An Act To Remove Domestic Court CaSes from the Probate Court' • I < • I
Maine Legislature, Session 124, LD 0376
Sponsors: WAGNER, CRAVEN, BLODGETT, EVES, HAYES, LAJOIE, PEOPLES, PINKHAM
Amends: 4 MRSA §152, 19-A MRSA §1654

FIRST P....EGULAR SESSION=2009 
Legislative Document 
No. 376 
H.P.283 
House of Representatives, Febmary 5, 2009 
An Act To Remove Domestic Court CaSes from the Probate Court' ' 
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Reference to the Committee on' JUdiciary suggested and. ordered printed. 
Presented by Representative WAGNER of Lewiston. 
Cosponsored by Senator CRAVEN of Androscoggin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLODGETT of Augusta, COHE.N of Portland, EVES of North Berwick, 
GILBERT ofJay, HAYES of Buckfield, LAJOIE of Lewiston, PEOPLES of Westbrook, 
PINKHAM of Lexington Township. 
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Printed \\11 n:cyded p:..lper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §152, sub-§U, as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
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affected by §42, is amended to read: 
11. 
Actions for divorce, separation or annulment. 
Original jurisdiction, not 
concurrent with the Superior Court or Probate Court, of actions for divorce, annulment of 
marriage or judicial.separation and proceedings under Title 19-A, except as otherwise 
specifically provided. 
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Actions for divorce, annulment or separation pending in the Superior Court may be 
transferred, upon agreement of the parties, from the Superior Court to the District Court 
lOin accordance with rules adopted by the Supreme Judicial Court. An action so transferred 
remains in the District Court, which has exclusive jurisdiction thereafter, subject to the 
rights of appeal to the Law Court as to matters of law; 
Sec. 2. 4 MRSA §152, sub-§12" as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
affected by §42, is amended to read: 
12. Property matters between spouses. Original jurisdiction, not' concurrent with 
the Superior Court or Probate Court, of actions to hear and determine property matters 
betw~en spouses as provided in Title 19-A, section 806 and to make all necessary orders 
and decrees relating to these matters, to issue all necessary process to enforce the orders 
and decrees and to cause all the orders and decrees to be enforced. This subsection does 
not apply to or affect actions initiated in the Superior Court before the effective date of 
this subsection; 
Sec. 3. 19':"A MRSA §103, as amended by PL 1999,c. 731, Pt. ZZZ,§26 and 
affected by §42, is further amended to read: 
§103. Jurisdiction 
Except as otherwise expressly provided, the District Court has original and exclusive 
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jurisdiction of all actions under this Title. 
8ec. 4. 19:A MRSA §1652, sub-§l, as amended by PL 2001, c. 554, §7, is 
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further amended to read: 
1. Petition. If a parent, spouse or child resides in this State, a parent, a spouse, a 
guardian or a state providing maintenance may petition the District Court· or Probate 
Ge'I:lH to order a nonsupporting parent or spouse to contribute to the support of the 
nonsupporting person's spouse or child .. The petition may be brought in the court in the 
.' district or county where the paren.t, spouse or child resides or in the district or countv in 
which the nonsupporting person may be found. 
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Sec. 5. 19-A MRSA §1654, f"Irst 'TI, as amended by PL 1999, c. 731, Pt. ZZZ, §34 
and affected by §'42', is further amended to read: 
If the father and mother of a minor child are living apart, the Probate Court or District 
Court in the countv or division where either resides, upon complaint of either and after 
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notice to the other as the court may order, may make an order awarding parental rights 
and responsibilities with respect to the child in accordance with this chapter. 
SUMMARY 
The purpose of this bill is to ensure the District Court has exclusive jurisdiction over 
family law actions. 
This bill clarifies that the jurisdiction of the District Court with regard to family 
matters is original and not concurrent with either the Superior Court or the Probate Court. 
This bill amends the general jurisdiction language of the Maine Revised Statutes, 
Title 19-A to provide that the District Court has exclusive jurisdiction over all court 
actions listed in Title 19-A unless expressly provided otherwise. 
This bill deletes the jurisdiction of the Probate Court over actions concerning a 
spouse's or parent's obligation to support the spouse or child. It also eliminates the 
jurisdiction of the Probate Court over parental rights and responsibilities for parents that 
are not married to each other.