reglab/housing_qa huggingface dataset:
NE Code § 43-1243 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1243 - Simultaneous proceedings.

43-1243.  Simultaneous proceedings.(a) Except as otherwise provided in section 43-1241, a court of this state may not exercise its jurisdiction under sections 43-1238 to 43-1247 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act, 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 section 43-1244.(b) Except as otherwise provided in section 43-1241, 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 section 43-1246. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with the act, 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 the act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.(c) 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:(1) 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;(2) enjoin the parties from continuing with the proceeding for enforcement; or(3) proceed with the modification under conditions it considers appropriate.Source Laws 2003, LB 148, § 18. Annotations  Since a child custody proceeding had been commenced in North Dakota, the Nebraska court should have stayed its juvenile proceeding and communicated with the North Dakota court. In re Interest of Kirsten H., 25 Neb. App. 909, 915 N.W.2d 815 (2018). The statutory provision to contact the out-of-state court is not mandatory but merely directory. Garcia v. Rubio, 12 Neb. App. 228, 670 N.W.2d 475 (2003).
NE Code § 43-1245 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1245 - Jurisdiction declined by reason of conduct.

43-1245.  Jurisdiction declined by reason of conduct.(a) Except as otherwise provided in section 43-1241 or by other law of this state, if a court of this state has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act 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 sections 43-1238 to 43-1240 determines that this state is a more appropriate forum under section 43-1244; or(3) no court of any other state would have jurisdiction under the criteria specified in sections 43-1238 to 43-1240.(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 sections 43-1238 to 43-1240.(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 may 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 the act.Source Laws 2003, LB 148, § 20.
NE Code § 43-1246 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1246 - Information to be submitted to court.

43-1246.  Information to be submitted to court.(a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, 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 five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall 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 subdivisions (a)(1) through (a)(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 shall 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.Source Laws 2003, LB 148, § 21.
NE Code § 43-1247 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1247 - Appearance of parties and child.

43-1247.  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 section 43-1233 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.Source Laws 2003, LB 148, § 22.
NE Code § 43-1248 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1248 - Enforcement provisions; terms, defined.

43-1248.  Enforcement provisions; terms, defined.In sections 43-1248 to 43-1264:(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.Source Laws 2003, LB 148, § 23.
NE Code § 43-1249 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1249 - Enforcement under Hague Convention.

43-1249.  Enforcement under Hague Convention.Under sections 43-1248 to 43-1264 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.Source Laws 2003, LB 148, § 24.
NE Code § 43-1250 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1250 - Duty to enforce.

43-1250.  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 the Uniform Child Custody Jurisdiction and Enforcement Act or the determination was made under factual circumstances meeting the jurisdictional standards of the act and the determination has not been modified in accordance with the act.(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 sections 43-1248 to 43-1264 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.Source Laws 2003, LB 148, § 25.
NE Code § 43-1251 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1251 - Temporary visitation.

43-1251.  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 subdivision (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 sections 43-1238 to 43-1247. The order remains in effect until an order is obtained from the other court or the period expires.Source Laws 2003, LB 148, § 26.
NE Code § 43-1253 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1253 - Enforcement of registered determination.

43-1253.  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 sections 43-1238 to 43-1247, a registered child custody determination of a court of another state.Source Laws 2003, LB 148, § 28.
NE Code § 43-1254 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1254 - Simultaneous proceedings.

43-1254.  Simultaneous proceedings.If a proceeding for enforcement under sections 43-1248 to 43-1264 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 sections 43-1238 to 43-1247, 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.Source Laws 2003, LB 148, § 29.
NE Code § 43-1256 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1256 - Service of petition and order.

43-1256.  Service of petition and order.Except as otherwise provided in section 43-1258, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.Source Laws 2003, LB 148, § 31.
NE Code § 43-1257 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1257 - Hearing and order.

43-1257.  Hearing and order.(a) Unless the court issues a temporary emergency order pursuant to section 43-1241, 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 section 43-1252 and that:(A) the issuing court did not have jurisdiction under sections 43-1238 to 43-1247;(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 such sections; or(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 43-1233, 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 section 43-1252 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 43-1238 to 43-1247.(b) The court shall award the fees, costs, and expenses authorized under section 43-1259 and may grant additional relief, including a request for the assistance of law enforcement officials, 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 sections 43-1248 to 43-1264.Source Laws 2003, LB 148, § 32.
NE Code § 43-1258 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1258 - Warrant to take physical custody of child.

43-1258.  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 immediately 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 shall 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 shall include the statements required by subsection (b) of section 43-1255.(c) A warrant to take physical custody of a child shall:(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the state 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 shall 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. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.Source Laws 2003, LB 148, § 33.
NE Code § 43-1259 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1259 - Costs, fees, and expenses.

43-1259.  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, 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 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 the Uniform Child Custody Jurisdiction and Enforcement Act.Source Laws 2003, LB 148, § 34.
NE Code § 43-1260 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1260 - Recognition and enforcement.

43-1260.  Recognition and enforcement.A court of this state shall accord full faith and credit to an order issued by another state and consistent with the Uniform Child Custody Jurisdiction and Enforcement Act 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 sections 43-1238 to 43-1247.Source Laws 2003, LB 148, § 35.
NE Code § 43-1261 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1261 - Appeals.

43-1261.  Appeals.An appeal may be taken from a final order in a proceeding under sections 43-1248 to 43-1264 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 43-1241, the enforcing court may not stay an order enforcing a child custody determination pending appeal.Source Laws 2003, LB 148, § 36.
NE Code § 43-1262 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1262 - Role of county attorney or Attorney General.

43-1262.  Role of county attorney or Attorney General.(a) In a case arising under the Uniform Child Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, a county attorney or the Attorney General may take any lawful action, including resort to a proceeding under sections 43-1248 to 43-1264 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is:(1) an existing child custody determination;(2) a request to do so from a court in a pending child custody proceeding;(3) a reasonable belief that a criminal statute has been violated; or(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.(b) A county attorney or the Attorney General acting under this section acts on behalf of the court and may not represent any party.Source Laws 2003, LB 148, § 37.
NE Code § 43-1263 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1263 - Role of law enforcement.

43-1263.  Role of law enforcement.At the request of a county attorney or the Attorney General acting under section 43-1262, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a county attorney or the Attorney General with responsibilities under such section.Source Laws 2003, LB 148, § 38.
NE Code § 43-1264 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1264 - Costs and expenses.

43-1264.  Costs and expenses.If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by a county attorney or the Attorney General and law enforcement officers under section 43-1262 or 43-1263.Source Laws 2003, LB 148, § 39.
NE Code § 43-1265 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1265 - Application and construction.

43-1265.  Application and construction.In applying and construing the Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.Source Laws 2003, LB 148, § 40.
NE Code § 43-1266 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1266 - Motion or other request under prior law; how treated.

43-1266.  Motion or other request under prior law; how treated.A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before January 1, 2004, is governed by the law in effect at the time the motion or other request was made.Source Laws 2003, LB 148, § 41. Annotations The Uniform Child Custody Jurisdiction and Enforcement Act became operative on January 1, 2004, and establishes that all motions made in a child custody proceeding commenced prior to this date are governed by the prior law in effect at that time. The law governing child custody jurisdiction prior to the effective date of the Uniform Child Custody Jurisdiction and Enforcement Act was the Nebraska Child Custody Jurisdiction Act. Floerchinger v. Floerchinger, 24 Neb. App. 120, 883 N.W.2d 419 (2016).
NE Code § 43-1301.01 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-1301.01 - Entering foster care; determination of time.

43-1301.01.  Entering foster care; determination of time.For the purpose of determining the timing of review hearings, permanency hearings, and other requirements under the Foster Care Review Act, a child is deemed to have entered foster care on the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is sixty days after the date on which the child is removed from the home.Source  Laws 1998, LB 1041, § 35.