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S1298aa..............................................by JUDICIARY AND RULES
CHILD CUSTODY - Repeals and adds to existing law to establish the Uniform
Child Custody Jurisdiction and Enforcement Act; to provide a short title,
to provide definitions; to provide for proceedings governed by other law;
to provide for application to Indian tribes; to provide international
application; to provide for effect of child custody determination; to
provide priority; to provide for notice to persons outside the state; to
provide for appearance and limited immunity; to provide for communication
between courts; to provide for taking testimony in another state; to
provide for cooperation between courts and preservation of records; to
provide jurisdiction; to provide for notice and opportunity to be heard and
joinder; to provide for simultaneous proceedings; to provide for
inconvenient forums; to provide for information to be submitted to the
court; to provide for appearance of parties and child; to provide for
enforcement under the Hague Convention; to provide a duty to enforce; to
provide for temporary visitation; to provide for registration of child
custody determinations; to provide for enforcement of registered
determinations; to provide for expedited enforcement of child custody
determinations; to provide for service of petition and order; to provide
for hearing and order; to provide for a warrant to take physical custody of
a child; to provide for costs, fees and expenses; to provide for
recognition and enforcement; to provide for appeals; to provide the role of
the prosecutor and law enforcement; to provide application and
construction; to provide severability; and to provide a transitional
provision.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/03 Rpt out - to 14th Ord
02/11 Rpt out amen - to engros
02/14 Rpt engros - 1st rdg - to 2nd rdg as amen
02/15 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch
Floor Sponsor - Dunklin
Title apvd - to House
02/21 House intro - 1st rdg as amen - to Jud
03/28 Rpt out - rec d/p - to 2nd rdg as amen
03/29 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 66-0-4
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Cuddy, Mr Speaker
Floor Sponsor - Field(13)
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 227
Effective: 07/01/00
S1298
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1298, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CHILD CUSTODY JURISDICTION; REPEALING CHAPTER 11, TITLE 32, IDAHO
3 CODE; AMENDING TITLE 32, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 11,
4 TITLE 32, IDAHO CODE, TO PROVIDE THE UNIFORM CHILD CUSTODY JURISDICTION
5 AND ENFORCEMENT ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE DEFINITIONS, TO
6 PROVIDE FOR PROCEEDINGS GOVERNED BY OTHER LAW, TO PROVIDE FOR APPLICATION
7 TO INDIAN TRIBES, TO PROVIDE INTERNATIONAL APPLICATION, TO PROVIDE FOR
8 EFFECT OF CHILD CUSTODY DETERMINATION, TO PROVIDE PRIORITY, TO PROVIDE FOR
9 NOTICE TO PERSONS OUTSIDE THE STATE, TO PROVIDE FOR APPEARANCE AND LIMITED
10 IMMUNITY, TO PROVIDE FOR COMMUNICATION BETWEEN THE COURTS, TO PROVIDE FOR
11 TAKING TESTIMONY IN ANOTHER STATE, TO PROVIDE FOR COOPERATION BETWEEN
12 COURTS AND PRESERVATION OF RECORDS, TO PROVIDE INITIAL CHILD CUSTODY
13 JURISDICTION, TO PROVIDE EXCLUSIVE CONTINUING JURISDICTION, TO PROVIDE
14 JURISDICTION TO MODIFY DETERMINATION, TO PROVIDE TEMPORARY EMERGENCY
15 JURISDICTION, TO PROVIDE FOR NOTICE, OPPORTUNITY TO BE HEARD AND JOINDER,
16 TO PROVIDE FOR SIMULTANEOUS PROCEEDINGS, TO PROVIDE FOR INCONVENIENT
17 FORUMS, TO PROVIDE FOR JURISDICTION DECLINED BY REASON OF CONDUCT, TO PRO-
18 VIDE FOR INFORMATION TO BE SUBMITTED TO THE COURT, TO PROVIDE FOR APPEAR-
19 ANCE OF PARTIES AND CHILD, TO PROVIDE FOR ENFORCEMENT UNDER THE HAGUE CON-
20 VENTION, TO PROVIDE A DUTY TO ENFORCE, TO PROVIDE FOR TEMPORARY VISITA-
21 TION, TO PROVIDE FOR REGISTRATION OF CHILD CUSTODY DETERMINATIONS, TO PRO-
22 VIDE FOR ENFORCEMENT OF REGISTERED DETERMINATIONS, TO PROVIDE FOR SIMULTA-
23 NEOUS PROCEEDINGS, TO PROVIDE FOR EXPEDITED ENFORCEMENT OF CHILD CUSTODY
24 DETERMINATIONS, TO PROVIDE FOR SERVICE OF PETITION AND ORDER, TO PROVIDE
25 FOR HEARING AND ORDER, TO PROVIDE FOR A WARRANT TO TAKE PHYSICAL CUSTODY
26 OF A CHILD, TO PROVIDE FOR COSTS, FEES AND EXPENSES, TO PROVIDE FOR RECOG-
27 NITION AND ENFORCEMENT, TO PROVIDE FOR APPEALS, TO PROVIDE THE ROLE OF THE
28 PROSECUTOR, TO PROVIDE THE ROLE OF LAW ENFORCEMENT, TO PROVIDE FOR COSTS
29 AND EXPENSES, TO PROVIDE APPLICATION AND CONSTRUCTION, TO PROVIDE SEVER-
30 ABILITY AND TO PROVIDE A TRANSITIONAL PROVISION; AMENDING SECTION 39-6306,
31 IDAHO CODE, TO PROVIDE A CORRECT REFERENCE; AND PROVIDING AN EFFECTIVE
32 DATE.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Chapter 11, Title 32, Idaho Code, be, and the same is
35 hereby repealed.
36 SECTION 2. That Title 32, Idaho Code, be amended by the addition of a NEW
37 CHAPTER, to be known and designated as Chapter 11, Title 32, Idaho Code, and
38 to read as follows:
2
1 CHAPTER 11
2 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
3 PART 1
4 GENERAL PROVISIONS
5 32-11-101. SHORT TITLE. This chapter may be cited as the "Uniform Child
6 Custody Jurisdiction and Enforcement Act."
7 32-11-102. DEFINITIONS. In this chapter:
8 (a) "Abandoned" means left without provision for reasonable and necessary
9 care or supervision.
10 (b) "Child" means an individual who has not attained eighteen (18) years
11 of age.
12 (c) "Child custody determination" means a judgment, decree, or other
13 order of a court providing for the legal custody, physical custody or visita-
14 tion with respect to a child. The term includes a permanent, temporary, ini-
15 tial and modification order. The term does not include an order relating to
16 child support or other monetary obligation of an individual.
17 (d) "Child custody proceeding" means a proceeding in which legal custody,
18 physical custody or visitation with respect to a child is an issue. The term
19 includes a proceeding for divorce, separation, neglect, abuse, dependency,
20 guardianship, paternity, termination of parental rights, and protection from
21 domestic violence, in which the issue may appear. The term does not include a
22 proceeding involving juvenile delinquency, contractual emancipation or
23 enforcement under part 3 of this chapter.
24 (e) "Commencement" means the filing of the first pleading in a proceed-
25 ing.
26 (f) "Court" means an entity authorized under the law of a state to estab-
27 lish, enforce or modify a child custody determination.
28 (g) "Home state" means the state in which a child lived with a parent or
29 a person acting as a parent for at least six (6) consecutive months immedi-
30 ately before the commencement of a child custody proceeding. In the case of a
31 child less than six (6) months of age, the term means the state in which the
32 child lived from birth with any of the persons mentioned. A period of tempo-
33 rary absence of any of the mentioned persons is part of the period.
34 (h) "Initial determination" means the first child custody determination
35 concerning a particular child.
36 (i) "Issuing court" means the court that makes a child custody determina-
37 tion for which enforcement is sought under this chapter.
38 (j) "Issuing state" means the state in which a child custody determina-
39 tion is made.
40 (k) "Modification" means a child custody determination that changes,
41 replaces, supersedes, or is otherwise made after a previous determination con-
42 cerning the same child, whether or not it is made by the court that made the
43 previous determination.
44 (l) "Person" means an individual; corporation; business trust; estate;
45 trust; partnership; limited liability company; association; joint venture;
46 government; governmental subdivision, agency or instrumentality; public corpo-
47 ration; or any other legal or commercial entity.
48 (m) "Person acting as a parent" means a person, other than a parent, who:
49 (1) Has physical custody of the child or has had physical custody for a
50 period of six (6) consecutive months, including any temporary absence,
51 within one (1) year immediately before the commencement of a child custody
3
1 proceeding; and
2 (2) Has been awarded legal custody by a court or claims a right to legal
3 custody under the law of this state.
4 (n) "Petitioner" means a person who seeks enforcement of an order for
5 return of a child under the Hague convention on the civil aspects of interna-
6 tional child abduction or enforcement of a child custody determination.
7 (o) "Physical custody" means the physical care and supervision of a
8 child.
9 (p) "Respondent" means a person against whom a proceeding has been com-
10 menced for enforcement of an order for return of a child under the Hague con-
11 vention on the civil aspects of international child abduction or enforcement
12 of a child custody determination.
13 (q) "State" means a state of the United States, the District of Columbia,
14 Puerto Rico, the United States Virgin Islands, or any territory or insular
15 possession subject to the jurisdiction of the United States.
16 (r) "Tribe" means an Indian tribe or band, or Alaskan native village,
17 which is recognized by federal law or formally acknowledged by a state.
18 (s) "Warrant" means an order issued by a court authorizing law enforce-
19 ment officers to take physical custody of a child.
20 32-11-103. PROCEEDINGS GOVERNED BY OTHER LAW. This chapter does not govern
21 an adoption proceeding or a proceeding pertaining to the authorization of
22 emergency medical care for a child.
23 32-11-104. APPLICATION TO INDIAN TRIBES. A child custody proceeding that
24 pertains to an Indian child as defined in the Indian child welfare act, 25
25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is
26 governed by the Indian child welfare act.
27 32-11-105. INTERNATIONAL APPLICATION OF CHAPTER. (a) A court of this state
28 shall treat a foreign country as if it were a state of the United States for
29 the purpose of applying parts 1 and 2 of this chapter.
30 (b) Except as otherwise provided in subsection (c) of this section, a
31 child custody determination made in a foreign country under factual circum-
32 stances in substantial conformity with the jurisdictional standards of this
33 chapter must be recognized and enforced under part 3 of this chapter.
34 (c) A court of this state need not apply this chapter if the child cus-
35 tody law of a foreign country violates fundamental principles of human rights.
36 32-11-106. EFFECT OF CHILD CUSTODY DETERMINATION. A child custody determi-
37 nation made by a court of this state that had jurisdiction under this chapter
38 binds all persons who have been served in accordance with the laws of this
39 state or notified in accordance with section 32-11-108, Idaho Code, or who
40 have submitted to the jurisdiction of the court, and who have been given an
41 opportunity to be heard. As to those persons, the determination is conclusive
42 as to all decided issues of law and fact except to the extent the determina-
43 tion is modified.
44 32-11-107. PRIORITY. If a question of existence or exercise of jurisdic-
45 tion under this chapter is raised in a child custody proceeding, the question,
46 upon request of a party, must be given priority on the calendar and handled
47 expeditiously.
48 32-11-108. NOTICE TO PERSONS OUTSIDE STATE. (a) Notice required for the
49 exercise of jurisdiction when a person is outside this state may be given in a
4
1 manner prescribed by the law of this state for service of process or by the
2 law of the state in which the service is made. Notice must be given in a man-
3 ner reasonably calculated to give actual notice but may be by publication if
4 other means are not effective.
5 (b) Proof of service may be made in the manner prescribed by the law of
6 this state or by the law of the state in which the service is made.
7 (c) Notice is not required for the exercise of jurisdiction with respect
8 to a person who submits to the jurisdiction of the court.
9 32-11-109. APPEARANCE AND LIMITED IMMUNITY. (a) A party to a child custody
10 proceeding, including a modification proceeding, or a petitioner or respondent
11 in a proceeding to enforce or register a child custody determination, is not
12 subject to personal jurisdiction in this state for another proceeding or pur-
13 pose solely by reason of having participated, or of having been physically
14 present for the purpose of participating, in the proceeding.
15 (b) A person who is subject to personal jurisdiction in this state on a
16 basis other than physical presence is not immune from service of process in
17 this state. A party present in this state who is subject to the jurisdiction
18 of another state is not immune from service of process allowable under the
19 laws of that state.
20 (c) The immunity granted by subsection (a) of this section does not
21 extend to civil litigation based on acts unrelated to the participation in a
22 proceeding under this chapter committed by an individual while present in this
23 state.
24 32-11-110. COMMUNICATION BETWEEN COURTS. (a) A court of this state may
25 communicate with a court in another state concerning a proceeding arising
26 under this chapter.
27 (b) The court may allow the parties to participate in the communication.
28 If the parties are not able to participate in the communication, they must be
29 given the opportunity to present facts and legal arguments before a decision
30 on jurisdiction is made.
31 (c) Communication between courts on schedules, calendars, court records,
32 and similar matters may occur without informing the parties. A record need not
33 be made of the communication.
34 (d) Except as otherwise provided in subsection (c) of this section, a
35 record must be made of a communication under this section. The parties must be
36 informed promptly of the communication and granted access to the record.
37 (e) For the purposes of this section, "record" means information that is
38 inscribed on a tangible medium or that is stored in an electronic or other
39 medium and is retrievable in perceivable form.
40 32-11-111. TAKING TESTIMONY IN ANOTHER STATE. (a) In addition to other
41 procedures available to a party, a party to a child custody proceeding may
42 offer testimony of witnesses who are located in another state, including tes-
43 timony of the parties and the child, by deposition or other means allowable in
44 this state for testimony taken in another state. The court on its own motion
45 may order that the testimony of a person be taken in another state and may
46 prescribe the manner in which and the terms upon which the testimony is taken.
47 (b) A court of this state may permit an individual residing in another
48 state to be deposed or to testify by telephone, audiovisual means, or other
49 electronic means before a designated court or at another location in that
50 state. A court of this state shall cooperate with courts of other states in
51 designating an appropriate location for the deposition or testimony.
52 (c) Documentary evidence transmitted from another state to a court of
5
1 this state by technological means that do not produce an original writing may
2 not be excluded from evidence on an objection based on the means of transmis-
3 sion.
4 32-11-112. COOPERATION BETWEEN COURTS -- PRESERVATION OF RECORDS. (a) A
5 court of this state may request the appropriate court of another state to:
6 (1) Hold an evidentiary hearing;
7 (2) Order a person to produce or give evidence pursuant to procedures of
8 that state;
9 (3) Order that an evaluation be made with respect to the custody of a
10 child involved in a pending proceeding;
11 (4) Forward to the court of this state a certified copy of the transcript
12 of the record of the hearing, the evidence otherwise presented, and any
13 evaluation prepared in compliance with the request; and
14 (5) Order a party to a child custody proceeding or any person having
15 physical custody of the child to appear in the proceeding with or without
16 the child.
17 (b) Upon request of a court of another state, a court of this state may
18 hold a hearing or enter an order described in subsection (a) of this section.
19 (c) Travel and other necessary and reasonable expenses incurred under
20 subsections (a) and (b) of this section may be assessed against the parties
21 according to the law of this state.
22 (d) A court of this state shall preserve the pleadings, orders, decrees,
23 records of hearings, evaluations, and other pertinent records with respect to
24 a child custody proceeding until the child attains eighteen (18) years of age.
25 Upon appropriate request by a court or law enforcement official of another
26 state, the court shall forward a certified copy of those records.
27 PART 2
28 JURISDICTION
29 32-11-201. INITIAL CHILD CUSTODY JURISDICTION. (a) Except as otherwise
30 provided in section 32-11-204, Idaho Code, a court of this state has jurisdic-
31 tion to make an initial child custody determination only if:
32 (1) This state is the home state of the child on the date of the com-
33 mencement of the proceeding, or was the home state of the child within six
34 (6) months before the commencement of the proceeding and the child is
35 absent from this state but a parent or person acting as a parent continues
36 to live in this state;
37 (2) A court of another state does not have jurisdiction under paragraph
38 (1) of this subsection, or a court of the home state of the child has
39 declined to exercise jurisdiction on the ground that this state is the
40 more appropriate forum under section 32-11-207 or 32-11-208, Idaho Code,
41 and:
42 (A) The child and the child's parents, or the child and at least one
43 (1) parent or a person acting as a parent, have a significant connec-
44 tion with this state other than mere physical presence; and
45 (B) Substantial evidence is available in this state concerning the
46 child's care, protection, training and personal relationships;
47 (3) All courts having jurisdiction under paragraph (1) or (2) of this
48 subsection have declined to exercise jurisdiction on the ground that a
49 court of this state is the more appropriate forum to determine the custody
50 of the child under section 32-11-207 or 32-11-208, Idaho Code; or
51 (4) No court of any other state would have jurisdiction under the crite-
52 ria specified in paragraph (1), (2) or (3) of this subsection.
6
1 (b) Subsection (a) of this section is the exclusive jurisdictional basis
2 for making a child custody determination by a court of this state.
3 (c) Physical presence of, or personal jurisdiction over, a party or a
4 child is not necessary or sufficient to make a child custody determination.
5 32-11-202. EXCLUSIVE, CONTINUING JURISDICTION. (a) Except as otherwise
6 provided in section 32-11-204, Idaho Code, a court of this state which has
7 made a child custody determination consistent with section 32-11-201 or
8 32-11-203, Idaho Code, has exclusive, continuing jurisdiction over the deter-
9 mination until:
10 (1) A court of this state determines that neither the child, nor the
11 child and one (1) parent, nor the child and a person acting as a parent
12 have a significant connection with this state and that substantial evi-
13 dence is no longer available in this state concerning the child's care,
14 protection, training and personal relationships; or
15 (2) A court of this state or a court of another state determines that the
16 child, the child's parents, and any person acting as a parent do not pres-
17 ently reside in this state.
18 (b) A court of this state which has made a child custody determination
19 and does not have exclusive, continuing jurisdiction under this section may
20 modify that determination only if it has jurisdiction to make an initial
21 determination under section 32-11-201, Idaho Code.
22 32-11-203. JURISDICTION TO MODIFY DETERMINATION. Except as otherwise pro-
23 vided in section 32-11-204, Idaho Code, a court of this state may not modify a
24 child custody determination made by a court of another state unless a court of
25 this state has jurisdiction to make an initial determination under section
26 32-11-201(a)(1) or (2), Idaho Code, and:
27 (a) The court of the other state determines it no longer has exclusive,
28 continuing jurisdiction under section 32-11-202, Idaho Code, or that a
29 court of this state would be a more convenient forum under section
30 32-11-207, Idaho Code; or
31 (b) A court of this state or a court of the other state determines that
32 the child, the child's parents, and any person acting as a parent do not
33 presently reside in the other state.
34 32-11-204. TEMPORARY EMERGENCY JURISDICTION. (a) A court of this state has
35 temporary emergency jurisdiction if the child is present in this state and the
36 child has been abandoned or it is necessary in an emergency to protect the
37 child because the child, or a sibling or parent of the child, is subjected to
38 or threatened with mistreatment or abuse.
39 (b) If there is no previous child custody determination that is entitled
40 to be enforced under this chapter and a child custody proceeding has not been
41 commenced in a court of a state having jurisdiction under sections 32-11-201
42 through 32-11-203, Idaho Code, a child custody determination made under this
43 section remains in effect until an order is obtained from a court of a state
44 having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code. If
45 a child custody proceeding has not been or is not commenced in a court of a
46 state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho
47 Code, a child custody determination made under this section becomes a final
48 determination, if it so provides and this state becomes the home state of the
49 child.
50 (c) If there is a previous child custody determination that is entitled
51 to be enforced under this chapter, or a child custody proceeding has been com-
52 menced in a court of a state having jurisdiction under sections 32-11-201
7
1 through 32-11-203, Idaho Code, any order issued by a court of this state under
2 this section must specify in the order a period that the court considers ade-
3 quate to allow the person seeking an order to obtain an order from the state
4 having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code.
5 The order issued in this state remains in effect until an order is obtained
6 from the other state within the period specified or the period expires.
7 (d) A court of this state which has been asked to make a child custody
8 determination under this section, upon being informed that a child custody
9 proceeding has been commenced in, or a child custody determination has been
10 made by, a court of a state having jurisdiction under Sections 32-11-201
11 through 32-11-203, Idaho Code, shall immediately communicate with the other
12 court. A court of this state which is exercising jurisdiction pursuant to sec-
13 tions 32-11-201 through 32-11-203, Idaho Code, upon being informed that a
14 child custody proceeding has been commenced in, or a child custody determina-
15 tion has been made by, a court of another state under a statute similar to
16 this section shall immediately communicate with the court of that state to
17 resolve the emergency, protect the safety of the parties and the child, and
18 determine a period for the duration of the temporary order.
19 32-11-205. NOTICE -- OPPORTUNITY TO BE HEARD -- JOINDER. (a) Before a
20 child custody determination is made under this chapter, notice and an opportu-
21 nity to be heard in accordance with the standards of section 32-11-108, Idaho
22 Code, must be given to all persons entitled to notice under the law of this
23 state as in child custody proceedings between residents of this state, any
24 parent whose parental rights have not been previously terminated, and any per-
25 son having physical custody of the child.
26 (b) This chapter does not govern the enforceability of a child custody
27 determination made without notice or an opportunity to be heard.
28 (c) The obligation to join a party and the right to intervene as a party
29 in a child custody proceeding under this chapter are governed by the law of
30 this state as in child custody proceedings between residents of this state.
31 32-11-206. SIMULTANEOUS PROCEEDINGS. (a) Except as otherwise provided in
32 section 32-11-204, Idaho Code, a court of this state may not exercise its
33 jurisdiction under part 2 of this chapter if, at the time of the commencement
34 of the proceeding, a proceeding concerning the custody of the child has been
35 commenced in a court of another state having jurisdiction substantially in
36 conformity with this chapter, unless the proceeding has been terminated or is
37 stayed by the court of the other state because a court of this state is a more
38 convenient forum under section 32-11-207, Idaho Code.
39 (b) Except as otherwise provided in section 32-11-204, Idaho Code, a
40 court of this state, before hearing a child custody proceeding, shall examine
41 the court documents and other information supplied by the parties pursuant to
42 section 32-11-209, Idaho Code. If the court determines that a child custody
43 proceeding has been commenced in a court in another state having jurisdiction
44 substantially in accordance with this chapter, the court of this state shall
45 stay its proceeding and communicate with the court of the other state. If the
46 court of the state having jurisdiction substantially in accordance with this
47 chapter does not determine that the court of this state is a more appropriate
48 forum, the court of this state shall dismiss the proceeding.
49 (c) In a proceeding to modify a child custody determination, a court of
50 this state shall determine whether a proceeding to enforce the determination
51 has been commenced in another state. If a proceeding to enforce a child cus-
52 tody determination has been commenced in another state, the court may:
53 (1) Stay the proceeding for modification pending the entry of an order of
8
1 a court of the other state enforcing, staying, denying or dismissing the
2 proceeding for enforcement;
3 (2) Enjoin the parties from continuing with the proceeding for enforce-
4 ment; or
5 (3) Proceed with the modification under conditions it considers appropri-
6 ate.
7 32-11-207. INCONVENIENT FORUM. (a) A court of this state which has juris-
8 diction under this chapter to make a child custody determination may decline
9 to exercise its jurisdiction at any time if it determines that it is an incon-
10 venient forum under the circumstances and that a court of another state is a
11 more appropriate forum. The issue of inconvenient forum may be raised upon
12 motion of a party, the court's own motion or request of another court.
13 (b) Before determining whether it is an inconvenient forum, a court of
14 this state shall consider whether it is appropriate for a court of another
15 state to exercise jurisdiction. For this purpose, the court shall allow the
16 parties to submit information and shall consider all relevant factors, includ-
17 ing:
18 (1) Whether domestic violence has occurred and is likely to continue in
19 the future and which state could best protect the parties and the child;
20 (2) The length of time the child has resided outside this state;
21 (3) The distance between the court in this state and the court in the
22 state that would assume jurisdiction;
23 (4) The relative financial circumstances of the parties;
24 (5) Any agreement of the parties as to which state should assume juris-
25 diction;
26 (6) The nature and location of the evidence required to resolve the pend-
27 ing litigation, including testimony of the child;
28 (7) The ability of the court of each state to decide the issue expedi-
29 tiously and the procedures necessary to present the evidence; and
30 (8) The familiarity of the court of each state with the facts and issues
31 in the pending litigation.
32 (c) If a court of this state determines that it is an inconvenient forum
33 and that a court of another state is a more appropriate forum, it shall stay
34 the proceedings upon condition that a child custody proceeding be promptly
35 commenced in another designated state and may impose any other condition the
36 court considers just and proper.
37 (d) A court of this state may decline to exercise its jurisdiction under
38 this chapter if a child custody determination is incidental to an action for
39 divorce or another proceeding while still retaining jurisdiction over the
40 divorce or other proceeding.
41 32-11-208. JURISDICTION DECLINED BY REASON OF CONDUCT. (a) Except as
42 otherwise provided in section 32-11-204, Idaho Code, or by other law of this
43 state, if a court of this state has jurisdiction under this chapter because a
44 person seeking to invoke its jurisdiction has engaged in unjustifiable con-
45 duct, the court shall decline to exercise its jurisdiction unless:
46 (1) The parents and all persons acting as parents have acquiesced in the
47 exercise of jurisdiction;
48 (2) A court of the state otherwise having jurisdiction under sections
49 32-11-201 through 32-11-203, Idaho Code, determines that this state is a
50 more appropriate forum under section 32-11-207, Idaho Code; or
51 (3) No court of any other state would have jurisdiction under the crite-
52 ria specified in sections 32-11-201 through 32-11-203, Idaho Code.
53 (b) If a court of this state declines to exercise its jurisdiction pursu-
9
1 ant to subsection (a) of this section, it may fashion an appropriate remedy to
2 ensure the safety of the child and prevent a repetition of the unjustifiable
3 conduct, including staying the proceeding until a child custody proceeding is
4 commenced in a court having jurisdiction under sections 32-11-201 through
5 32-11-203, Idaho Code.
6 (c) If a court dismisses a petition or stays a proceeding because it
7 declines to exercise its jurisdiction pursuant to subsection (a) of this sec-
8 tion, it shall assess against the party seeking to invoke its jurisdiction
9 necessary and reasonable expenses including costs, communication expenses,
10 attorney's fees, investigative fees, expenses for witnesses, travel expenses
11 and child care during the course of the proceedings, unless the party from
12 whom fees are sought establishes that the assessment would be clearly inappro-
13 priate. The court may not assess fees, costs or expenses against this state
14 unless authorized by law other than this chapter.
15 32-11-209. INFORMATION TO BE SUBMITTED TO COURT. (a) In a child custody
16 proceeding each party, in its first pleading or in an attached affidavit,
17 shall give information, if reasonably ascertainable, under oath as to the
18 child's present address or whereabouts, the places where the child has lived
19 during the last five (5) years, and the names and present addresses of the
20 persons with whom the child has lived during that period. The pleading or
21 affidavit must state whether the party:
22 (1) Has participated, as a party or witness or in any other capacity, in
23 any other proceeding concerning the custody of or visitation with the
24 child and, if so, identify the court, the case number, and the date of the
25 child custody determination, if any;
26 (2) Knows of any proceeding that could affect the current proceeding,
27 including proceedings for enforcement and proceedings relating to domestic
28 violence, protective orders, termination of parental rights, and adoptions
29 and, if so, identify the court, the case number, and the nature of the
30 proceeding; and
31 (3) Knows the names and addresses of any person not a party to the pro-
32 ceeding who has physical custody of the child or claims rights of legal
33 custody or physical custody of, or visitation with, the child and, if so,
34 the names and addresses of those persons.
35 (b) If the information required by subsection (a) of this section is not
36 furnished, the court, upon motion of a party or its own motion, may stay the
37 proceeding until the information is furnished.
38 (c) If the declaration as to any of the items described in subsections
39 (a)(1) through (3) of this section is in the affirmative, the declarant shall
40 give additional information under oath as required by the court. The court may
41 examine the parties under oath as to details of the information furnished and
42 other matters pertinent to the court's jurisdiction and the disposition of the
43 case.
44 (d) Each party has a continuing duty to inform the court of any proceed-
45 ing in this or any other state that could affect the current proceeding.
46 32-11-210. APPEARANCE OF PARTIES AND CHILD. (a) In a child custody pro-
47 ceeding in this state, the court may order a party to the proceeding who is in
48 this state to appear before the court in person with or without the child. The
49 court may order any person who is in this state and who has physical custody
50 or control of the child to appear in person with the child.
51 (b) If a party to a child custody proceeding whose presence is desired by
52 the court is outside this state, the court may order that a notice given pur-
53 suant to section 32-11-108, Idaho Code, include a statement directing the
10
1 party to appear in person with or without the child and informing the party
2 that failure to appear may result in a decision adverse to the party.
3 (c) The court may enter any orders necessary to ensure the safety of the
4 child and of any person ordered to appear under this section.
5 (d) If a party to a child custody proceeding who is outside this state is
6 directed to appear under subsection (b) of this section or desires to appear
7 personally before the court with or without the child, the court may require
8 another party to pay reasonable and necessary travel and other expenses of the
9 party so appearing and of the child.
10 PART 3
11 ENFORCEMENT
12 32-11-301. [RESERVED]
13 32-11-302. ENFORCEMENT UNDER HAGUE CONVENTION. Under this chapter a court
14 of this state may enforce an order for the return of the child made under the
15 Hague convention on the civil aspects of international child abduction as if
16 it were a child custody determination.
17 32-11-303. DUTY TO ENFORCE. (a) A court of this state shall recognize and
18 enforce a child custody determination of a court of another state if the lat-
19 ter court exercised jurisdiction in substantial conformity with this chapter
20 or the determination was made under factual circumstances meeting the juris-
21 dictional standards of this chapter and the determination has not been modi-
22 fied in accordance with this chapter.
23 (b) A court of this state may utilize any remedy available under other
24 law of this state to enforce a child custody determination made by a court of
25 another state. The remedies provided in this part 3 are cumulative and do not
26 affect the availability of other remedies to enforce a child custody determi-
27 nation.
28 32-11-304. TEMPORARY VISITATION. (a) A court of this state which does not
29 have jurisdiction to modify a child custody determination, may issue a tempo-
30 rary order enforcing:
31 (1) A visitation schedule made by a court of another state; or
32 (2) The visitation provisions of a child custody determination of another
33 state that does not provide for a specific visitation schedule.
34 (b) If a court of this state makes an order under subsection (a)(2) of
35 this section, it shall specify in the order a period that it considers ade-
36 quate to allow the petitioner to obtain an order from a court having jurisdic-
37 tion under the criteria specified in part 2 of this chapter. The order remains
38 in effect until an order is obtained from the other court or the period
39 expires.
40 32-11-305. REGISTRATION OF CHILD CUSTODY DETERMINATION. (a) A child cus-
41 tody determination issued by a court of another state may be registered in
42 this state, with or without a simultaneous request for enforcement, by sending
43 to the office of the clerk of any district court in this state:
44 (1) A letter or other document requesting registration;
45 (2) Two (2) copies, including one (1) certified copy, of the determina-
46 tion sought to be registered, and a statement under penalty of perjury
47 that to the best of the knowledge and belief of the person seeking regis-
48 tration the order has not been modified; and
49 (3) Except as otherwise provided in section 32-11-209, Idaho Code, the
11
1 name and address of the person seeking registration and any parent or per-
2 son acting as a parent who has been awarded custody or visitation in the
3 child custody determination sought to be registered.
4 (b) On receipt of the documents required by subsection (a) of this sec-
5 tion, the registering court shall:
6 (1) Cause the determination to be filed as a foreign judgment, together
7 with one (1) copy of any accompanying documents and information, regard-
8 less of their form; and
9 (2) Serve notice upon the persons named pursuant to subsection (a)(3) of
10 this section and provide them with an opportunity to contest the registra-
11 tion in accordance with this section.
12 (c) The notice required by subsection (b)(2) of this section must state
13 that:
14 (1) A registered determination is enforceable as of the date of the reg-
15 istration in the same manner as a determination issued by a court of this
16 state;
17 (2) A hearing to contest the validity of the registered determination
18 must be requested within twenty (20) days after service of notice; and
19 (3) Failure to contest the registration will result in confirmation of
20 the child custody determination and preclude further contest of that
21 determination with respect to any matter that could have been asserted.
22 (d) A person seeking to contest the validity of a registered order must
23 request a hearing within twenty (20) days after service of the notice. At that
24 hearing, the court shall confirm the registered order unless the person con-
25 testing registration establishes that:
26 (1) The issuing court did not have jurisdiction under part 2 of this
27 chapter;
28 (2) The child custody determination sought to be registered has been
29 vacated, stayed or modified by a court having jurisdiction to do so under
30 part 2 of this chapter; or
31 (3) The person contesting registration was entitled to notice, but notice
32 was not given in accordance with the standards of section 32-11-108, Idaho
33 Code, in the proceedings before the court that issued the order for which
34 registration is sought.
35 (e) If a timely request for a hearing to contest the validity of the reg-
36 istration is not made, the registration is confirmed as a matter of law and
37 the person requesting registration and all persons served must be notified of
38 the confirmation.
39 (f) Confirmation of a registered order, whether by operation of law or
40 after notice and hearing, precludes further contest of the order with respect
41 to any matter that could have been asserted at the time of registration.
42 32-11-306. ENFORCEMENT OF REGISTERED DETERMINATION. (a) A court of this
43 state may grant any relief normally available under the law of this state to
44 enforce a registered child custody determination made by a court of another
45 state.
46 (b) A court of this state shall recognize and enforce, but may not mod-
47 ify, except in accordance with part 2 of this chapter, a registered child cus-
48 tody determination of a court of another state.
49 32-11-307. SIMULTANEOUS PROCEEDINGS. If a proceeding for enforcement under
50 part 3 of this chapter is commenced in a court of this state and the court
51 determines that a proceeding to modify the determination is pending in a court
52 of another state having jurisdiction to modify the determination under part 2
53 of this chapter, the enforcing court shall immediately communicate with the
12
1 modifying court. The proceeding for enforcement continues unless the enforcing
2 court, after consultation with the modifying court, stays or dismisses the
3 proceeding.
4 32-11-308. EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION. (a) A
5 petition under part 3 of this chapter must be verified. Certified copies of
6 all orders sought to be enforced and of any order confirming registration must
7 be attached to the petition. A copy of a certified copy of an order may be
8 attached instead of the original.
9 (b) A petition for enforcement of a child custody determination must
10 state:
11 (1) Whether the court that issued the determination identified the juris-
12 dictional basis it relied upon in exercising jurisdiction and, if so, what
13 the basis was;
14 (2) Whether the determination for which enforcement is sought has been
15 vacated, stayed or modified by a court whose decision must be enforced
16 under this chapter and, if so, identify the court, the case number and the
17 nature of the proceeding;
18 (3) Whether any proceeding has been commenced that could affect the cur-
19 rent proceeding, including proceedings relating to domestic violence, pro-
20 tective orders, termination of parental rights and adoptions and, if so,
21 identify the court, the case number, and the nature of the proceeding;
22 (4) The present physical address of the child and the respondent, if
23 known;
24 (5) Whether relief in addition to the immediate physical custody of the
25 child and attorney's fees is sought, including a request for assistance
26 from law enforcement officials and, if so, the relief sought; and
27 (6) If the child custody determination has been registered and confirmed
28 under section 32-11-305, Idaho Code, the date and place of registration.
29 (c) Upon the filing of a petition, the court shall issue an order direct-
30 ing the respondent to appear in person with or without the child at a hearing
31 and may enter any order necessary to ensure the safety of the parties and the
32 child. The hearing must be held on the next judicial day after service of the
33 order unless that date is impossible. In that event, the court shall hold the
34 hearing on the first judicial day possible. The court may extend the date of
35 hearing at the request of the petitioner.
36 (d) An order issued under subsection (c) of this section must state the
37 time and place of the hearing and advise the respondent that at the hearing
38 the court will order that the petitioner may take immediate physical custody
39 of the child and the payment of fees, costs and expenses under section
40 32-11-312, Idaho Code, and may schedule a hearing to determine whether further
41 relief is appropriate, unless the respondent appears and establishes that:
42 (1) The child custody determination has not been registered and confirmed
43 under section 32-11-305, Idaho Code, and that:
44 (A) The issuing court did not have jurisdiction under part 2 of this
45 chapter;
46 (B) The child custody determination for which enforcement is sought
47 has been vacated, stayed or modified by a court having jurisdiction
48 to do so under part 2 of this chapter;
49 (C) The respondent was entitled to notice, but notice was not given
50 in accordance with the standards of section 32-11-108, Idaho Code, in
51 the proceedings before the court that issued the order for which
52 enforcement is sought; or
53 (2) The child custody determination for which enforcement is sought was
54 registered and confirmed under section 32-11-305, Idaho Code, but has been
13
1 vacated, stayed or modified by a court of a state having jurisdiction to
2 do so under part 2 of this chapter.
3 32-11-309. SERVICE OF PETITION AND ORDER. Except as otherwise provided in
4 section 32-11-311, Idaho Code, the petition and order must be served, by any
5 method authorized by the law of this state, upon respondent and any person who
6 has physical custody of the child.
7 32-11-310. HEARING AND ORDER. (a) Unless the court issues a temporary
8 emergency order pursuant to section 32-11-204, Idaho Code, upon a finding that
9 a petitioner is entitled to immediate physical custody of the child, the court
10 shall order that the petitioner may take immediate physical custody of the
11 child unless the respondent establishes that:
12 (1) The child custody determination has not been registered and confirmed
13 under section 32-11-305, Idaho Code, and that:
14 (A) The issuing court did not have jurisdiction under part 2 of this
15 chapter;
16 (B) The child custody determination for which enforcement is sought
17 has been vacated, stayed or modified by a court of a state having
18 jurisdiction to do so under part 2 of this chapter; or
19 (C) The respondent was entitled to notice, but notice was not given
20 in accordance with the standards of section 32-11-108, Idaho Code, in
21 the proceedings before the court that issued the order for which
22 enforcement is sought; or
23 (2) The child custody determination for which enforcement is sought was
24 registered and confirmed under section 32-11-305, Idaho Code, but has been
25 vacated, stayed or modified by a court of a state having jurisdiction to
26 do so under part 2 of this chapter.
27 (b) The court shall award the fees, costs and expenses authorized under
28 section 32-11-312, Idaho Code, and may grant additional relief, including a
29 request for the assistance of law enforcement officials, and set a further
30 hearing to determine whether additional relief is appropriate.
31 (c) If a party called to testify refuses to answer on the ground that the
32 testimony may be self-incriminating, the court may draw an adverse inference
33 from the refusal.
34 (d) A privilege against disclosure of communications between spouses and
35 a defense of immunity based on the relationship of husband and wife or parent
36 and child may not be invoked in a proceeding under part 3 of this chapter.
37 32-11-311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. (a) Upon the filing
38 of a petition seeking enforcement of a child custody determination, the peti-
39 tioner may file a verified application for the issuance of a warrant to take
40 physical custody of the child if the child is immediately likely to suffer
41 serious physical harm or be removed from this state.
42 (b) If the court, upon the testimony of the petitioner or other witness,
43 finds that the child is imminently likely to suffer serious physical harm or
44 be removed from this state, it may issue a warrant to take physical custody of
45 the child. The petition must be heard on the next judicial day after the war-
46 rant is executed unless that date is impossible. In that event, the court
47 shall hold the hearing on the first judicial day possible. The application for
48 the warrant must include the statements required by section 32-11-308(b),
49 Idaho Code.
50 (c) A warrant to take physical custody of a child must:
51 (1) Recite the facts upon which a conclusion of imminent serious physical
52 harm or removal from the jurisdiction is based;
14
1 (2) Direct law enforcement officers to take physical custody of the child
2 immediately; and
3 (3) Provide for the placement of the child pending final relief.
4 (d) The respondent must be served with the petition, warrant and order
5 immediately after the child is taken into physical custody.
6 (e) A warrant to take physical custody of a child is enforceable through-
7 out this state. If the court finds on the basis of the testimony of the peti-
8 tioner or other witness that a less intrusive remedy is not effective, it may
9 authorize law enforcement officers to enter private property to take physical
10 custody of the child. If required by exigent circumstances of the case, the
11 court may authorize law enforcement officers to make a forcible entry at any
12 hour.
13 (f) The court may impose conditions upon placement of a child to ensure
14 the appearance of the child and the child's custodian.
15 32-11-312. COSTS -- FEES -- EXPENSES. (a) The court shall award the pre-
16 vailing party, including a state, necessary and reasonable expenses incurred
17 by or on behalf of the party, including costs, communication expenses,
18 attorney's fees, investigative fees, expenses for witnesses, travel expenses
19 and child care during the course of the proceedings, unless the party from
20 whom fees or expenses are sought establishes that the award would be clearly
21 inappropriate.
22 (b) The court may not assess fees, costs or expenses against a state
23 unless authorized by law other than this chapter.
24 32-11-313. RECOGNITION AND ENFORCEMENT. A court of this state shall accord
25 full faith and credit to an order issued by another state and consistent with
26 this chapter which enforces a child custody determination by a court of
27 another state unless the order has been vacated, stayed or modified by a court
28 having jurisdiction to do so under part 2 of this chapter.
29 32-11-314. APPEALS. An appeal may be taken from a final order in a pro-
30 ceeding under this chapter. The court shall make every effort to expedite the
31 appeal. Unless the court enters a temporary emergency order under section
32 32-11-204, Idaho Code, the enforcing court may not stay an order enforcing a
33 child custody determination pending appeal.
34 32-11-315. ROLE OF COUNTY PROSECUTING ATTORNEY. (a) In a case arising
35 under this chapter or involving the Hague convention on the civil aspects of
36 international child abduction, the county prosecuting attorney may take any
37 lawful action, including resort to a proceeding under this chapter or any
38 other available civil proceeding to locate a child, obtain the return of a
39 child, or enforce a child custody determination if there is:
40 (1) An existing child custody determination;
41 (2) A request to do so from a court in a pending child custody proceed-
42 ing;
43 (3) A reasonable belief that a criminal statute has been violated; or
44 (4) A reasonable belief that the child has been wrongfully removed or
45 retained in violation of the Hague convention on the civil aspects of
46 international child abduction.
47 (b) The county prosecuting attorney acting under this section acts on
48 behalf of the court and may not represent any party.
49 32-11-316. ROLE OF LAW ENFORCEMENT. At the request of the county prosecut-
50 ing attorney acting under section 32-11-315, Idaho Code, a law enforcement
15
1 officer may take any lawful action reasonably necessary to locate a child or a
2 party and assist the county prosecuting attorney with responsibilities under
3 section 32-11-315, Idaho Code.
4 32-11-317. COSTS AND EXPENSES. If the respondent is not the prevailing
5 party, the court may assess against the respondent all direct expenses and
6 costs incurred by the county prosecuting attorney and law enforcement officers
7 under section 32-11-315 or 32-11-316, Idaho Code.
8 PART 4
9 MISCELLANEOUS PROVISIONS
10 32-11-401. APPLICATION AND CONSTRUCTION. In applying and construing this
11 chapter, otherwise known as the uniform child custody jurisdiction and
12 enforcement act, consideration must be given to the need to promote uniformity
13 of the law with respect to its subject matter among states that enact it.
14 32-11-402. SEVERABILITY CLAUSE. If any provision of this chapter or its
15 application to any person or circumstance is held invalid, the invalidity does
16 not affect other provisions or applications of this chapter which can be given
17 effect without the invalid provision or application, and to this end the pro-
18 visions of this chapter are severable.
19 32-11-403. [RESERVED]
20 32-11-404. [RESERVED]
21 32-11-405. TRANSITIONAL PROVISION. A motion or other request for relief
22 made in a child custody proceeding or to enforce a child custody determination
23 which was commenced before the effective date of this chapter as the uniform
24 child custody jurisdiction and enforcement act is governed by the law in
25 effect at the time the motion or other request was made.
26 SECTION 3. That Section 39-6306, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-6306. HEARING ON PETITION FOR PROTECTION ORDER -- RELIEF PROVIDED AND
29 REALIGNMENT OF DESIGNATION OF PARTIES. (1) Upon filing of a petition based
30 upon a sworn affidavit for a protection order, the court shall hold a hearing
31 to determine whether the relief sought shall be granted within fourteen (14)
32 days. If either party is represented by counsel at a hearing seeking entry of
33 a protection order, the court shall permit a continuance, if requested, of the
34 proceedings so that counsel may be obtained by the other party. If the court
35 finds that it is necessary for both parties to be represented by counsel, the
36 court shall enter appropriate orders to insure that counsel is retained. The
37 order entered may require either the petitioner or respondent, or both, to pay
38 for costs of counsel. Upon a showing that there is an immediate and present
39 danger of domestic violence to the petitioner the court may, if requested,
40 order for a period not to exceed three (3) months that:
41 (a) Temporary custody of the minor children of the petitioner or of the
42 parties be awarded to the petitioner or respondent if exercise of such
43 jurisdiction is consistent with the provisions of section 32-110311-204,
44 Idaho Code, and consistent with prior custody orders entered by a court of
45 competent jurisdiction unless grounds exist pursuant to section 32-717,
46 Idaho Code;
16
1 (b) A party be restrained from committing acts of domestic violence;
2 (c) Exclude the respondent from the dwelling which the parties share or
3 from the residence of the petitioner;
4 (d) The respondent be ordered to participate in treatment or counseling
5 services. The council on domestic violence, in recognition of the particu-
6 lar treatment requirements for batterers, shall develop minimal program
7 and treatment standards to be used as guidelines for recommending approval
8 of batterer programs to the court;
9 (e) Other relief be ordered as the court deems necessary for the protec-
10 tion of a family or household member, including orders or directives to a
11 peace officer, as allowed under this chapter;
12 (f) The respondent be required to pay service fees, and to reimburse the
13 petitioner for costs incurred in bringing the action, including a reason-
14 able attorney's fee;
15 (g) The respondent be restrained from contacting, molesting, interfering
16 with or menacing the minor children whose custody is awarded to the peti-
17 tioner; and/or
18 (h) The respondent be restrained from entering any premises when it
19 appears to the court that such restraint is necessary to prevent the
20 respondent from contacting, molesting, interfering with or menacing the
21 petitioner or the minor children whose custody is awarded to the peti-
22 tioner.
23 (2) Immediate and present danger under this section includes, but is not
24 limited to, situations in which the respondent has recently threatened the
25 petitioner with bodily harm or engaged in domestic violence against the peti-
26 tioner.
27 (3) No order made under this chapter shall in any manner affect title to
28 real property.
29 (4) Relief shall not be denied because petitioner used reasonable force
30 in self-defense against respondent, or because petitioner or respondent was a
31 minor at the time of the incident of domestic violence.
32 (5) Any relief granted by the protection order, other than a judgment for
33 costs, shall be for a fixed period not to exceed three (3) months; provided,
34 that an order obtained pursuant to this chapter may, upon motion and upon good
35 cause shown, be renewed for additional terms not to exceed one (1) year each
36 if the requirements of this chapter are met. The motion to renew an order may
37 be granted without a hearing, if not timely objected to by the party against
38 whom the order was entered.
39 (6) In providing relief under this chapter, the court may realign the
40 designation of the parties as "petitioner" and "respondent" where the court
41 finds that the original petitioner is the abuser and the original respondent
42 is the victim of domestic violence.
43 SECTION 4. This act shall be in full force and effect on and after July
44 1, 2000.
AS1298
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Dunklin
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1298
1 AMENDMENTS TO SECTION 2
2 On page 3 of the printed bill, in line 23, delete "(a)"; and delete lines
3 27 through 31.
STATEMENT OF PURPOSE
RS09412
This bill was drafted by the Uniform Law Commissioners and is
called the Uniform Child Custody Jurisdiction and Enforcement
Act (UCCJEA). Current Idaho Law does not give first priority
to the "home state" of the child in determining which state may
exercise jurisdiction over a child custody dispute. Current law
simply states that a legitimate exercise of jurisdiction must be
honored by any other state until the basis for that exercise of
jurisdiction no longer exists. Under this bill any state that is
not the "home state" of the child will defer to the "homestate,"
if there is one, in taking jurisdiction over a child custody dispute.
Temporary emergency jurisdiction may be taken, but only long
enough to secure the safety of the threatened person and to transfer
the proceeding to the home state, or if none, to a state with another
ground for jurisdiction. The UCCJEA also provides for continuing
exclusive jurisdiction. If a state once takes jurisdiction over a
child custody dispute, it retains Jurisdiction so long as that state,
by its own determination, maintains a significant connection with
the disputants or until all disputants have moved away from that state.
In contrast, current Idaho law allows jurisdiction to shift if the
initial ground for taking jurisdiction ceases to exist. Thus, if
a state takes jurisdiction over a child custody dispute because that
state is the home state of the child, and the child subsequently
establishes a new home state, jurisdiction can shift to the new home
state, even ifone parent remains in the child's original home state.
RS09412 would not allow the jurisdictionto shift in this fashion, keeping
it in the original home state so long as the parent remains there.
The bill also provides rules for temporary emergency jurisdiction and
enforcement of custody and visitation orders.
FISCAL NOTE
None
Contact: Senator Betsy Dunklin
332-1382
Peter Marshall
Idaho Uniform Land Commissioner
331-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1298