reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-110. Information to be submitted to court

40-7-110. Information to be submitted to court.
(1) 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, 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 affidavit must state whether the party:
(a) 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 of the proceeding, and the date of the child custody determination, if any;
(b) 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
(c) knows the name and address of any person who is not a party to the proceeding who has physical custody of the child or who claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the party shall provide the names and addresses of those persons.
(2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in subsections (1)(a) through (1)(c) 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 any proceeding in this or any other state that could affect the current proceeding.
History: En. 61-410 by Sec. 10, Ch. 537, L. 1977; R.C.M. 1947, 61-410; amd. Sec. 10, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-111. Repealed

40-7-111. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-411 by Sec. 11, Ch. 537, L. 1977; R.C.M. 1947, 61-411.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-112. Appearance of parties and child

40-7-112. Appearance of parties and child.
(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 any 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 pursuant to 40-7-106 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 and of any 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 so appearing and of the child.
History: En. 61-412 by Sec. 12, Ch. 537, L. 1977; R.C.M. 1947, 61-412; amd. Sec. 11, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-113. Repealed

40-7-113. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-413 by Sec. 13, Ch. 537, L. 1977; R.C.M. 1947, 61-413.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-114. Repealed

40-7-114. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-414 by Sec. 14, Ch. 537, L. 1977; R.C.M. 1947, 61-414.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-115. Repealed

40-7-115. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-415 by Sec. 15, Ch. 537, L. 1977; R.C.M. 1947, 61-415.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-116. Repealed

40-7-116. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-416 by Sec. 16, Ch. 537, L. 1977; R.C.M. 1947, 61-416.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-117. Repealed

40-7-117. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-417 by Sec. 17, Ch. 537, L. 1977; R.C.M. 1947, 61-417.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-118. Repealed

40-7-118. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-418 by Sec. 18, Ch. 537, L. 1977; R.C.M. 1947, 61-418.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-119. Taking testimony in another state

40-7-119. Taking testimony in another state.
(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 the deposition or testimony.
(3) Documentary evidence that is 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: En. 61-419 by Sec. 19, Ch. 537, L. 1977; R.C.M. 1947, 61-419; amd. Sec. 12, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-120. Repealed

40-7-120. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-420 by Sec. 20, Ch. 537, L. 1977; R.C.M. 1947, 61-420.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-121. Repealed

40-7-121. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-421 by Sec. 21, Ch. 537, L. 1977; R.C.M. 1947, 61-421.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-122. Repealed

40-7-122. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-422 by Sec. 22, Ch. 537, L. 1977; R.C.M. 1947, 61-422.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-123. Repealed

40-7-123. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-423 by Sec. 23, Ch. 537, L. 1977; R.C.M. 1947, 61-423.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-124. Repealed

40-7-124. Repealed.
Sec. 43, Ch. 91, L. 1999.
History: En. 61-424 by Sec. 24, Ch. 537, L. 1977; R.C.M. 1947, 61-424.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-125. Priority

40-7-125. 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: En. 61-425 by Sec. 25, Ch. 537, L. 1977; R.C.M. 1947, 61-425; amd. Sec. 13, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-134. Proceedings governed by other law

40-7-134. 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: En. Sec. 14, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-135. Application to Indian tribes

40-7-135. (Temporary) Application to Indian tribes.
(1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
40-7-135. (Effective July 1, 2025) Application to Indian tribes.
(1) 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.
(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.
History: En. Sec. 15, Ch. 91, L. 1999; amd. Sec. 24, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-136. International application

40-7-136. International application.
(1) 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 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.
(2) 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.
(3) 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: En. Sec. 16, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-137. Binding force of child custody determination

40-7-137. Binding force 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 40-7-106 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 that the determination is modified.
History: En. Sec. 17, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-138. Appearance and limited immunity

40-7-138. Appearance and limited immunity.
(1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and who is a responding party under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, a party in a proceeding to modify a child custody determination under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, or a petitioner in a proceeding to enforce or register a child custody determination under part 3 of this chapter 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 chapter. 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 laws of that state may be accomplished in this state.
(3) The immunity granted by 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: En. Sec. 18, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-139. Communication between courts

40-7-139. Communication between courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(2) 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.
(3) 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.
(4) Except as otherwise 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. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts, an electronic recording of a telephone call, a memorandum or an electronic record of the communication between the courts, or a memorandum or an electronic record made by a court after the communication.
History: En. Sec. 19, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-140. Cooperation between courts -- preservation of records

40-7-140. Cooperation between courts -- preservation of records.
(1) A court of this state may request the appropriate court of another state to:
(a) hold an evidentiary hearing;
(b) order a person to produce or give evidence pursuant to 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 any evaluation prepared in compliance with the request; and
(e) 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.
(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 subsections (1) and (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 those records.
History: En. Sec. 20, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 2. Jurisdiction › 40-7-201. Initial child custody jurisdiction

40-7-201. Initial child custody jurisdiction.
(1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction to make an initial child custody determination only if:
(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 subsection (1)(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 40-7-108 or 40-7-109, and:
(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(c) all courts having jurisdiction under subsection (1)(a) or (1)(b) 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 40-7-108 or 40-7-109; or
(d) no state would have jurisdiction under subsection (1)(a), (1)(b), or (1)(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 not necessary or sufficient to make a child custody determination.
History: En. Sec. 21, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 2. Jurisdiction › 40-7-202. Exclusive, continuing jurisdiction

40-7-202. Exclusive, continuing jurisdiction.
(1) Except as otherwise provided in 40-7-204, a court of this state that has made a child custody determination consistent with 40-7-201 or 40-7-203 has exclusive, continuing jurisdiction over the determination until:
(a) a court of this state determines that neither the child, the child and one 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
(b) a court of this state or a court of another state determines that neither the child, a parent, nor any person acting as a parent presently resides in this state.
(2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise jurisdiction if the court determines that it is an inconvenient forum under 40-7-108.
(3) A court of this state that 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 40-7-201.
History: En. Sec. 22, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 2. Jurisdiction › 40-7-203. Jurisdiction to modify determination

40-7-203. Jurisdiction to modify determination.
Except as otherwise provided in 40-7-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under 40-7-201(1)(a) or (1)(b) and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under 40-7-202 or that a court of this state would be a more convenient forum under 40-7-108; or
(2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
History: En. Sec. 23, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 2. Jurisdiction › 40-7-204. Temporary emergency jurisdiction

40-7-204. Temporary emergency jurisdiction.
(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 chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203, 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 40-7-201 through 40-7-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203, a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child.
(3) 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 40-7-201 through 40-7-203, any 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 40-7-201 through 40-7-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.
(4) A court of this state that 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 40-7-201 through 40-7-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to 40-7-201 through 40-7-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state. The purpose of the communication is to resolve the emergency, to protect the safety of the parties and the child, and to determine a period for the duration of the temporary order.
History: En. Sec. 24, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-301. Definitions

40-7-301. Definitions.
In this part:
(1) "Petitioner" means a person who seeks enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
History: En. Sec. 25, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-302. Enforcement under Hague convention

40-7-302. Enforcement under Hague convention.
Under this part, a court of this state may enforce an order for the return of the child that was made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
History: En. Sec. 26, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-303. Duty to enforce

40-7-303. Duty to enforce.
(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 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.
(2) 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 procedure provided by this part does not affect the availability of other remedies to enforce a child custody determination.
History: En. Sec. 27, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-304. Temporary visitation

40-7-304. Temporary visitation.
(1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(a) a visitation schedule made by a court of another state; or
(b) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(2) If a court of this state makes an order under subsection (1)(b), it shall specify in the order a period of time that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
History: En. Sec. 28, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-306. Enforcement of registered determination

40-7-306. Enforcement of registered determination.
(1) 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.
(2) A court of this state shall recognize and enforce, but may not modify, except in accordance with 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, a registered child custody determination of a court of another state.
History: En. Sec. 30, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-307. Simultaneous proceedings

40-7-307. Simultaneous proceedings.
If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is commenced in a court of another state having jurisdiction to modify the determination under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and 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: En. Sec. 31, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-309. Service of petition and order

40-7-309. Service of petition and order.
Except as otherwise provided in 40-7-311, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
History: En. Sec. 33, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-310. Hearing and order

40-7-310. Hearing and order.
(1) Unless the court issues a temporary emergency order pursuant to 40-7-204, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:
(a) the child custody determination has not been registered and confirmed under 40-7-305 and that:
(i) the issuing court did not have jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter;
(ii) 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 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter or federal law; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of 40-7-106, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) the child custody determination for which enforcement is sought was registered and confirmed under 40-7-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter or federal law.
(2) The court shall award the fees, costs, and expenses authorized under 40-7-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate.
(3) 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.
(4) 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 this part.
History: En. Sec. 34, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-311. Warrant to take physical custody of child

40-7-311. Warrant to take physical custody of child.
(1) 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 imminently likely to suffer serious physical harm or to be removed from this state.
(2) 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 to 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 40-7-308(2).
(3) A warrant to take physical custody of a child must:
(a) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(b) direct law enforcement officers to take physical custody of the child immediately; and
(c) provide for the placement of the child, pending final relief.
(4) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5) 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.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
History: En. Sec. 35, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-312. Costs, fees, and expenses

40-7-312. Costs, fees, and expenses.
(1) 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 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.
(2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
History: En. Sec. 36, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-313. Recognition and enforcement

40-7-313. 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 that 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 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter.
History: En. Sec. 37, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-314. Appeals

40-7-314. Appeals.
An appeal may be taken from a final order in a proceeding under this part. Unless the court enters a temporary emergency order under 40-7-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
History: En. Sec. 38, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-315. Role of prosecutor

40-7-315. Role of prosecutor.
(1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this part 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:
(a) an existing child custody determination;
(b) a request to do so from a court in a pending child custody proceeding;
(c) a reasonable belief that a criminal statute has been violated; or
(d) 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.
(2) A prosecutor acts on behalf of the court and may not represent any party to a child custody determination.
History: En. Sec. 39, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-316. Role of law enforcement

40-7-316. Role of law enforcement.
At the request of a prosecutor acting under 40-7-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and to assist a prosecutor with responsibilities under 40-7-315.
History: En. Sec. 40, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 3. Enforcement › 40-7-317. Costs and expenses

40-7-317. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under 40-7-315 or 40-7-316.
History: En. Sec. 41, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-101. Repealed

40-8-101. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 17, Ch. 240, L. 1957; R.C.M. 1947, 61-217; amd. Sec. 5, Ch. 530, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-102. Repealed

40-8-102. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 16, Ch. 240, L. 1957; R.C.M. 1947, 61-216.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-103. Repealed

40-8-103. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 240, L. 1957; R.C.M. 1947, 61-201; amd. Sec. 6, Ch. 530, L. 1981; amd. Sec. 3, Ch. 1, Sp. L. 1981; amd. Sec. 34, Ch. 609, L. 1987; amd. Sec. 7, Ch. 684, L. 1991; amd. Sec. 1, Ch. 275, L. 1995; amd. Sec. 152, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-104. Repealed

40-8-104. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 240, L. 1957; R.C.M. 1947, 61-202; amd. Sec. 7, Ch. 530, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-105. Repealed

40-8-105. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-218 by Sec. 6, Ch. 199, L. 1961; R.C.M. 1947, 61-218.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-106. Repealed

40-8-106. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 3, Ch. 240, L. 1957; amd. Sec. 15, Ch. 240, L. 1971; amd. Sec. 22, Ch. 94, L. 1973; R.C.M. 1947, 61-203.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-107. Repealed

40-8-107. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 4, Ch. 240, L. 1957; R.C.M. 1947, 61-204.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-108. Repealed

40-8-108. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 10, Ch. 530, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-109. Repealed

40-8-109. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 11, Ch. 530, L. 1981; amd. Sec. 4, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 277, L. 1987; amd. Sec. 3, Ch. 18, L. 1989; amd. Sec. 1, Ch. 539, L. 1989; amd. Sec. 3, Ch. 683, L. 1991; amd. Sec. 1, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-110. Repealed

40-8-110. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 539, L. 1989; amd. Sec. 153, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-111. Repealed

40-8-111. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 5, Ch. 240, L. 1957; amd. Sec. 2, Ch. 199, L. 1961; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 27, Ch. 512, L. 1975; R.C.M. 1947, 61-205; amd. Sec. 6, Ch. 33, L. 1979; amd. Sec. 8, Ch. 530, L. 1981; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 2, Ch. 439, L. 1993; amd. Sec. 1, Ch. 369, L. 1995; amd. Sec. 5, Ch. 458, L. 1995; amd. Sec. 154, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-112. Repealed

40-8-112. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 6, Ch. 240, L. 1957; R.C.M. 1947, 61-206.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-113. Repealed

40-8-113. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 7, Ch. 240, L. 1957; R.C.M. 1947, 61-207; amd. Sec. 9, Ch. 530, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-114. Repealed

40-8-114. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 682, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-115. Repealed

40-8-115. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-116. Repealed

40-8-116. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 3, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-117. Repealed

40-8-117. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 4, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-121. Repealed

40-8-121. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 8, Ch. 240, L. 1957; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 18, Ch. 33, L. 1977; R.C.M. 1947, 61-208; amd. Sec. 12, Ch. 530, L. 1981; amd. Sec. 2, Ch. 277, L. 1987; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 1, Ch. 233, L. 1989; amd. Sec. 155, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-122. Repealed

40-8-122. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 9, Ch. 240, L. 1957; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 2, Ch. 495, L. 1975; R.C.M. 1947, 61-209; amd. Sec. 13, Ch. 530, L. 1981; amd. Sec. 3, Ch. 277, L. 1987; amd. Sec. 1, Ch. 406, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-123. Repealed

40-8-123. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 10, Ch. 240, L. 1957; amd. Sec. 3, Ch. 199, L. 1961; R.C.M. 1947, 61-210; amd. Sec. 14, Ch. 530, L. 1981; amd. Sec. 4, Ch. 277, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-124. Repealed

40-8-124. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 11, Ch. 240, L. 1957; amd. Sec. 4, Ch. 199, L. 1961; amd. Sec. 1, Ch. 2, L. 1963; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 19, Ch. 33, L. 1977; R.C.M. 1947, 61-211; amd. Sec. 5, Ch. 277, L. 1987; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 156, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-125. Repealed

40-8-125. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 12, Ch. 240, L. 1957; amd. Sec. 1, Ch. 102, L. 1965; R.C.M. 1947, 61-212; amd. Sec. 1, Ch. 582, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-126. Repealed

40-8-126. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 13, Ch. 240, L. 1957; amd. Sec. 18, Ch. 121, L. 1974; R.C.M. 1947, 61-213; amd. Sec. 3, Ch. 228, L. 1981; amd. Sec. 35, Ch. 609, L. 1987; amd. Sec. 2, Ch. 275, L. 1995; (12)En. Sec. 3, Ch. 275, L. 1995; amd. Sec. 22, Ch. 515, L. 1995; amd. Sec. 157, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-127. Repealed

40-8-127. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 14, Ch. 240, L. 1957; amd. Sec. 20, Ch. 33, L. 1977; R.C.M. 1947, 61-214.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-128. Repealed

40-8-128. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 15, Ch. 240, L. 1957; R.C.M. 1947, 61-215.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-135. Repealed

40-8-135. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 18, L. 1989; amd. Sec. 5, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 1. Adoption of Children (Repealed) › 40-8-136. Repealed

40-8-136. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 18, L. 1989; amd. Sec. 6, Ch. 684, L. 1991.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 2. Adoption of Adults (Repealed) › 40-8-201. Repealed

40-8-201. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 229, L. 1947; R.C.M. 1947, 61-139.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 8. Adoption (Repealed) › Part 2. Adoption of Adults (Repealed) › 40-8-202. Repealed

40-8-202. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 229, L. 1947; amd. Sec. 5, Ch. 199, L. 1961; R.C.M. 1947, 61-140; amd. Sec. 2, Ch. 406, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 9. Grandparent-Grandchild Contact › Part 1. General Provisions › 40-9-101. Application of Montana Rules of Civil Procedure

40-9-101. Application of Montana Rules of Civil Procedure.
(1) Except as otherwise provided, the Montana Rules of Civil Procedure apply to all proceedings under this section and 40-9-102.
(2) A proceeding for grandparent-grandchild contact under this section and 40-9-102 must be entitled, "In re the grandparent-grandchild contact of......"
(3) The initial pleading in all proceedings under this section and 40-9-102 must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings must be denominated as provided in the Montana Rules of Civil Procedure.
History: En. Sec. 1, Ch. 17, L. 1979; amd. Sec. 32, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 9. Grandparent-Grandchild Contact › Part 1. General Provisions › 40-9-103. Grandparents include great-grandparents

40-9-103. Grandparents include great-grandparents.
For purposes of this part, the term "grandparent" includes a great-grandparent.
History: En. Sec. 1, Ch. 220, L. 2009.