reglab/housing_qa huggingface dataset:
NM Stat § 40-10A-203 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 2 - JURISDICTION|Section 40-10A-203 - Jurisdiction to modify determination.

Except as otherwise provided in Section 204, 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 201(a)(1) or (2) and: (1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 202 or that a court of this state would be a more convenient forum under Section 207; or (2) 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: Laws 2001, ch. 114, § 203. ANNOTATIONSLimitation on court authority. — Under both 28 U.S.C. § 1738A(f) of the federal Parental Kidnapping Prevention Act and 40-10-15A NMSA 1978 (now see this section), the children's court lacks the authority to modify another state's custody decree unless the other court no longer has jurisdiction or has declined to exercise jurisdiction to modify its custody decree. State ex rel. Dep't of Human Servs. v. Avinger, 1985-NMCA-097, 104 N.M. 355, 721 P.2d 781, aff'd, 1986-NMSC-032, 104 N.M. 255, 720 P.2d 290. Section 40-10-15A NMSA 1978 (now see 32A-1-108 NMSA 1978) limits the court's exercise of jurisdiction in a "neglected child" proceeding brought under 32-1-9(A) NMSA 1978 (now 32A-1-8 NMSA 1978) where that proceeding could result in the modification of another state's custody decree where the other state has not given up jurisdiction. State ex rel. Dep't of Human Servs. v. Avinger, 1986-NMSC-032, 104 N.M. 255, 720 P.2d 290. Federal Parental Kidnapping Prevention Act 28 U.S.C. § 1738A has supremacy over state law. Serna v. Salazar, 1982-NMSC-117, 98 N.M. 648, 651 P.2d 1292. Compliance with jurisdictional prerequisites. — The New Mexico statute requires compliance with only one of four prerequisites in 40-10-4 NMSA 1978 (now see 40-10A-203 NMSA 1978) to satisfy the jurisdictional requirement. Olsen v. Olsen, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288; Serna v. Salazar, 1982-NMSC-117, 98 N.M. 648, 651 P.2d 1292. Law reviews. — For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — Right to attorneys' fees in proceeding, after absolute divorce, for modification of child custody or support order, 57 A.L.R.4th 710.
NM Stat § 40-10A-204 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 2 - JURISDICTION|Section 40-10A-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 the Uniform Child-Custody Jurisdiction and Enforcement Act and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 201 through 203, 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 201 through 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 201 through 203, 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 the Uniform Child-Custody Jurisdiction and Enforcement Act, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under Sections 201 through 203, 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 201 through 203. 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 201 through 203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 201 through 203, 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: Laws 2001, ch. 114, § 204. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Appealability of interlocutory or pendente lite order for temporary child custody, 82 A.L.R.5th 389.
NM Stat § 40-10A-209 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 2 - JURISDICTION|Section 40-10A-209 - 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 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) 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 subsection (a)(1) through (3) 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. History: Laws 2001, ch. 114, § 209. ANNOTATIONS
NM Stat § 40-10A-210 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 2 - JURISDICTION|Section 40-10A-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 108 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) 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: Laws 2001, ch. 114, § 210. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.
NM Stat § 40-10A-301 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-301 - Definitions.

As used in Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act: (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; and (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. History: Laws 2001, ch. 114, § 301. ANNOTATIONS
NM Stat § 40-10A-302 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-302 - Enforcement under Hague Convention.

Under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. History: Laws 2001, ch. 114, § 302. ANNOTATIONSCross references. — For the Hague Convention on the Civil Aspects of International Child Abduction, see the International Agreements Volume of the United States Code Service and 42 U.S.C. § 11601 et seq.
NM Stat § 40-10A-303 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-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 the Uniform Child-Custody Jurisdiction and Enforcement Act or if the determination was made under factual circumstances meeting the jurisdictional standards of that act and the determination has not been modified in accordance with that 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 Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. (c) A court of this state may enforce a custody determination made pursuant to Sections 201 and 203 until it is modified by a court having jurisdiction pursuant to Sections 201 and 203. History: Laws 2001, ch. 114, § 303. ANNOTATIONS
NM Stat § 40-10A-304 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-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), 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 Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. The order remains in effect until an order is obtained from the other court or the period expires. History: Laws 2001, ch. 114, § 304. ANNOTATIONS
NM Stat § 40-10A-306 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-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 Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act, a registered child-custody determination of a court of another state. History: Laws 2001, ch. 114, § 306. ANNOTATIONSLaw reviews. — For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act (now see the Uniform Child-Custody Jurisdiction and Enforcement Act); State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).
NM Stat § 40-10A-307 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-307 - Simultaneous proceedings.

If a proceeding for enforcement under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act 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 Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act, 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: Laws 2001, ch. 114, § 307. ANNOTATIONS
NM Stat § 40-10A-309 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-309 - Service of petition and order.

Except as otherwise provided in Section 311, the petition and order must 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. History: Laws 2001, ch. 114, § 309. ANNOTATIONS
NM Stat § 40-10A-310 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-310 - Hearing and order.

(a) Unless the court issues a temporary emergency order pursuant to Section 204, 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 305 and that: (A) the issuing court did not have jurisdiction under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act; (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 Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 108 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 305 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. (b) The court shall award the fees, costs and expenses authorized under Section 312 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 Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act. History: Laws 2001, ch. 114, § 310. ANNOTATIONS
NM Stat § 40-10A-311 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-311 - 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 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 Section 308(b). (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. 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. History: Laws 2001, ch. 114, § 311. ANNOTATIONS
NM Stat § 40-10A-312 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-312 - 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 expenses 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. History: Laws 2001, ch. 114, § 312. ANNOTATIONS
NM Stat § 40-10A-313 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-313 - 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 Article 2 of that act. History: Laws 2001, ch. 114, § 313. ANNOTATIONSLaw reviews. — For Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987). For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — Recognition and enforcement of out-of-state custody decree under § 13 of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(a), 40 A.L.R.5th 227. Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 U.S.C.A. §§ 1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree rendered by second state, 78 A.L.R.5th 465.
NM Stat § 40-10A-314 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 3 - ENFORCEMENT|Section 40-10A-314 - Appeals.

An appeal may be taken from a final order in a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal. History: Laws 2001, ch. 114, § 314. ANNOTATIONS