§ 20-146.20. Information to be submitted to court.
A. In a child custody proceeding, each party, in its first pleading or in anattached affidavit, shall give information, if reasonably ascertainable,under oath as to the child's present address or whereabouts, the places wherethe child has lived during the past five years, and the names and presentaddresses 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 anyother 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 custodydetermination, if any;
2. Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights, and adoptions,and, if so, identify the court, the case number, and the nature of theproceeding; and
3. Knows the names and addresses of any persons not a party to the proceedingwho has physical custody of the child or claims rights of legal custody orphysical custody of, or visitation with, the child and, if so, the names andaddresses 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 theinformation is furnished.
C. If the declaration as to any of the items described in subdivisions A 1, A2 and A 3 is in the affirmative, the declarant shall give additionalinformation under oath as required by the court. The court may examine theparties under oath as to details of the information furnished and othermatters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding inthis or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that thehealth, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed andmay not be disclosed to the other party or the public unless the court ordersthe disclosure to be made after a hearing in which the court takes intoconsideration the health, safety, or liberty of the party or child. In such ahearing the court shall make a written finding that the disclosure is or isnot in the interest of justice. Such hearing and written finding of the issueof disclosure shall be held and made by the court within fifteen days of thefiling of a pleading.
(1979, c. 229; 1982, c. 519, § 20-132; 2001, c. 305.)
§ 20-146.20. Information to be submitted to court.
A. In a child custody proceeding, each party, in its first pleading or in anattached affidavit, shall give information, if reasonably ascertainable,under oath as to the child's present address or whereabouts, the places wherethe child has lived during the past five years, and the names and presentaddresses 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 anyother 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 custodydetermination, if any;
2. Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights, and adoptions,and, if so, identify the court, the case number, and the nature of theproceeding; and
3. Knows the names and addresses of any persons not a party to the proceedingwho has physical custody of the child or claims rights of legal custody orphysical custody of, or visitation with, the child and, if so, the names andaddresses 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 theinformation is furnished.
C. If the declaration as to any of the items described in subdivisions A 1, A2 and A 3 is in the affirmative, the declarant shall give additionalinformation under oath as required by the court. The court may examine theparties under oath as to details of the information furnished and othermatters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding inthis or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that thehealth, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed andmay not be disclosed to the other party or the public unless the court ordersthe disclosure to be made after a hearing in which the court takes intoconsideration the health, safety, or liberty of the party or child. In such ahearing the court shall make a written finding that the disclosure is or isnot in the interest of justice. Such hearing and written finding of the issueof disclosure shall be held and made by the court within fifteen days of thefiling of a pleading.
(1979, c. 229; 1982, c. 519, § 20-132; 2001, c. 305.)
§ 20-146.20. Information to be submitted to court.
A. In a child custody proceeding, each party, in its first pleading or in anattached affidavit, shall give information, if reasonably ascertainable,under oath as to the child's present address or whereabouts, the places wherethe child has lived during the past five years, and the names and presentaddresses 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 anyother 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 custodydetermination, if any;
2. Knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, protective orders, termination of parental rights, and adoptions,and, if so, identify the court, the case number, and the nature of theproceeding; and
3. Knows the names and addresses of any persons not a party to the proceedingwho has physical custody of the child or claims rights of legal custody orphysical custody of, or visitation with, the child and, if so, the names andaddresses 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 theinformation is furnished.
C. If the declaration as to any of the items described in subdivisions A 1, A2 and A 3 is in the affirmative, the declarant shall give additionalinformation under oath as required by the court. The court may examine theparties under oath as to details of the information furnished and othermatters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding inthis or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that thehealth, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information shall be sealed andmay not be disclosed to the other party or the public unless the court ordersthe disclosure to be made after a hearing in which the court takes intoconsideration the health, safety, or liberty of the party or child. In such ahearing the court shall make a written finding that the disclosure is or isnot in the interest of justice. Such hearing and written finding of the issueof disclosure shall be held and made by the court within fifteen days of thefiling of a pleading.
(1979, c. 229; 1982, c. 519, § 20-132; 2001, c. 305.)
