reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 544 of 2008 - Children's Advocacy Center Act (722.1041 - 722.1044) › Section 722.1044 - Expenditures; Limitation; Annual Audit and Report.

722.1044 Expenditures; limitation; annual audit and report.
Sec. 4.
(1) Money shall not be expended from the fund for the first year after the effective date of this act. Beginning 2 years after the effective date of this act, the board may expend money from the fund as appropriated. Money in the fund shall be expended only as follows:
(a) To provide investigative, assessment, counseling, support, and educational services to victims of child sexual abuse and their families through children's advocacy centers.
(b) To pay the actual and reasonable operating costs of children's advocacy centers.
(c) To provide training related to child sexual abuse for personnel employed or otherwise retained by children's advocacy centers.
(d) To improve the detection, investigation, treatment, and prevention of child sexual abuse through the coordinated activities of children's advocacy centers, medical care providers, crime victim organizations, and local, state, and federal law enforcement officials.
(e) To improve public awareness of child sexual abuse through the use of children's advocacy centers.
(f) To pay the actual and reasonable costs of administering the fund. Not more than 10% of distributions made in any fiscal year shall be used to pay administrative costs under this subdivision.
(2) The board shall require an annual audit of income and expenditures under this section and shall provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives by February 1 of each year.
History:
2008, Act 544, Eff. Apr. 1, 2009
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1051 - Short Title.

722.1051 Short title.
Sec. 1.
This act shall be known and may be cited as the "children's product safety act".
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1052 - Definitions.

722.1052 Definitions.
Sec. 2.
As used in this act:
(a) "Child" means an individual less than 18 years old.
(b) "Child care facility" means a child care center, child care organization, or child caring institution as defined in section 1 of 1973 PA 116, MCL 722.111.
(c) "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, or infant swing that is designed or intended to come into contact with the child while the product is used. Notwithstanding any other provision of this section, a product is not a "children's product" for purposes of this act if either of the following applies:
(i) It may be used by or for the care of a child under 6 years old, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by a child or for the care of a child.
(ii) It is a medication, drug, or food or is intended to be ingested.
(d) "CPSC" means the consumer product safety commission created by the consumer product safety act, Public Law 92-573, 86 Stat. 1207.
(e) "Commercial user" means a person who deals in children's products or who holds himself or herself out as having knowledge or skill relating to children's products, or a person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products.
(f) "Crib" means a bed or containment designed to accommodate an infant.
(g) "Department" means the department of consumer and industry services.
(h) "Full-size crib" means a full-size crib as defined in section 1508.3 of title 16 of the code of federal regulations regarding the requirements for full-size cribs.
(i) "Non-full-size crib" means a non-full-size crib as defined in section 1509.2 of title 16 of the code of federal regulations regarding the requirements for non-full-size cribs.
(j) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1055 - Unsafe Children's Product; Placement in Stream of Commerce Prohibited.

722.1055 Unsafe children's product; placement in stream of commerce prohibited.
Sec. 5.
A commercial user shall not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2001, an unsafe children's product.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1056 - Unsafe Children's Product; Criteria; Crib; Retrofit; Notice; Compliance.

722.1056 Unsafe children's product; criteria; crib; retrofit; notice; compliance.
Sec. 6.
(1) A children's product is unsafe for purposes of this act if it meets 1 or more of the following criteria:
(a) The children's product does not conform to all federal laws and regulations setting forth standards for the children's product.
(b) The children's product has been recalled for any reason by a federal agency, the product's manufacturer, distributor, or importer; the recall has not been rescinded; and the children's product has been listed by the CPSC as a recalled product.
(c) A federal agency has issued a warning that a specific children's product's intended use constitutes a safety hazard and the warning has not been rescinded.
(2) For the purposes of this act, a crib is unsafe if it does not conform to the standards endorsed or established by the CPSC.
(3) An unsafe children's product, as determined under subsection (2), may be retrofitted if the retrofit has been approved by the federal agency issuing the recall or warning or the federal agency responsible for approving the retrofit if it is different from the federal agency issuing the recall or warning. A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use. The notice shall include all of the following:
(a) A description of the original problem that made the recalled children's product unsafe.
(b) A description of the retrofit that explains how the original problem was eliminated and declaring that it is now safe to use.
(c) The name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the product retrofitted. The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.
(4) A retrofit does not need to comply with this act if either of the following applies:
(a) The retrofit is for a children's product that requires assembly by the consumer, the approved retrofit is provided with the product by the commercial user, and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit.
(b) The seller of a previously unsold children's product accomplishes the repair prior to sale and the repair is approved or recommended by a federal agency.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1060 - List of Unsafe Children's Products; Maintenance; Availability; Providing List to Inspectors of Child Care Facility and Persons Providing Child Care.

722.1060 List of unsafe children's products; maintenance; availability; providing list to inspectors of child care facility and persons providing child care.
Sec. 10.
(1) The department shall maintain a comprehensive list of children's products that have been identified as meeting any of the criteria set forth in sections 5 and 6. The department shall make the comprehensive list available to the public at no cost and shall post it on the internet and encourage links.
(2) The department shall provide a copy of the list of unsafe children's products to any individual required by the department to inspect a child care facility for the purpose of issuing or renewing a license or certificate of registration.
(3) The department may work with the family independence agency to provide a copy of the list of unsafe children's products to each person providing child care.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1061 - Commercial User; Sale of Recalled Product; Exception.

722.1061 Commercial user; sale of recalled product; exception.
Sec. 11.
A commercial user is not in violation of this act if the specific recalled product sold was not on the department's list 30 days before the sale.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1065 - Child Care Facility; Prohibition; Exception; Notice; Posting List; Determination by Operator of Facility.

722.1065 Child care facility; prohibition; exception; notice; posting list; determination by operator of facility.
Sec. 15.
(1) A child care facility may not use or have on the premises, on or after July 1, 2001, an unsafe children's product. This section does not apply to an antique or collectible children's product if it is not used by, or accessible to, a child in the child care facility.
(2) The department shall notify child care facilities, on an ongoing basis, of the provisions of this act and of unsafe children's products in plain, nontechnical language that enables each child care facility to effectively inspect children's products and identify unsafe children's products.
(3) The operator of a child care facility shall conspicuously post on the premises an updated copy of the list of recalled children's products provided by the department.
(4) The operator of a child care facility may use information provided by the CPSC to determine if a children's product is a recalled product for the purposes of this act.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1070 - Revocation or Refusal to Renew or Issue Facility License or Registration.

722.1070 Revocation or refusal to renew or issue facility license or registration.
Sec. 20.
The department may revoke or refuse to renew the license or certificate of registration of a child care facility or refuse to issue a license or certificate of registration if the licensee, registrant, or applicant does not comply with a section of this act.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1075 - Violation by Commercial User as Misdemeanor; Penalty.

722.1075 Violation by commercial user as misdemeanor; penalty.
Sec. 25.
A commercial user who willfully and knowingly violates section 5 is guilty of a misdemeanor punishable by a fine of not more than $100.00 or by imprisonment for not more than 90 days, or both.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1080 - Enforcement Action; Jurisdiction.

722.1080 Enforcement action; jurisdiction.
Sec. 30.
The attorney general or prosecuting attorney in the county in which a violation of this act occurred may bring an action in a court of competent jurisdiction to enforce the provisions of this act.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 219 of 2000 - Children's Product Safety Act (722.1051 - 722.1085) › Section 722.1085 - Additional Remedies.

722.1085 Additional remedies.
Sec. 35.
Remedies available under this act are in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
History:
2000, Act 219, Imd. Eff. June 27, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1101 - Short Title.

722.1101 Short title.
Sec. 101.
This act shall be known and may be cited as the "uniform child-custody jurisdiction and enforcement act".
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1103 - Scope of Act; Limitation.

722.1103 Scope of act; limitation.
Sec. 103.
This act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1104 - Proceeding Pertaining to Indian Child.

722.1104 Proceeding pertaining to Indian child.
Sec. 104.
(1) A child-custody proceeding that pertains to an Indian child as defined in the Indian child welfare act of 1978, Public Law 95-608, 25 U.S.C. 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952, and 1961 to 1963, is not subject to this act to the extent that the proceeding is governed by the Indian child welfare act of 1978, Public Law 95-608, 25 U.S.C. 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952, and 1961 to 1963.
(2) A court of this state shall treat a tribe as a state of the United States for the purposes of articles 1 and 2.
(3) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under article 3.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1105 - Child-Custody Law or Determination of Foreign Country.

722.1105 Child-custody law or determination of foreign country.
Sec. 105.
(1) A court of this state shall treat a foreign country as a state of the United States for the purposes of applying articles 1 and 2.
(2) Except as otherwise provided in subsection (3), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under article 3.
(3) A court of this state need not apply this act if the child-custody law of a foreign country violates fundamental principles of human rights.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1106 - Child-Custody Determination of This State.

722.1106 Child-custody determination of this state.
Sec. 106.
A child-custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 108 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 child-custody determination is conclusive as to all decided issues of law and fact except to the extent the child-custody determination is modified.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1107 - Jurisdiction; Question; Priority.

722.1107 Jurisdiction; question; priority.
Sec. 107.
If a question of existence or exercise of jurisdiction under this act is raised in a child-custody proceeding, upon request of a party, the question must be given priority on the court calendar and handled expeditiously.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1108 - Notice; Manner; Proof of Service; Notice Not Required.

722.1108 Notice; manner; proof of service; notice not required.
Sec. 108.
(1) 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.
(2) 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.
(3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1109 - Personal Jurisdiction.

722.1109 Personal jurisdiction.
Sec. 109.
(1) A party to a child-custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under article 2, a party in a proceeding to modify a child-custody determination under article 2, or a petitioner in a proceeding to enforce or register a child-custody determination under article 3 may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose.
(2) A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this act. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, service of process allowable under the law of that state may be accomplished in this state.
(3) The immunity granted by subsection (1) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this act committed by an individual while present in this state.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1110 - Communication Between States; Participation of Parties; “Record” Defined.

722.1110 Communication between states; participation of parties; “record” defined.
Sec. 110.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this act.
(2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(3) A communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of that communication.
(4) Except as provided in subsection (3), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(5) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Record includes each of the following:
(a) Notes or transcripts of a court reporter who listened to a conference call between the courts.
(b) An electronic recording of a telephone call.
(c) A memorandum or electronic record of a communication between the courts.
(d) A memorandum or electronic record of a communication between the courts that a court makes after the communication.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1111 - Testimony.

722.1111 Testimony.
Sec. 111.
(1) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for a deposition or testimony.
(3) 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:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 1 - General Provisions (722.1101...722.1112) › Section 722.1112 - Request to Out-of-State Court; Expenses; Preserving and Forwarding Records.

722.1112 Request to out-of-state court; expenses; preserving and forwarding records.
Sec. 112.
(1) A court of this state may request the appropriate court of another state to do any of the following:
(a) Hold an evidentiary hearing.
(b) Order a person to produce or give evidence under procedures of that state.
(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
(d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and an evaluation prepared in compliance with the request.
(e) Order a party to a child-custody proceeding or a person having physical custody of the child to appear in the proceeding with or without the child.
(2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1).
(3) Travel and other necessary and reasonable expenses incurred under subsection (1) or (2) may be assessed against the parties according to the law of this state.
(4) 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 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 these records.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1201 - Initial Child-Custody Determination; Jurisdiction.

722.1201 Initial child-custody determination; jurisdiction.
Sec. 201.
(1) Except as otherwise provided in section 204, a court of this state has jurisdiction to make an initial child-custody determination only in the following situations:
(a) 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 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.
(b) A court of another state does not have jurisdiction under subdivision (a), 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 207 or 208, and the court finds both of the following:
(i) The child and the child's parents, or the child and at least 1 parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.
(ii) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
(c) All courts having jurisdiction under subdivision (a) or (b) have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under section 207 or 208.
(d) No court of another state would have jurisdiction under subdivision (a), (b), or (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is neither necessary nor sufficient to make a child-custody determination.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1202 - Exclusive, Continuing Jurisdiction; Condition; Determination to Decline Jurisdiction; Modification of Child-Custody Determination.

722.1202 Exclusive, continuing jurisdiction; condition; determination to decline jurisdiction; modification of child-custody determination.
Sec. 202.
(1) Except as otherwise provided in section 204, a court of this state that has made a child-custody determination consistent with section 201 or 203 has exclusive, continuing jurisdiction over the child-custody determination until either of the following occurs:
(a) A court of this state determines that neither the child, nor the child and 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.
(b) A court of this state or a court of another state determines that neither the child, nor a parent of the child, nor a person acting as the child's parent presently resides in this state.
(2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise its jurisdiction if the court determines that it is an inconvenient forum under section 207.
(3) A court of this state that has made a child-custody determination and that does not have exclusive, continuing jurisdiction under this section may modify that child-custody determination only if it has jurisdiction to make an initial child-custody determination under section 201.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1203 - Modification of Out-of-State Child-Custody Determination; Requirements.

722.1203 Modification of out-of-state child-custody determination; requirements.
Sec. 203.
Except as otherwise provided in section 204, a court of this state shall 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 child-custody determination under section 201(1)(a) or (b) and either of the following applies:
(a) 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.
(b) A court of this state or a court of the other state determines that neither the child, nor a parent of the child, nor a person acting as a parent presently resides in the other state.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1204 - Temporary Emergency Jurisdiction; Communication With Out-of-State Court; Duration of Order.

722.1204 Temporary emergency jurisdiction; communication with out-of-state court; duration of order.
Sec. 204.
(1) 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.
(2) If there is no previous child-custody determination that is entitled to be enforced under this act and if a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 201 to 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 to 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 201 to 203, a child-custody determination made under this section becomes a final child-custody determination, if that is what the determination provides and this state becomes the home state of the child.
(3) If there is a previous child-custody determination that is entitled to be enforced under this act or if a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 201 to 203, an order issued by a court of this state under this section must specify in the order a period of time that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 201 to 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.
(4) If a court of this state that has been asked to make a child-custody determination under this section is informed that a child-custody proceeding has been commenced in, or that a child-custody determination has been made by, a court of a state having jurisdiction under sections 201 to 203, the court of this state shall immediately communicate with the other court. If a court of this state that is exercising jurisdiction under sections 201 to 203 is 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, the court of this state shall immediately communicate with the court of the other state. The purpose of a communication under this subsection is 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:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1205 - Notice and Hearing.

722.1205 Notice and hearing.
Sec. 205.
(1) Before a child-custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of section 108 must be given to each person entitled to notice under the law of this state as in child-custody proceedings between residents of this state, a parent whose parental rights have not been previously terminated, and a person having physical custody of the child.
(2) This act does not govern the enforceability of a child-custody determination made without notice and an opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this act are governed by the law of this state as in child-custody proceedings between residents of this state.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1206 - Commencement of Out-of-State Proceeding; Jurisdiction; Communication; Dismissal of Proceeding by In-State Court; Modification.

722.1206 Commencement of out-of-state proceeding; jurisdiction; communication; dismissal of proceeding by in-state court; modification.
Sec. 206.
(1) Except as otherwise provided in section 204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a child-custody proceeding has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 207.
(2) Except as otherwise provided in section 204, before hearing a child-custody proceeding, a court of this state shall examine the court documents and other information supplied by the parties as required by section 209. If the court determines that, at the time of the commencement of the proceeding, a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the child-custody proceeding.
(3) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the child-custody 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 do any of the following:
(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement.
(b) Enjoin the parties from continuing with the proceeding for enforcement.
(c) Proceed with the modification under conditions it considers appropriate.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1207 - Determination of Inconvenient Forum.

722.1207 Determination of inconvenient forum.
Sec. 207.
(1) A court of this state that has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion, or the request of another court.
(2) 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 all of the following:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.
(b) The length of time the child has resided outside this state.
(c) The distance between the court in this state and the court in the state that would assume jurisdiction.
(d) The parties' relative financial circumstances.
(e) An agreement by the parties as to which state should assume jurisdiction.
(f) The nature and location of the evidence required to resolve the pending litigation, including the child's testimony.
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.
(h) The familiarity of the court of each state with the facts and issues of the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(4) A court of this state may decline to exercise jurisdiction under this act 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:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1208 - Unjustifiable Conduct of Parties; Decision to Decline Exercise of Jurisdiction; Dismissal or Stay; Expenses.

722.1208 Unjustifiable conduct of parties; decision to decline exercise of jurisdiction; dismissal or stay; expenses.
Sec. 208.
(1) Except as otherwise provided in section 204 or by other law of this state, if a court of this state has jurisdiction under this act because a person invoking the court's jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless the court finds 1 or more of the following:
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction.
(b) A court of the state otherwise having jurisdiction under sections 201 to 203 determines that this state is a more appropriate forum under section 207.
(c) No court of another state would have jurisdiction under sections 201 to 203.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1), the court 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 201 to 203.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise jurisdiction under subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, witness expenses, travel expenses, and child care expenses during the course of the proceedings, unless the party from whom expenses and fees are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this act.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1209 - Pleading or Sworn Statement; Information.

722.1209 Pleading or sworn statement; information.
Sec. 209.
(1) Subject to the law of this state providing for confidentiality of procedures, addresses, and other identifying information, in a child-custody proceeding, each party, in its first pleading or in an attached sworn statement, shall give information, if reasonably ascertainable, under oath as to the child's present address, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or sworn statement must state all of the following:
(a) Whether the party has participated, as a party or witness or in another capacity, in another child-custody proceeding with the child and, if so, identify the court, the case number of the child-custody proceeding, and the date of the child-custody determination, if any.
(b) Whether the party knows of a proceeding that could affect the current child-custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, and, if so, identify the court, the case number, and the nature of the proceeding.
(c) The name and address of each person that the party knows who is not a party to the child-custody proceeding and who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time with, the child.
(2) If the information required by subsection (1) is not furnished, upon motion of a party or its own motion, the court may stay the proceeding until the information is furnished.
(3) If the declaration as to an item described in subsection (1) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(4) Each party has a continuing duty to inform the court of a proceeding in this or another state that could affect the current child-custody proceeding.
(5) If a party alleges in a sworn statement or a pleading under oath that a party's or child's health, safety, or liberty would be put at risk by the disclosure of identifying information, the court shall seal and not disclose that information to the other party or the public unless the court orders the disclosure after a hearing in which the court considers the party's or child's health, safety, and liberty and determines that the disclosure is in the interest of justice.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 2 - Jurisdiction (722.1201...722.1210) › Section 722.1210 - Order to Appear With or Without Child.

722.1210 Order to appear with or without child.
Sec. 210.
(1) A court of this state may order a party to a child-custody proceeding who is in this state to appear before the court personally with or without the child. The court may order a person who is in this state and who has physical custody or control of the child to appear physically with the child.
(2) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given in accordance with section 108 include a statement directing the party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child or of a person ordered to appear under this section.
(4) If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party directed or desiring to appear and of the child.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1301 - “Petitioner” and “Respondent” Defined.

722.1301 “Petitioner” and “respondent” defined.
Sec. 301.
As used in this article:
(a) "Petitioner" means a person who seeks enforcement of a child-custody determination or enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction.
(b) "Respondent" means a person against whom a proceeding has been commenced for enforcement of a child-custody determination or enforcement of an order for the return of a child under the Hague convention on the civil aspects of international child abduction.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1302 - Enforcement; Temporary Order.

722.1302 Enforcement; temporary order.
Sec. 302.
(1) This article may be invoked to enforce 1 or both of the following:
(a) A child-custody determination.
(b) An order for the return of a child made under the Hague convention on the civil aspects of international child abduction.
(2) A court of this state that does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing either of the following:
(a) A parenting time schedule made by a court of another state.
(b) The parenting time provisions of a child-custody determination of another state that does not provide for a specific parenting time schedule.
(3) If a court of this state makes an order under subsection (2)(b), 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. The order remains in effect until an order is obtained from the other court or the period expires.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1303 - Child Custody Determination by Out-of-State Court; Enforcement; Remedy.

722.1303 Child custody determination by out-of-state court; enforcement; remedy.
Sec. 303.
(1) 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 that was in substantial conformity with this act or the child-custody determination was made under factual circumstances meeting the jurisdictional standards of this act and the child-custody determination has not been modified in accordance with this act.
(2) A court of this state may utilize a remedy available under another law of this state to enforce a child-custody determination made by a court of another state. The procedure provided by this article does not affect the availability of other remedies to enforce a child-custody determination.
History:
2001, Act 195, Eff. Apr. 1, 2002