PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400. - 3465.]

Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3.

§§ 3400–3465 · 43 sections

1. CHAPTER 1. General Provisions §§ 3400–3412 · 12 sections

   • § 3400 This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
   • § 3402 As used in this part: (a) “Abandoned” means left without provision for reasonable and necessary care or supervision. (b) “Child” means an individual who has…
   • § 3403 This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
   • § 3404 (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) is not subject to this…
   • § 3405 (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter and Chapter 2…
   • § 3406 A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the…
   • § 3407 If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be…
   • § 3408 (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for…
   • § 3409 (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child…
   • § 3410 (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may allow the parties to…
   • § 3411 (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another…
   • § 3412 (a) A court of this state may request the appropriate court of another state to do all of the following: (1) Hold an evidentiary hearing. (2) Order a person to…
2. CHAPTER 2. Jurisdiction §§ 3421–3430 · 10 sections

   • § 3421 (a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the…
   • § 3422 (a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or 3423 has…
   • § 3423 Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another state unless a…
   • § 3424 (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an…
   • § 3425 (a) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of Section 3408 must…
   • § 3426 (a) Except as otherwise provided in Section 3424, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the…
   • § 3427 (a) A court of this state that has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if…
   • § 3428 (a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under this part because a person…
   • § 3429 (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under…
   • § 3430 (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with…
3. CHAPTER 3. Enforcement §§ 3441–3457 · 18 sections

   • § 3441 In this chapter: (a) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of…
   • § 3442 Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International…
   • § 3443 (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in…
   • § 3444 (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either: (1) A…
   • § 3445 (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement,…
   • § 3446 (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a…
   • § 3447 If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination…
   • § 3448 (a) A petition under this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be…
   • § 3449 Except as otherwise provided in Section 3451, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent…
   • § 3450 (a) Unless the court issues a temporary emergency order pursuant to Section 3424, upon a finding that a petitioner is entitled to immediate physical custody of…
   • § 3451 (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a…
   • § 3452 (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs,…
   • § 3453 A court of this state shall accord full faith and credit to an order issued by another state, and consistent with this part, enforce a child custody…
   • § 3453.5 (a) A law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child…
   • § 3454 An appeal may be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the…
   • § 3455 (a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney is…
   • § 3456 At the request of a district attorney acting under Section 3455, a law enforcement officer may take any lawful action reasonably necessary to locate a child or…
   • § 3457 The court may assess all direct expenses and costs incurred by a district attorney under Section 3455 or 3456 pursuant to the provisions of Section 3134.
4. CHAPTER 4. Miscellaneous Provisions §§ 3461–3465 · 3 sections

   • § 3461 In applying and construing this Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the…
   • § 3462 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
   • § 3465 A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective…