reglab/housing_qa huggingface dataset:
ID Code § 32-11-203 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-203 - JURISDICTION TO MODIFY DETERMINATION.

32-11-203. JURISDICTION TO MODIFY DETERMINATION. Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 32-11-201(a)(1) or (2), Idaho Code, and: (a) The court of the other state determines it no longer has exclusive, continuing jurisdiction under section 32-11-202, Idaho Code, or that a court of this state would be a more convenient forum under section 32-11-207, Idaho Code; or (b) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.  History: [32-11-203, added 2000, ch. 227, sec. 2, p. 629.]
ID Code § 32-11-204 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-204 - TEMPORARY EMERGENCY JURISDICTION.

32-11-204. TEMPORARY EMERGENCY JURISDICTION. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 32-11-201 through 32-11-203, Idaho Code. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 32-11-201 through 32-11-203, Idaho Code, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 32-11-201 through 32-11-203, Idaho Code, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.  History: [32-11-204, added 2000, ch. 227, sec. 2, p. 629.]
ID Code § 32-11-205 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-205 - NOTICE — OPPORTUNITY TO BE HEARD — JOINDER.

32-11-205. NOTICE — OPPORTUNITY TO BE HEARD — JOINDER. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 32-11-108, Idaho Code, must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.  History: [32-11-205, added 2000, ch. 227, sec. 2, p. 630.]
ID Code § 32-11-206 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-206 - SIMULTANEOUS PROCEEDINGS.

32-11-206. SIMULTANEOUS PROCEEDINGS. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state may not exercise its jurisdiction under part 2 of this chapter 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 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 section 32-11-207, Idaho Code. (b) Except as otherwise provided in section 32-11-204, Idaho Code, 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 32-11-209, Idaho Code. If the court determines that a child custody proceeding has been 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. (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.  History: [32-11-206, added 2000, ch. 227, sec. 2, p. 630.]
ID Code § 32-11-207 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-207 - INCONVENIENT FORUM.

32-11-207. INCONVENIENT FORUM. (a) A court of this state which 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 motion of a party, the court’s own motion or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) The length of time the child has resided outside this state; (3) The distance between the court in this state and the court in the state that would assume jurisdiction; (4) The relative financial circumstances of the parties; (5) Any agreement of the parties as to which state should assume jurisdiction; (6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) The familiarity of the court of each state with the facts and issues in the pending litigation. (c) 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 the court considers just and proper. (d) 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: [32-11-207, added 2000, ch. 227, sec. 2, p. 631.]
ID Code § 32-11-208 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-208 - JURISDICTION DECLINED BY REASON OF CONDUCT.

32-11-208. JURISDICTION DECLINED BY REASON OF CONDUCT. (a) Except as otherwise provided in section 32-11-204, Idaho Code, or by other law of this state, 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 sections 32-11-201 through 32-11-203, Idaho Code, determines that this state is a more appropriate forum under section 32-11-207, Idaho Code; or (3) No court of any other state would have jurisdiction under the criteria specified in sections 32-11-201 through 32-11-203, Idaho Code. (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 32-11-201 through 32-11-203, Idaho Code. (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.  History: [32-11-208, added 2000, ch. 227, sec. 2, p. 632.]
ID Code § 32-11-209 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-209 - INFORMATION TO BE SUBMITTED TO COURT.

32-11-209. INFORMATION TO BE SUBMITTED TO COURT. (a) 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 (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 subsections (a)(1) through (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.  History: [32-11-209, added 2000, ch. 227, sec. 2, p. 632.]
ID Code § 32-11-210 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 2 - JURISDICTION|Section 32-11-210 - APPEARANCE OF PARTIES AND CHILD.

32-11-210. 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 32-11-108, Idaho Code, 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.  History: [32-11-210, added 2000, ch. 227, sec. 2, p. 633.]
ID Code § 32-11-302 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-302 - ENFORCEMENT UNDER HAGUE CONVENTION.

32-11-302. ENFORCEMENT UNDER HAGUE CONVENTION. Under this chapter 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.  History: [32-11-302, added 2000, ch. 227, sec. 2, p. 634.]
ID Code § 32-11-303 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-303 - DUTY TO ENFORCE.

32-11-303. 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 part 3 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.  History: [32-11-303, added 2000, ch. 227, sec. 2, p. 634.]
ID Code § 32-11-304 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-304 - TEMPORARY VISITATION.

32-11-304. 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 subsection (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 part 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.  History: [32-11-304, added 2000, ch. 227, sec. 2, p. 634.]
ID Code § 32-11-306 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-306 - ENFORCEMENT OF REGISTERED DETERMINATION.

32-11-306. 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 part 2 of this chapter, a registered child custody determination of a court of another state.  History: [32-11-306, added 2000, ch. 227, sec. 2, p. 635.]
ID Code § 32-11-307 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-307 - SIMULTANEOUS PROCEEDINGS.

32-11-307. SIMULTANEOUS PROCEEDINGS. If a proceeding for enforcement under part 3 of this chapter 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 part 2 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.  History: [32-11-307, added 2000, ch. 227, sec. 2, p. 635.]
ID Code § 32-11-309 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-309 - SERVICE OF PETITION AND ORDER.

32-11-309. SERVICE OF PETITION AND ORDER. Except as otherwise provided in section 32-11-311, Idaho Code, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.  History: [32-11-309, added 2000, ch. 227, sec. 2, p. 637.]
ID Code § 32-11-310 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT|Part 3 - ENFORCEMENT|Section 32-11-310 - HEARING AND ORDER.

32-11-310. HEARING AND ORDER. (a) Unless the court issues a temporary emergency order pursuant to section 32-11-204, Idaho Code, 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 32-11-305, Idaho Code, and that: (A) The issuing court did not have jurisdiction under part 2 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 part 2 of this chapter; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 32-11-108, Idaho Code, 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 32-11-305, Idaho Code, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 2 of this chapter. (b) The court shall award the fees, costs and expenses authorized under section 32-11-312, Idaho Code, 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 part 3 of this chapter.  History: [32-11-310, added 2000, ch. 227, sec. 2, p. 637.]