join a party and the right to intervene as a party in a child custody<br>proceeding under this chapter are governed by the laws of this state as in child<br>custody proceedings between residents of this state.14-14.1-17. (206) Simultaneous proceedings.1.Except as otherwise provided in section 14-14.1-15, a court of this state may not<br>exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time<br>of the commencement of the proceeding, a proceeding concerning the custody of<br>the child has been commenced in a court of another state having jurisdiction<br>substantially in conformity with this chapter, unless the proceeding has beenPage No. 6terminated or is stayed by the court of the other state because a court of this state is<br>a more convenient forum under section 14-14.1-18.2.Except as otherwise provided in section 14-14.1-15, a court of this state, before<br>hearing a child custody proceeding, shall examine the court documents and other<br>information supplied by the parties under section 14-14.1-20. If the court determines<br>that a child custody proceeding has been commenced in a court in another state<br>having jurisdiction substantially in accordance with this chapter, the court of this<br>state shall stay its proceeding and communicate with the court of the other state. If<br>the court of the state having jurisdiction substantially in accordance with this chapter<br>does not determine that the court of this state is a more appropriate forum, the court<br>of this state shall dismiss the proceeding.3.In a proceeding to modify a child custody determination, a court of this state shall<br>determine whether a proceeding to enforce the determination has been commenced<br>in another state. If a proceeding to enforce a child custody determination has been<br>commenced in another state, the court may:a.Stay the proceeding for modification pending the entry of an order of a court of<br>the other state enforcing, staying, denying, or dismissing the proceeding for<br>enforcement;b.Enjoin the parties from continuing with the proceeding for enforcement; orc.Proceed with the modification under conditions it considers appropriate.14-14.1-18. (207) Inconvenient forum.1.A court of this state which has jurisdiction under this chapter to make a child custody<br>determination may decline to exercise its jurisdiction at any time if it determines that<br>it is an inconvenient forum under the circumstances and that a court of another state<br>is a more appropriate forum. The issue of inconvenient forum may be raised upon<br>motion of a party, the court's own motion, or request of another court.2.Before determining whether it is an inconvenient forum, a court of this state shall<br>consider whether it is appropriate for a court of another state to exercise jurisdiction.<br>For this purpose, the court shall allow the parties to submit information and shall<br>consider all relevant factors, including:a.Whether domestic violence has occurred and is likely to continue in the future<br>and which state could best protect the parties and the child;b.The length of time the child has resided outside this state;c.The distance between the court in this state and the court in the state that<br>would assume jurisdiction;d.The relative financial circumstances of the parties;e.Any agreement of the parties as to which state should assume jurisdiction;f.The nature and location of the evidence required to resolve the pending<br>litigation, including testimony of the child;g.The ability of the court of each state to decide the issue expeditiously and the<br>procedures necessary to present the evidence; andh.The familiarity of the court of each state with the facts and issues in the pending<br>litigation.Page No. 73.If a court of this state determines that it is an inconvenient forum and that a court of<br>another state is a more appropriate forum, it shall stay the proceedings upon<br>condition that a child custody proceeding be promptly commenced in another<br>designated state and may impose any other condition the court considers just and<br>proper.4.A court of this state may decline to exercise its jurisdiction under this chapter if a<br>child custody determination is incidental to an action for divorce or another<br>proceeding while still retaining jurisdiction over the divorce or other proceeding.14-14.1-19. (208) Jurisdiction declined by reason of conduct.1.Except as otherwise provided in section 14-14.1-15, if a court of this state has<br>jurisdiction under this chapter because a person seeking to invoke its jurisdiction has<br>engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction<br>unless:a.The parents and all persons acting as parents have acquiesced in the exercise<br>of jurisdiction;b.A court of the state otherwise having jurisdiction under sections 14-14.1-12<br>through 14-14.1-14 determines that this state is a more appropriate forum<br>under section 14-14.1-18; orc.No court of any other state would have jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-14.2.If a court of this state declines to exercise its jurisdiction under subsection 1, it may<br>fashion an appropriate remedy to ensure the safety of the child and prevent a<br>repetition of the unjustifiable conduct, including staying the proceeding until a child<br>custody proceeding is commenced in a court having jurisdiction under sections<br>14-14.1-12 through 14-14.1-14.3.If a court dismisses a petition or stays a proceeding because it declines to exercise<br>its jurisdiction pursuant to subsection 1, it shall assess against the party seeking to<br>invoke its jurisdiction necessary and reasonable expenses, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees are sought establishes that the assessment would<br>be clearly inappropriate. The court may not assess fees, costs, or expenses against<br>this state unless authorized by law other than this chapter.14-14.1-20. (209) Information to be submitted to court.1.Subject to section 14-07.1-18, in a child custody proceeding, each party, in its first<br>pleading or in an attached affidavit, shall give information, if reasonably<br>ascertainable, under oath as to the child's present address or whereabouts, the<br>places where the child has lived during the last five years, and the names and<br>present addresses of the persons with whom the child has lived during that period.<br>The pleading or affidavit must state whether the party:a.Has participated, as a party or witness or in any other capacity, in any other<br>proceeding concerning the custody of or visitation with the child and, if so,<br>identify the court, the case number, and the date of the child custody<br>determination, if any;b.Knows of any proceeding that could affect the current proceeding, including<br>proceedings for enforcement and proceedings relating to domestic violence,Page No. 8protective orders, termination of parental rights, and adoptions and, if so,<br>identify the court, the case number, and the nature of the proceeding; andc.Knows the names and addresses of any person not a party to the proceeding<br>who has physical custody of the child or claims rights of legal custody or<br>physical custody of, or visitation with, the child and, if so, the names and<br>addresses of those persons.2.If the information required by subsection 1 is not furnished, the court, upon motion of<br>a party or its own motion, may stay the proceeding until the information is furnished.3.If the declaration as to any of the items described in subdivision a, b, or c of<br>subsection 1 is in the affirmative, the declarant shall give additional information<br>under oath as required by the court. The court may examine the parties under oath<br>as to details of the information furnished and other matters pertinent to the court's<br>jurisdiction and the disposition of the case.4.Each party has a continuing duty to inform the court of any proceeding in this or any<br>other state that could affect the current proceeding.14-14.1-21. (210) Appearance of parties and child.1.In a child custody proceeding in this state, the court may order a party to the<br>proceeding who is in this state to appear before the court in person with or without<br>the child. The court may order any person who is in this state and who has physical<br>custody or control of the child to appear in person with the child.2.If a party to a child custody proceeding whose presence is desired by the court is<br>outside this state, the court may order that a notice given under section 14-14.1-07<br>include a statement directing the party to appear in person with or without the child<br>and informing the party that failure to appear may result in a decision adverse to the<br>party.3.The court may enter any orders necessary to ensure the safety of the child and of<br>any person ordered to appear under this section.4.If a party to a child custody proceeding who is outside this state is directed to appear<br>under subsection 1 or desires to appear personally before the court with or without<br>the child, the court may require another party to pay reasonable and necessary<br>travel and other expenses of the party so appearing and of the child.14-14.1-22. (302) Enforcement under the Hague convention. Under this chapter, acourt of this state may enforce an order for the return of the child made under the Hague<br>convention on the civil aspects of international child abduction as if it were a child custody<br>determination.14-14.1-23. (303) Duty to enforce.1.A court of this state shall recognize and enforce a child custody determination of a<br>court of another state if the latter court exercised jurisdiction in substantial conformity<br>with this chapter, or the determination was made under factual circumstances<br>meeting the jurisdictional standards of this chapter, and the determination has not<br>been modified in accordance with this chapter.2.A court of this state may utilize any remedy available under other law of this state to<br>enforce a child custody determination made by a court of another state.Theremedies provided in this chapter are cumulative and do not affect the availability of<br>other remedies to enforce a child custody determination.Page No. 914-14.1-24. (304) Temporary visitation.1.A court of this state which does not have jurisdiction to modify a child custody<br>determination may issue a temporary order enforcing:a.A visitation schedule made by a court of another state; orb.The visitation provisions of a child custody determination of another state that<br>does not provide for a specific visitation schedule.2.If a court of this state makes an order under subdivision b of subsection 1, it shall<br>specify in the order a period that it considers adequate to allow the petitioner to<br>obtain an order from a court having jurisdiction under the criteria specified in<br>sections 14-14.1-12 through 14-14.1-21. The order remains in effect until an order is<br>obtained from the other court or the period expires.14-14.1-25. (305) Registration of child custody determination.1.A child custody determination issued by a court of another state may be registered in<br>this state, with or without a simultaneous request for enforcement, by sending to the<br>district court in this state:a.A letter or other document requesting registration;b.Two copies, including one certified copy, of the determination sought to be<br>registered, and a statement under penalty of perjury that to the best of the<br>knowledge and belief of the person seeking registration the order has not been<br>modified; andc.Except as otherwise provided in section 14-14.1-20, the name and address of<br>the person seeking registration and any parent or person acting as a parent<br>who has been awarded custody or visitation in the child custody determination<br>sought to be registered.2.On receipt of the documents required by subsection 1, the registering court shall:a.Cause the determination to be filed as a foreign judgment, together with one<br>copy of any accompanying documents and information, regardless of their<br>form; andb.Serve notice upon the persons named pursuant to subdivision c of subsection 1<br>and provide them with an opportunity to contest the registration in accordance<br>with this section.3.The notice required by subdivision b of subsection 2 must state that:a.A registered determination is enforceable as of the date of the registration in<br>the same manner as a determination issued by a court of this state;b.A hearing to contest the validity of the registered determination must be<br>requested within twenty days after service of notice; andc.Failure to contest the registration will result in confirmation of the child custody<br>determination and preclude further contest of that determination with respect to<br>any matter that could have been asserted.4.A person seeking to contest the validity of a registered order must request a hearing<br>within twenty days after service of the notice. At that hearing, the court shall confirm<br>the registered order unless the person contesting registration establishes that:Page No. 10a.The issuing court did not have jurisdiction under sections 14-14.1-12 through<br>14-14.1-21;b.The child custody determination sought to be registered has been vacated,<br>stayed, or modified by a court having jurisdiction to do so under sections<br>14-14.1-12 through 14-14.1-21; orc.The person contesting registration was entitled to notice, but notice was not<br>given in accordance with section 14-14.1-07, in the proceedings before the<br>court that issued the order for which registration is sought.5.If a timely request for a hearing to contest the validity of the registration is not made,<br>the registration is confirmed as a matter of law and the person requesting<br>registration and all persons served must be notified of the confirmation.6.Confirmation of a registered order, whether by operation of law or after notice and<br>hearing, precludes further contest of the order with respect to any matter that could<br>have been asserted at the time of registration.14-14.1-26. (306) Enforcement of registered determination.1.A court of this state may grant any relief normally available under the law of this<br>state to enforce a registered child custody determination made by a court of another<br>state.2.A court of this state shall recognize and enforce, but may not modify, except in<br>accordance with sections 14-14.1-12 through 14-14.1-21, a registered child custody<br>determination of a court of another state.14-14.1-27. (307) Simultaneous proceedings. If a proceeding for enforcement undersections 14-14.1-22 through 14-14.1-37 is commenced in a court of this state and the court<br>determines that a proceeding to modify the determination is pending in a court of another state<br>having jurisdiction to modify the determination under sections 14-14.1-12 through 14-14.1-21, the<br>enforcing court shall immediately communicate with the modifying court. The proceeding for<br>enforcement continues unless the enforcing court, after consultation with the modifying court,<br>stays or dismisses the proceeding.14-14.1-28. (308) Expedited enforcement of child custody determination.1.A petition under sections 14-14.1-22 through 14-14.1-37 must be verified. Certified<br>copies of all orders sought to be enforced and of any order confirming registration<br>must be attached to the petition. A copy of a certified copy of an order may be<br>attached instead of the original.2.A petition for enforcement of a child custody determination must state:a.Whether the court that issued the determination identified the jurisdictional<br>basis it relied upon in exercising jurisdiction and, if so, what the basis was;b.Whether the determination for which enforcement is sought has been vacated,<br>stayed, or modified by a court whose decision must be enforced under this<br>chapter and, if so, identify the court, the case number, and the nature of the<br>proceeding;c.Whether any proceeding has been commenced that could affect the current<br>proceeding, including proceedings relating to domestic violence, protective<br>orders, termination of parental rights, and adoptions and, if so, identify the<br>court, the case number, and the nature of the proceeding;Page No. 11d.The present physical address of the child and the respondent, if known;e.Whether relief in addition to the immediate physical custody of the child and<br>attorney's fees is sought, including a request for assistance from law<br>enforcement officials and, if so, the relief sought; andf.If the child custody determination has been registered and confirmed under<br>section 14-14.1-25, the date and place of registration.3.Upon the filing of a petition, the court shall issue an order directing the respondent to<br>appear in person with or without the child at a hearing and may enter any order<br>necessary to ensure the safety of the parties and the child. The hearing must be<br>held on the next judicial day after service of the order unless that date is impossible.<br>In that event, the court shall hold the hearing on the first judicial day possible. The<br>court may extend the date of hearing at the request of the petitioner.4.An order issued under subsection 3 must state the time and place of the hearing and<br>advise the respondent that at the hearing the court may order that the petitioner take<br>immediate physical custody of the child and may order the payment of fees, costs,<br>and expenses under section 14-14.1-32, and may schedule a hearing to determine<br>whether further relief is appropriate, unless the respondent appears and establishes<br>that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court having jurisdiction to do so<br>under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-24, but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.14-14.1-29.(309) Service of petition and order.Except as otherwise provided insection 14-14.1-31, the petition and order must be served, by any method authorized by the law<br>of this state, upon the respondent and any person who has physical custody of the child.14-14.1-30. (310) Hearing and order.1.Unless the court issues a temporary emergency order under section 14-14.1-15,<br>upon a finding that a petitioner is entitled to immediate physical custody of the child,<br>the court shall order that the petitioner may take immediate physical custody of the<br>child unless the respondent establishes that:a.The child custody determination has not been registered and confirmed under<br>section 14-14.1-25 and that:(1)The issuing court did not have jurisdiction under sections 14-14.1-12<br>through 14-14.1-21;Page No. 12(2)The child custody determination for which enforcement is sought has<br>been vacated, stayed, or modified by a court of a state having jurisdiction<br>to do so under sections 14-14.1-12 through 14-14.1-21; or(3)The respondent was entitled to notice, but notice was not given in<br>accordance with section 14-14.1-07, in the proceedings before the court<br>that issued the order for which enforcement is sought; orb.The child custody determination for which enforcement is sought was<br>registered and confirmed under section 14-14.1-25 but has been vacated,<br>stayed, or modified by a court of a state having jurisdiction to do so under<br>sections 14-14.1-12 through 14-14.1-21.2.The court shall award the fees, costs, and expenses authorized under section<br>14-14.1-32 and may grant additional relief, including a request for the assistance of<br>law enforcement officials, and set a further hearing to determine whether additional<br>relief is appropriate.3.If a party called to testify refuses to answer on the ground that the testimony may be<br>self-incriminating, the court may draw an adverse inference from the refusal.4.A privilege against disclosure of communications between spouses and a defense of<br>immunity based on the relationship of husband and wife or parent and child may not<br>be invoked in a proceeding under sections 14-14.1-22 through 14-14.1-37.14-14.1-31. (311) Warrant to take physical custody of child.1.Upon the filing of a petition seeking enforcement of a child custody determination,<br>the petitioner may file a verified application for the issuance of a warrant to take<br>physical custody of the child if the child is immediately likely to suffer serious<br>physical harm or be removed from this state.2.If the court, upon the testimony of the petitioner or other witness, finds that the child<br>is imminently likely to suffer serious physical harm or be removed from this state, it<br>may issue a warrant to take physical custody of the child. The petition must be<br>heard on the next judicial day after the warrant is executed unless that date is<br>impossible. In that event, the court shall hold the hearing on the first judicial day<br>possible. The application for the warrant must include the statements required by<br>subsection 2 of section 14-14.1-28.3.A warrant to take physical custody of a child must:a.Recite the facts upon which a conclusion of imminent serious physical harm or<br>removal from the jurisdiction is based;b.Direct law enforcement officers to take physical custody of the child<br>immediately; andc.Provide for the placement of the child pending final relief.4.The respondent must be served with the petition, warrant, and order immediately<br>after the child is taken into physical custody.5.A warrant to take physical custody of a child is enforceable throughout this state. If<br>the court finds on the basis of the testimony of the petitioner or other witness that a<br>less intrusive remedy is not effective, it may authorize law enforcement officers to<br>enter private property to take physical custody of the child. If required by exigent<br>circumstances of the case, the court may authorize law enforcement officers to<br>make a forcible entry at any hour.Page No. 136.The court may impose conditions upon placement of a child to ensure the<br>appearance of the child and the child's custodian.14-14.1-32. (312) Costs, fees, and expenses.1.The court shall award the prevailing party, including a state, necessary and<br>reasonable expenses incurred by or on behalf of the party, including costs,<br>communication expenses, attorney's fees, investigative fees, expenses for<br>witnesses, travel expenses, and child care during the course of the proceedings,<br>unless the party from whom fees or expenses are sought establishes that the award<br>would be clearly inappropriate.2.The court may not assess fees, costs, or expenses against a state unless authorized<br>by law other than this chapter.14-14.1-33. (313) Recognition and enforcement. A court of this state shall accord fullfaith and credit to an order issued by another state and consistent with this chapter which<br>enforces a child custody determination by a court of another state unless the order has been<br>vacated, stayed, or modified by a court having jurisdiction to do so under sections 14-14.1-12<br>through 14-14.1-21.14-14.1-34. (314) Appeals. An appeal may be taken from a final order in a proceedingunder sections 14-14.1-22 through 14-14.1-37 in accordance with expedited appellate<br>procedures in other civil cases. Unless the court enters a temporary emergency order under<br>section 14-14.1-24, the enforcing court may not stay an order enforcing a child custody<br>determination pending appeal.14-14.1-35. (315) Role of state's attorney.1.In a case arising under this chapter or involving the Hague convention on the civil<br>aspects of international child abduction, the state's attorney may take any lawful<br>action, including resort to a proceeding under sections 14-14.1-22 through<br>14-14.1-37 or any other available civil proceeding to locate a child, obtain the return<br>of a child, or enforce a child custody determination if there is:a.An existing child custody determination;b.A request to do so from a court in a pending child custody proceeding;c.A reasonable belief that a criminal statute has been violated; ord.A reasonable belief that the child has been wrongfully removed or retained in<br>violation of the Hague convention on the civil aspects of international child<br>abduction.2.A state's attorney acting under this section acts on behalf of the court and may not<br>represent any party.14-14.1-36. (316) Role of law enforcement. At the request of a state's attorney actingunder section 14-14.1-35, a law enforcement officer may take any lawful action reasonably<br>necessary to locate a child or a party and assist a state's attorney with responsibilities under<br>section 14-14.1-35.14-14.1-37. (317) Costs and expenses. If the respondent is not the prevailing party, thecourt may assess against the respondent all direct expenses and costs incurred by the state's<br>attorney and law enforcement officers under section 14-14.1-35 or 14-14.1-36.Page No. 14Document Outlinechapter 14-14.1 uniform child custody jurisdiction and enforcement act