§583A-209 - Information to be submitted to court.
[§583A-209] Information to be submitted to
court. (a) In a child-custody proceeding, each party, in its first
pleading or in an attached affidavit, shall give information, if reasonably
ascertainable, under oath as to the child's present address or whereabouts, the
places where the child has lived during the last five years, and the names and
present addresses of the persons with whom the child has lived during that
period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any
other capacity, in any other proceeding concerning the custody of or visitation
with the child and, if so, identify the court, the case number, and the date of
the child-custody determination, if any;
(2) Knows of any proceeding that could affect the
current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental
rights, and adoptions, and, if so, identify the court, the case number, and the
nature of the proceeding; and
(3) Knows the names and addresses of any person not a
party to the proceeding who has physical custody of the child or claims rights
of legal custody or physical custody of, or visitation with, the child and, if
so, the names and addresses of those persons.
(b) If the information required by subsection
(a) is not furnished, the court, upon motion of a party or its own motion, may
stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items
described in subsection (a)(1) to (3) is in the affirmative, the declarant
shall give additional information under oath as required by the court. The
court may examine the parties under oath as to details of the information
furnished and other matters pertinent to the court's jurisdiction and the
disposition of the case.
(d) Each party shall have a continuing duty to
inform the court of any proceeding in this or any other state that could affect
the current proceeding.
(e) Upon a finding, which may be ex parte,
that the health, safety, or liberty of a party or child would be unreasonably
put at risk by the disclosure of identifying information, or if an existing
order so provides, the court shall order that the address of the child or party
or other identifying information shall not be disclosed in a pleading or other
documents filed in a proceeding under this section. [L 2002, c 124, pt of §2]