reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1006 - LEGITIMATION OF ISSUE BY MARRIAGE.

32-1006. LEGITIMATION OF ISSUE BY MARRIAGE. A child born before wedlock becomes legitimate by the subsequent marriage of its parents.
History:
[(32-1006) 1876, p. 24, sec. 21; R.S., sec. 2535; reen. R.C. & C.L., sec. 2699; C.S., sec. 4680; I.C.A., sec. 31-1006.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1007 - RIGHTS OF PARENTS OVER CHILDREN.

32-1007. RIGHTS OF PARENTS OVER CHILDREN. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child’s custody, services and earnings.
History:
[(32-1007) R.C., sec. 2699a, as added by 1915, ch. 120, sec. 1, p. 265; compiled and reen. C.L., sec. 2699a; C.S., sec. 4681; I.C.A., sec. 31-1007.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1009 - PATERNITY FRAUD — CHILD SUPPORT RESTITUTION.

32-1009. PATERNITY FRAUD — CHILD SUPPORT RESTITUTION. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. The obligor shall file the motion to vacate the order within two (2) years of discovery of evidence that he is not the biological father of the child. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.
History:
[32-1009, added 2004, ch. 274, sec. 1, p. 764.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1010 - IDAHO PARENTAL RIGHTS ACT.

32-1010. IDAHO PARENTAL RIGHTS ACT. (1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act."
(2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States.
(3) The interests of the parents include the high duty and right to nurture and direct their children’s destiny, including their upbringing and education.
(4) The state of Idaho has independent authority to protect its parents’ fundamental right to nurture and direct their children’s destiny, upbringing and education.
(5) The protections and rights recognized in sections 32-1011 through 32-1014, Idaho Code, are rooted in the due process of law guaranteed pursuant to section 13, article I, of the constitution of the state of Idaho.
(6) Governmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section 32-1013, Idaho Code.
(7) Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations.
(8) The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act.
History:
[32-1010, added 2015, ch. 219, sec. 1, p. 681; am. 2021, ch. 286, sec. 1, p. 860.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1011 - PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN.

32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.
History:
[32-1011, added 2015, ch. 219, sec. 2, p. 681.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1012 - PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN.

32-1012. PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right and duty to make decisions concerning their education, including the right to cause the child to be educated in any manner authorized under section 33-202, Idaho Code, and section 9, article IX, of the constitution of the state of Idaho.
History:
[32-1012, added 2015, ch. 219, sec. 3, p. 681.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1013 - INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED.

32-1013. INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED. (1) Neither the state of Idaho, nor any political subdivision thereof, may violate a parent’s fundamental and established rights protected by this act, and any restriction of or interference with such rights shall not be upheld unless it demonstrates by clear and convincing evidence that the restriction or interference is both:
(a) Essential to further a compelling governmental interest; and
(b) The least restrictive means available for the furthering of that compelling governmental interest.
(2) The foregoing principles apply to any interference whether now existing or hereafter enacted.
(3) Nothing in this act shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16, Idaho Code, or modify the burden of proof at any stage of proceedings under the child protective act.
(4) When a parent’s fundamental rights protected by this act are violated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental entity.
(5) If a parent prevails in a civil action against the state, or a political subdivision thereof, as provided in subsection (4) of this section, the parent is entitled to reasonable attorney’s fees and costs.
History:
[32-1013, added 2015, ch. 219, sec. 4, p. 681.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1014 - EMERGENCY ORDER NOT JUSTIFICATION TO INTERFERE WITH PARENTAL RIGHTS.

32-1014. EMERGENCY ORDER NOT JUSTIFICATION TO INTERFERE WITH PARENTAL RIGHTS. At no time shall the existence of any order, proclamation, or declaration issued pursuant to chapter 6 or 10, title 46, Idaho Code, be considered essential to further a compelling governmental interest to justify:
(1) Forced medical action on a child;
(2) Forced removal of a child from the home; or
(3) The violation of or interference with a parent’s fundamental and established rights protected by the Idaho parental rights act.
History:
[32-1014, added 2021, ch. 286, sec. 2, p. 861.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-101 - SHORT TITLE.

32-11-101. SHORT TITLE. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
History:
[32-11-101, added 2000, ch. 227, sec. 2, p. 624.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-103 - PROCEEDINGS GOVERNED BY OTHER LAW.

32-11-103. 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:
[32-11-103, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-104 - APPLICATION TO INDIAN TRIBES.

32-11-104. APPLICATION TO INDIAN TRIBES. 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.
History:
[32-11-104, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-105 - INTERNATIONAL APPLICATION OF CHAPTER.

32-11-105. INTERNATIONAL APPLICATION OF CHAPTER. (a) 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 parts 1 and 2 of this chapter.
(b) Except as otherwise provided in subsection (c) of this section, 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.
(c) 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:
[32-11-105, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-106 - EFFECT OF CHILD CUSTODY DETERMINATION.

32-11-106. EFFECT 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 section 32-11-108, Idaho Code, 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 the determination is modified.
History:
[32-11-106, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-107 - PRIORITY.

32-11-107. 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:
[32-11-107, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-108 - NOTICE TO PERSONS OUTSIDE STATE.

32-11-108. NOTICE TO PERSONS OUTSIDE STATE. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History:
[32-11-108, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-109 - APPEARANCE AND LIMITED IMMUNITY.

32-11-109. APPEARANCE AND LIMITED IMMUNITY. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) of 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:
[32-11-109, added 2000, ch. 227, sec. 2, p. 626.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-110 - COMMUNICATION BETWEEN COURTS.

32-11-110. COMMUNICATION BETWEEN COURTS. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) 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.
(c) 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.
(d) Except as otherwise provided in subsection (c) of this section, 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.
(e) 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.
History:
[32-11-110, added 2000, ch. 227, sec. 2, p. 627.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-111 - TAKING TESTIMONY IN ANOTHER STATE.

32-11-111. TAKING TESTIMONY IN ANOTHER STATE. (a) 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.
(b) 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.
(c) Documentary evidence 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:
[32-11-111, added 2000, ch. 227, sec. 2, p. 627.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 1 - GENERAL PROVISIONS › Section 32-11-112 - COOPERATION BETWEEN COURTS — PRESERVATION OF RECORDS.

32-11-112. COOPERATION BETWEEN COURTS — PRESERVATION OF RECORDS. (a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
History:
[32-11-112, added 2000, ch. 227, sec. 2, p. 628.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 2 - JURISDICTION › Section 32-11-201 - INITIAL CHILD CUSTODY JURISDICTION.

32-11-201. INITIAL CHILD CUSTODY JURISDICTION. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 32-11-207 or 32-11-208, Idaho Code, and:
(A) The child and the child’s parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B) Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 32-11-207 or 32-11-208, Idaho Code; or
(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3) of this subsection.
(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
History:
[32-11-201, added 2000, ch. 227, sec. 2, p. 628.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 2 - JURISDICTION › Section 32-11-202 - EXCLUSIVE, CONTINUING JURISDICTION.

32-11-202. EXCLUSIVE, CONTINUING JURISDICTION. (a) Except as otherwise provided in section 32-11-204, Idaho Code, a court of this state which has made a child custody determination consistent with section 32-11-201 or 32-11-203, Idaho Code, has exclusive, continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 32-11-201, Idaho Code.
History:
[32-11-202, added 2000, ch. 227, sec. 2, p. 629.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-311 - WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.

32-11-311. 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 32-11-308(b), Idaho Code.
(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:
[32-11-311, added 2000, ch. 227, sec. 2, p. 638.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-312 - COSTS — FEES — EXPENSES.

32-11-312. COSTS — FEES — 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 this chapter.
History:
[32-11-312, added 2000, ch. 227, sec. 2, p. 638.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-313 - RECOGNITION AND ENFORCEMENT.

32-11-313. RECOGNITION AND ENFORCEMENT. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under part 2 of this chapter.
History:
[32-11-313, added 2000, ch. 227, sec. 2, p. 638.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-314 - APPEALS.

32-11-314. APPEALS. An appeal may be taken from a final order in a proceeding under this chapter. The court shall make every effort to expedite the appeal. Unless the court enters a temporary emergency order under section 32-11-204, Idaho Code, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
History:
[32-11-314, added 2000, ch. 227, sec. 2, p. 638.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-315 - ROLE OF COUNTY PROSECUTING ATTORNEY.

32-11-315. ROLE OF COUNTY PROSECUTING ATTORNEY. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under this chapter 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) The county prosecuting attorney acting under this section acts on behalf of the court and may not represent any party.
History:
[32-11-315, added 2000, ch. 227, sec. 2, p. 639.]