reglab/housing_qa huggingface dataset:
13 DE Code § 1927. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter II. Jurisdiction|§ 1927. Jurisdiction declined by reason of conduct.

§ 1927. Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in § 1923 of this title, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:  (1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court of the state otherwise having jurisdiction under §§ 1920-1922 of this title determines that this State is a more appropriate forum under § 1926 of this title; or (3) No court of any other state would have jurisdiction under the criteria specified in §§ 1920-1922 of this title. (b) If a court of this State declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 1920-1922 of this title. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this State unless authorized by law other than this chapter. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1928. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter II. Jurisdiction|§ 1928. Information to be submitted to court.

§ 1928. Information to be submitted to court. (a) Subject to the rules of the court, 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 5 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) of this section 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 paragraphs (a)(1)-(3) of this section 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 has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (e) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1929. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter II. Jurisdiction|§ 1929. Appearance of parties and child.

§ 1929. Appearance of parties and child. (a) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child. (b) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to § 1908 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (d) If a party to a child custody proceeding who is outside this State is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1930. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1930. Definitions.

§ 1930. Definitions. In this subchapter:  (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.73 Del. Laws, c. 426, §  1;
13 DE Code § 1931. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1931. Enforcement under Hague Convention.

§ 1931. Enforcement under Hague Convention. Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1932. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1932. Duty to enforce.

§ 1932. Duty to enforce. (a) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (b) A court of this State may utilize any remedy available under other law of this State to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1933. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1933. Temporary visitation.

§ 1933. Temporary visitation. (a) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:  (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of this State makes an order under paragraph (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter II of this chapter. The order remains in effect until an order is obtained from the other court or the period expires. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1935. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1935. Enforcement of registered determination.

§ 1935. Enforcement of registered determination. (a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state. (b) A court of this State shall recognize and enforce, but may not modify, except in accordance with subchapter II of this chapter, a registered child custody determination of a court of another state. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1936. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1936. Simultaneous proceedings.

§ 1936. Simultaneous proceedings. If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1937. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1937. Expedited enforcement of child custody determination.

§ 1937. Expedited enforcement of child custody determination. (a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child custody determination must state:  (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding, including 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; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate physical custody of the child and attorneys' fees is sought and, if so, the relief sought; and (6) If the child custody determination has been registered and confirmed under § 1934 of this title, the date and place of registration. (c) If the petition seeks emergency relief or expedited scheduling, the provisions of Rule 65.2 of the Family Court Civil Procedure Rules shall apply. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1938. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1938. Service of petition and order.

§ 1938. Service of petition and order. Except as otherwise provided in § 1940 of this title, the petition and order must be served, by any method authorized by law upon respondent and any person who has physical custody of the child. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1939. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1939. Hearing and order.

§ 1939. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:  (1) The child custody determination has not been registered and confirmed under § 1934 of this title and that:  a. The issuing court did not have jurisdiction under subchapter II of this chapter; b. The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter; or c. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 1908 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child custody determination for which enforcement is sought was registered and confirmed under § 1934 of this title but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter. (b) The court shall award the fees, costs and expenses authorized under § 1941 of this title and may grant additional relief and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter. 73 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
13 DE Code § 1940. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1940. Warrant to take physical custody of child.

§ 1940. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this State. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 1937(b) of this title. (c) A warrant to take physical custody of a child must:  (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) Direct law-enforcement officers to take physical custody of the child immediately; and (3) Provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this State. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1941. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1941. Costs, fees and expenses.

§ 1941. Costs, fees and expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1942. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1942. Recognition and enforcement.

§ 1942. Recognition and enforcement. A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II of this chapter. 73 Del. Laws, c. 426, §  1;
13 DE Code § 1943. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 19. Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter III. Enforcement|§ 1943. Appeals.

§ 1943. Appeals. An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 1923 of this title, the enforcing court may not stay an order enforcing a child custody determination pending appeal. 73 Del. Laws, c. 426, §  1;
13 DE Code § 2301. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter I. Definitions and Jurisdiction|§ 2301. Intent and purpose.

§ 2301. Intent and purpose. The General Assembly hereby declares that although the Family Court has jurisdiction to grant guardianship, there does not presently exist any statutory framework for our families, our children and our Family Court judiciary as to the proper procedures and requirements for guardianship in the Family Court. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2302. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter I. Definitions and Jurisdiction|§ 2302. Definitions.

§ 2302. Definitions. For the purposes of this chapter, unless the context indicates differently:  (1) “Abuse” or “abused child” is as defined in § 901 of Title 10. (2) “Adult” means a person who has reached his or her 18th birthday. (3) “Best interests” is as defined in § 722 of this title. (4) “Child” or “children” means persons who have not reached their 18th birthday. (5) “Court” means the Family Court. (6) “Department” or “DSCYF” means the Department of Services for Children, Youth and Their Families. (7) “Dependency” or “dependent child” is as defined in § 901 of Title 10. (8) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families. (9) “Foster parent” means an individual or couple who has been approved by DSCYF or a licensed agency to provide foster care in exchange for foster care payments provided by DSCYF or a licensed agency. (10) “Guardian” means a nonparent or an agency charged with caring for a child during the child's minority. (11) “Guardian ad litem” means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by that individual's appointment shall be a party to the child welfare proceeding. (12) “Neglect” or “neglected child” is as defined in § 901 of Title 10. (13) “Parent” is as defined by § 8-201 of this title. (14) “Parental responsibilities” means the care, support and control of the child in a manner that provides for the child's necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child. (15) “Permanency” means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver. (16) “Relative” shall have the same meaning as used in § 901 of Title 10.73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 136, §§  9-12;  77 Del. Laws, c. 97, §  4;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2303. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter I. Definitions and Jurisdiction|§ 2303. Jurisdiction and venue.

§ 2303. Jurisdiction and venue. (a) The Family Court shall have jurisdiction of proceedings under this chapter to grant, modify and/or terminate guardianship. (b) A petition for guardianship under this chapter may be filed in the Family Court of any of the following counties:  (1) The county in which at least 1 parent resides; (2) The county in which the organization having legal or physical care, custody or control of the child is located; or (3) The county in which the child is located.73 Del. Laws, c. 150, §  1;
13 DE Code § 2320. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2320. Persons eligible to petition for guardianship.

§ 2320. Persons eligible to petition for guardianship. Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child not his, hers or theirs. Unless otherwise specified in this chapter, DSCYF, the Division, a licensed agency, the guardian ad litem or a hospital that has an interest in the health, education or welfare of a child or children may petition the Family Court for a guardianship order so long as the proposed guardian or guardians consent to the appointment. 73 Del. Laws, c. 150, §  1;  70 Del Laws, c. 186,, §  1;  73 Del. Laws, c. 360, §  1;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2321. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2321. Consent by parent.

§ 2321. Consent by parent. Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship. 73 Del. Laws, c. 150, §  1;