reglab/housing_qa huggingface dataset:
MT Code § 40-7-107 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-107. Simultaneous proceedings

  40-7-107. Simultaneous proceedings. (1) Except as otherwise provided in 40-7-204, a court of this state may not exercise its jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and 40-7-201 through 40-7-203 if at the time of commencement of the proceeding a proceeding concerning the custody of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 40-7-108.   (2) Except as otherwise provided in 40-7-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to 40-7-110. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.   (3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:   (a) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;   (b) enjoin the parties from continuing with the proceeding for enforcement; or   (c) proceed with the modification under conditions that it considers appropriate.   History: En. 61-407 by Sec. 7, Ch. 537, L. 1977; R.C.M. 1947, 61-407; amd. Sec. 7, Ch. 91, L. 1999.
MT Code § 40-7-108 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-108. Inconvenient forum

  40-7-108. Inconvenient forum. (1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.   (2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:   (a) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;   (b) the length of time that the child has resided outside this state;   (c) the distance between the court in this state and the court in the state that would assume jurisdiction;   (d) the relative financial circumstances of the parties;   (e) any agreement of the parties as to which state should assume jurisdiction;   (f) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;   (g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and   (h) the familiarity of the court of each state with the facts and issues in the pending litigation.   (3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition that the court considers just and proper.   (4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.   History: En. 61-408 by Sec. 8, Ch. 537, L. 1977; R.C.M. 1947, 61-408; amd. Sec. 8, Ch. 91, L. 1999.
MT Code § 40-7-109 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-109. Jurisdiction declined by reason of conduct

  40-7-109. Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in 40-7-204, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless:   (a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;   (b) a court of the state otherwise having jurisdiction under 40-7-201 through 40-7-203 determines that this state is a more appropriate forum under 40-7-108; or   (c) no other state would have jurisdiction under 40-7-201 through 40-7-203.   (2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1), 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 40-7-201 through 40-7-203.   (3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses, including costs, communication expenses, attorney 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 award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.   History: En. 61-409 by Sec. 9, Ch. 537, L. 1977; R.C.M. 1947, 61-409; amd. Sec. 9, Ch. 91, L. 1999; amd. Sec. 1, Ch. 98, L. 2019.
MT Code § 40-7-110 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-110. Information to be submitted to court

  40-7-110. Information to be submitted to court. (1) 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, 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:   (a) 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 of the proceeding, and the date of the child custody determination, if any;   (b) 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   (c) knows the name and address of any person who is not a party to the proceeding who has physical custody of the child or who claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the party shall provide the names and addresses of those persons.   (2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.   (3) If the declaration as to any of the items described in subsections (1)(a) through (1)(c) 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.   (4) 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.   History: En. 61-410 by Sec. 10, Ch. 537, L. 1977; R.C.M. 1947, 61-410; amd. Sec. 10, Ch. 91, L. 1999.
MT Code § 40-7-111 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-111. Repealed

  40-7-111. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-411 by Sec. 11, Ch. 537, L. 1977; R.C.M. 1947, 61-411.
MT Code § 40-7-112 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-112. Appearance of parties and child

  40-7-112. Appearance of parties and child. (1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally 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 physically with the child.   (2) 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 40-7-106 include a statement directing the party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to the party.   (3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.   (4) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) 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.   History: En. 61-412 by Sec. 12, Ch. 537, L. 1977; R.C.M. 1947, 61-412; amd. Sec. 11, Ch. 91, L. 1999.
MT Code § 40-7-113 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-113. Repealed

  40-7-113. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-413 by Sec. 13, Ch. 537, L. 1977; R.C.M. 1947, 61-413.
MT Code § 40-7-114 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-114. Repealed

  40-7-114. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-414 by Sec. 14, Ch. 537, L. 1977; R.C.M. 1947, 61-414.
MT Code § 40-7-115 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-115. Repealed

  40-7-115. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-415 by Sec. 15, Ch. 537, L. 1977; R.C.M. 1947, 61-415.
MT Code § 40-7-116 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-116. Repealed

  40-7-116. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-416 by Sec. 16, Ch. 537, L. 1977; R.C.M. 1947, 61-416.
MT Code § 40-7-117 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-117. Repealed

  40-7-117. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-417 by Sec. 17, Ch. 537, L. 1977; R.C.M. 1947, 61-417.
MT Code § 40-7-118 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-118. Repealed

  40-7-118. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-418 by Sec. 18, Ch. 537, L. 1977; R.C.M. 1947, 61-418.
MT Code § 40-7-119 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-119. Taking testimony in another state

  40-7-119. Taking testimony in another state. (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.   (2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.   (3) Documentary evidence that is transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.   History: En. 61-419 by Sec. 19, Ch. 537, L. 1977; R.C.M. 1947, 61-419; amd. Sec. 12, Ch. 91, L. 1999.
MT Code § 40-7-120 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-120. Repealed

  40-7-120. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-420 by Sec. 20, Ch. 537, L. 1977; R.C.M. 1947, 61-420.
MT Code § 40-7-121 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-121. Repealed

  40-7-121. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-421 by Sec. 21, Ch. 537, L. 1977; R.C.M. 1947, 61-421.
MT Code § 40-7-122 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-122. Repealed

  40-7-122. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-422 by Sec. 22, Ch. 537, L. 1977; R.C.M. 1947, 61-422.
MT Code § 40-7-123 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-123. Repealed

  40-7-123. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-423 by Sec. 23, Ch. 537, L. 1977; R.C.M. 1947, 61-423.
MT Code § 40-7-124 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-124. Repealed

  40-7-124. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-424 by Sec. 24, Ch. 537, L. 1977; R.C.M. 1947, 61-424.
MT Code § 40-7-125 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-125. Priority

  40-7-125. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.   History: En. 61-425 by Sec. 25, Ch. 537, L. 1977; R.C.M. 1947, 61-425; amd. Sec. 13, Ch. 91, L. 1999.
MT Code § 40-7-126 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-126. through 40-7-133 reserved

  40-7-126 through 40-7-133 reserved.
MT Code § 40-7-134 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-134. Proceedings governed by other law

  40-7-134. Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.   History: En. Sec. 14, Ch. 91, L. 1999.
MT Code § 40-7-135 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-135. Application to Indian tribes

  40-7-135. Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.   (2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.   (3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.   History: En. Sec. 15, Ch. 91, L. 1999.
MT Code § 40-7-136 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-136. International application

  40-7-136. International application. (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.   (2) A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.   (3) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.   History: En. Sec. 16, Ch. 91, L. 1999.
MT Code § 40-7-137 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-137. Binding force of child custody determination

  40-7-137. Binding force of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with 40-7-106 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent that the determination is modified.   History: En. Sec. 17, Ch. 91, L. 1999.
MT Code § 40-7-138 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-138. Appearance and limited immunity

  40-7-138. Appearance and limited immunity. (1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and who is a responding party under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, a party in a proceeding to modify a child custody determination under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, or a petitioner in a proceeding to enforce or register a child custody determination under part 3 of this chapter may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose.   (2) A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this chapter. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, service of process allowable under the laws of that state may be accomplished in this state.   (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.   History: En. Sec. 18, Ch. 91, L. 1999.
MT Code § 40-7-139 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-139. Communication between courts

  40-7-139. Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.   (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.   (3) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.   (4) Except as otherwise provided in subsection (3), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.   (5) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts, an electronic recording of a telephone call, a memorandum or an electronic record of the communication between the courts, or a memorandum or an electronic record made by a court after the communication.   History: En. Sec. 19, Ch. 91, L. 1999.