House Introduced Bill 4855

HOUSE BILL No. 4855

May 30, 2001, Introduced by Reps. Richner, Lemmons, McConico, Meyer, Stewart, Adamini, Hager, Middaugh, Van Woerkom, DeVuyst and
Pappageorge and referred to the Committee on Civil Law and the Judiciary.

A bill to adopt the uniform child-custody jurisdiction and

enforcement act prescribing the powers and duties of the court in

a child-custody proceeding involving this state and a proceeding

or party outside of this state; and to repeal acts and parts of

acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
ARTICLE 1

2
GENERAL PROVISIONS

3
Sec. 101. This act shall be known and may be cited as the

4
"uniform child-custody jurisdiction and enforcement act".

5
Sec. 102. As used in this act:

6
(a) "Abandoned" means left without provision for reasonable

7
and necessary care or supervision.

8
(b) "Child" means an individual who is younger than 18 years

9
of age.

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1
(c) "Child-custody determination" means a judgment, decree,

2
or other court order providing for legal custody, physical custo-

3
dy, or parenting time with respect to a child. Child-custody

4
determination includes a permanent, temporary, initial, and modi-

5
fication order. Child-custody determination does not include an

6
order relating to child support or other monetary obligation of

7
an individual.

8
(d) "Child-custody proceeding" means a proceeding in which

9
legal custody, physical custody, or parenting time with respect

10
to a child is an issue. Child-custody proceeding includes a pro-

11
ceeding for divorce, separate maintenance, separation, neglect,

12
abuse, dependency, guardianship, paternity, termination of paren-

13
tal rights, and protection from domestic violence, in which the

14
issue may appear. Child-custody proceeding does not include a

15
proceeding involving juvenile delinquency, contractual emancipa-

16
tion, or enforcement under article 3.

17
(e) "Commencement" means the filing of the first pleading in

18
a proceeding.

19
(f) "Court" means an entity authorized under the law of a

20
state to establish, enforce, or modify a child-custody

21
determination.

22
(g) "Home state" means the state in which a child lived with

23
a parent or a person acting as a parent for at least 6 consecu-

24
tive months immediately before the commencement of a

25
child-custody proceeding. In the case of a child less than 6

26
months of age, the term means the state in which the child lived

27
from birth with a parent or person acting as a parent. A period

02109'01 3

1
of temporary absence of a parent or person acting as a parent is

2
included as part of the period.

3
(h) "Initial determination" means the first child-custody

4
determination concerning a particular child.

5
(i) "Issuing court" means the court that makes a

6
child-custody determination for which enforcement is sought under

7
this act.

8
(j) "Issuing state" means the state in which a child-custody

9
determination is made.

10
(k) "Modification" means a child-custody determination that

11
changes, replaces, supersedes, or is otherwise made after a pre-

12
vious child-custody determination concerning the same child,

13
whether or not it is made by the court that made the previous

14
child-custody determination.

15
(l) "Person" means an individual, corporation, business

16
trust, estate, trust, partnership, limited liability company,

17
association, joint venture, or government; governmental subdivi-

18
sion, agency, or instrumentality; public corporation; or any

19
other legal or commercial entity.

20
(m) "Person acting as a parent" means a person, other than a

21
parent, who meets both of the following criteria:

22
(i) Has physical custody of the child or has had physical

23
custody for a period of 6 consecutive months, including a tempo-

24
rary absence, within 1 year immediately before the commencement

25
of a child-custody proceeding.

26
(ii) Has been awarded legal custody by a court or claims a

27
right to legal custody under the law of this state.

02109'01 4

1
(n) "Physical custody" means the physical care and

2
supervision of a child.

3
(o) "Register" means to comply with the procedures of sec-

4
tion 304 to make a child-custody determination enforceable in

5
this state.

6
(p) "State" means a state of the United States, the District

7
of Columbia, Puerto Rico, the United States Virgin Islands, or a

8
territory or insular possession subject to the jurisdiction of

9
the United States.

10
(q) "Tribe" means an Indian tribe or band, or Alaskan native

11
village, that is recognized by federal law or formally acknowl-

12
edged by a state.

13
(r) "Warrant" means a court order authorizing a law enforce-

14
ment officer to take physical custody of a child.

15
Sec. 103. This act does not govern an adoption proceeding

16
or a proceeding pertaining to the authorization of emergency med-

17
ical care for a child.

18
Sec. 104. (1) A child-custody proceeding that pertains to

19
an Indian child as defined in the Indian child welfare act of

20
1978, Public Law 95-608, 25 U.S.C. 1901 to 1903, 1911 to 1923,

21
1931 to 1934, 1951 to 1952, and 1961 to 1963, is not subject to

22
this act to the extent that the proceeding is governed by the

23
Indian child welfare act of 1978, Public Law 95-608, 25

24
U.S.C. 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952,

25
and 1961 to 1963.

26
(2) A court of this state shall treat a tribe as a state of

27
the United States for the purposes of articles 1 and 2.

02109'01 5

1
(3) A child-custody determination made by a tribe under

2
factual circumstances in substantial conformity with the juris-

3
dictional standards of this act must be recognized and enforced

4
under article 3.

5
Sec. 105. (1) A court of this state shall treat a foreign

6
country as a state of the United States for the purposes of

7
applying articles 1 and 2.

8
(2) Except as otherwise provided in subsection (3), a

9
child-custody determination made in a foreign country under fac-

10
tual circumstances in substantial conformity with the jurisdic-

11
tional standards of this act must be recognized and enforced

12
under article 3.

13
(3) A court of this state need not apply this act if the

14
child-custody law of a foreign country violates fundamental prin-

15
ciples of human rights.

16
Sec. 106. A child-custody determination made by a court of

17
this state that had jurisdiction under this act binds all persons

18
who have been served in accordance with the laws of this state or

19
notified in accordance with section 108 or who have submitted to

20
the jurisdiction of the court, and who have been given an oppor-

21
tunity to be heard. As to those persons, the child-custody

22
determination is conclusive as to all decided issues of law and

23
fact except to the extent the child-custody determination is

24
modified.

25
Sec. 107. If a question of existence or exercise of juris-

26
diction under this act is raised in a child-custody proceeding,

02109'01 6

1
upon request of a party, the question must be given priority on

2
the court calendar and handled expeditiously.

3
Sec. 108. (1) Notice required for the exercise of jurisdic-

4
tion when a person is outside this state may be given in a manner

5
prescribed by the law of this state for service of process or by

6
the law of the state in which the service is made. Notice must

7
be given in a manner reasonably calculated to give actual notice,

8
but may be by publication if other means are not effective.

9
(2) Proof of service may be made in the manner prescribed by

10
the law of this state or by the law of the state in which the

11
service is made.

12
(3) Notice is not required for the exercise of jurisdiction

13
with respect to a person who submits to the jurisdiction of the

14
court.

15
Sec. 109. (1) A party to a child-custody proceeding who is

16
not subject to personal jurisdiction in this state and is a

17
responding party under article 2, a party in a proceeding to

18
modify a child-custody determination under article 2, or a peti-

19
tioner in a proceeding to enforce or register a child-custody

20
determination under article 3 may appear and participate in the

21
proceeding without submitting to personal jurisdiction over the

22
party for another proceeding or purpose.

23
(2) A party is not subject to personal jurisdiction in this

24
state solely by being physically present for the purpose of par-

25
ticipating in a proceeding under this act. If a party is subject

26
to personal jurisdiction in this state on a basis other than

27
physical presence, the party may be served with process in this

02109'01 7

1
state. If a party present in this state is subject to the

2
jurisdiction of another state, service of process allowable under

3
the law of that state may be accomplished in this state.

4
(3) The immunity granted by subsection (1) does not extend

5
to civil litigation based on acts unrelated to the participation

6
in a proceeding under this act committed by an individual while

7
present in this state.

8
Sec. 110. (1) A court of this state may communicate with a

9
court in another state concerning a proceeding arising under this

10
act.

11
(2) The court may allow the parties to participate in the

12
communication. If the parties are not able to participate in the

13
communication, the parties shall be given the opportunity to

14
present facts and legal arguments before a decision on jurisdic-

15
tion is made.

16
(3) A communication between courts on schedules, calendars,

17
court records, and similar matters may occur without informing

18
the parties. A record need not be made of that communication.

19
(4) Except as provided in subsection (3), a record must be

20
made of a communication under this section. The parties must be

21
informed promptly of the communication and granted access to the

22
record.

23
(5) For the purposes of this section, "record" means infor-

24
mation that is inscribed on a tangible medium or that is stored

25
in an electronic or other medium and is retrievable in perceiv-

26
able form. Record includes each of the following:

02109'01 8

1
(a) Notes or transcripts of a court reporter who listened to

2
a conference call between the courts.

3
(b) An electronic recording of a telephone call.

4
(c) A memorandum or electronic record of a communication

5
between the courts.

6
(d) A memorandum or electronic record of a communication

7
between the courts that a court makes after the communication.

8
Sec. 111. (1) In addition to other procedures available to

9
a party, a party to a child-custody proceeding may offer testi-

10
mony of witnesses who are located in another state, including

11
testimony of the parties and the child, by deposition or other

12
means allowable in this state for testimony taken in another

13
state. The court on its own motion may order that the testimony

14
of a person be taken in another state and may prescribe the

15
manner in which and the terms upon which the testimony is taken.

16
(2) A court of this state may permit an individual residing

17
in another state to be deposed or to testify by telephone, audio-

18
visual means, or other electronic means before a designated court

19
or at another location in that state. A court of this state

20
shall cooperate with courts of other states in designating an

21
appropriate location for a deposition or testimony.

22
(3) Documentary evidence transmitted from another state to a

23
court of this state by technological means that do not produce an

24
original writing may not be excluded from evidence on an objec-

25
tion based on the means of transmission.

26
Sec. 112. (1) A court of this state may request the

27
appropriate court of another state to do any of the following:

02109'01 9

1
(a) Hold an evidentiary hearing.

2
(b) Order a person to produce or give evidence under proce-

3
dures of that state.

4
(c) Order that an evaluation be made with respect to the

5
custody of a child involved in a pending proceeding.

6
(d) Forward to the court of this state a certified copy of

7
the transcript of the record of the hearing, the evidence other-

8
wise presented, and an evaluation prepared in compliance with the

9
request.

10
(e) Order a party to a child-custody proceeding or a person

11
having physical custody of the child to appear in the proceeding

12
with or without the child.

13
(2) Upon request of a court of another state, a court of

14
this state may hold a hearing or enter an order described in sub-

15
section (1).

16
(3) Travel and other necessary and reasonable expenses

17
incurred under subsection (1) or (2) may be assessed against the

18
parties according to the law of this state.

19
(4) A court of this state shall preserve the pleadings,

20
orders, decrees, records of hearings, evaluations, and other per-

21
tinent records with respect to a child-custody proceeding until

22
the child attains 18 years of age. Upon appropriate request by a

23
court or law enforcement official of another state, the court

24
shall forward a certified copy of these records.

25
ARTICLE 2

26
JURISDICTION

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1
Sec. 201. (1) Except as otherwise provided in section 204,

2
a court of this state has jurisdiction to make an initial

3
child-custody determination only in the following situations:

4
(a) This state is the home state of the child on the date of

5
the commencement of the proceeding, or was the home state of the

6
child within 6 months before the commencement of the proceeding

7
and the child is absent from this state but a parent or person

8
acting as a parent continues to live in this state.

9
(b) A court of another state does not have jurisdiction

10
under subdivision (a), or a court of the home state of the child

11
has declined to exercise jurisdiction on the ground that this

12
state is the more appropriate forum under section 207 or 208, and

13
the court finds both of the following:

14
(i) The child and the child's parents, or the child and at

15
least 1 parent or a person acting as a parent, have a significant

16
connection with this state other than mere physical presence.

17
(ii) Substantial evidence is available in this state con-

18
cerning the child's care, protection, training, and personal

19
relationships.

20
(c) All courts having jurisdiction under subdivision (a) or

21
(b) have declined to exercise jurisdiction on the grounds that a

22
court of this state is the more appropriate forum to determine

23
the custody of the child under section 207 or 208.

24
(d) No court of another state would have jurisdiction under

25
subdivision (a), (b), or (c).

26
(2) Subsection (1) is the exclusive jurisdictional basis for

27
making a child-custody determination by a court of this state.

02109'01 11

1
(3) Physical presence of, or personal jurisdiction over, a

2
party or a child is neither necessary nor sufficient to make a

3
child-custody determination.

4
Sec. 202. (1) Except as otherwise provided in section 204,

5
a court of this state that has made a child-custody determination

6
consistent with section 201 or 203 has exclusive, continuing

7
jurisdiction over the child-custody determination until either of

8
the following occurs:

9
(a) A court of this state determines that neither the child,

10
nor the child and 1 parent, nor the child and a person acting as

11
a parent have a significant connection with this state and that

12
substantial evidence is no longer available in this state con-

13
cerning the child's care, protection, training, and personal

14
relationships.

15
(b) A court of this state or a court of another state deter-

16
mines that neither the child, nor a parent of the child, nor a

17
person acting as the child's parent presently resides in this

18
state.

19
(2) A court of this state that has exclusive, continuing

20
jurisdiction under this section may decline to exercise its

21
jurisdiction if the court determines that it is an inconvenient

22
forum under section 207.

23
(3) A court of this state that has made a child-custody

24
determination and that does not have exclusive, continuing juris-

25
diction under this section may modify that child-custody determi-

26
nation only if it has jurisdiction to make an initial

27
child-custody determination under section 201.

02109'01 12

1
Sec. 203. Except as otherwise provided in section 204, a

2
court of this state shall not modify a child-custody determina-

3
tion made by a court of another state unless a court of this

4
state has jurisdiction to make an initial child-custody determi-

5
nation under section 201(1)(a) or (b) and either of the following

6
applies:

7
(a) The court of the other state determines it no longer has

8
exclusive, continuing jurisdiction under section 202 or that a

9
court of this state would be a more convenient forum under sec-

10
tion 207.

11
(b) A court of this state or a court of the other state

12
determines that neither the child, nor a parent of the child, nor

13
a person acting as a parent presently resides in the other

14
state.

15
Sec. 204. (1) A court of this state has temporary emergency

16
jurisdiction if the child is present in this state and the child

17
has been abandoned or it is necessary in an emergency to protect

18
the child because the child, or a sibling or parent of the child,

19
is subjected to or threatened with mistreatment or abuse.

20
(2) If there is no previous child-custody determination that

21
is entitled to be enforced under this act and if a child-custody

22
proceeding has not been commenced in a court of a state having

23
jurisdiction under sections 201 to 203, a child-custody determi-

24
nation made under this section remains in effect until an order

25
is obtained from a court of a state having jurisdiction under

26
sections 201 to 203. If a child-custody proceeding has not been

27
or is not commenced in a court of a state having jurisdiction

02109'01 13

1
under sections 201 to 203, a child-custody determination made

2
under this section becomes a final child-custody determination,

3
if that is what the determination provides and this state becomes

4
the home state of the child.

5
(3) If there is a previous child-custody determination that

6
is entitled to be enforced under this act or if a child-custody

7
proceeding has been commenced in a court of a state having juris-

8
diction under sections 201 to 203, an order issued by a court of

9
this state under this section must specify in the order a period

10
of time that the court considers adequate to allow the person

11
seeking an order to obtain an order from the state having juris-

12
diction under sections 201 to 203. The order issued in this

13
state remains in effect until an order is obtained from the other

14
state within the period specified or the period expires.

15
(4) If a court of this state that has been asked to make a

16
child-custody determination under this section is informed that a

17
child-custody proceeding has been commenced in, or that a

18
child-custody determination has been made by, a court of a state

19
having jurisdiction under sections 201 to 203, the court of this

20
state shall immediately communicate with the other court. If a

21
court of this state that is exercising jurisdiction under sec-

22
tions 201 to 203 is informed that a child-custody proceeding has

23
been commenced in, or a child-custody determination has been made

24
by, a court of another state under a statute similar to this sec-

25
tion, the court of this state shall immediately communicate with

26
the court of the other state. The purpose of a communication

27
under this subsection is to resolve the emergency, protect the

02109'01 14

1
safety of the parties and the child, and determine a period for

2
the duration of the temporary order.

3
Sec. 205. (1) Before a child-custody determination is made

4
under this act, notice and an opportunity to be heard in accord-

5
ance with the standards of section 108 must be given to each

6
person entitled to notice under the law of this state as in

7
child-custody proceedings between residents of this state, a

8
parent whose parental rights have not been previously terminated,

9
and a person having physical custody of the child.

10
(2) This act does not govern the enforceability of a

11
child-custody determination made without notice and an opportu-

12
nity to be heard.

13
(3) The obligation to join a party and the right to inter-

14
vene as a party in a child-custody proceeding under this act are

15
governed by the law of this state as in child-custody proceedings

16
between residents of this state.

17
Sec. 206. (1) Except as otherwise provided in section 204,

18
a court of this state may not exercise its jurisdiction under

19
this article if, at the time of the commencement of the proceed-

20
ing, a child-custody proceeding has been commenced in a court of

21
another state having jurisdiction substantially in conformity

22
with this act, unless the proceeding has been terminated or is

23
stayed by the court of the other state because a court of this

24
state is a more convenient forum under section 207.

25
(2) Except as otherwise provided in section 204, before

26
hearing a child-custody proceeding, a court of this state shall

27
examine the court documents and other information supplied by the

02109'01 15

1
parties as required by section 209. If the court determines

2
that, at the time of the commencement of the proceeding, a

3
child-custody proceeding has been commenced in a court in another

4
state having jurisdiction substantially in accordance with this

5
act, the court of this state shall stay its proceeding and commu-

6
nicate with the court of the other state. If the court of the

7
state having jurisdiction substantially in accordance with this

8
act does not determine that the court of this state is a more

9
appropriate forum, the court of this state shall dismiss the

10
child-custody proceeding.

11
(3) In a proceeding to modify a child-custody determination,

12
a court of this state shall determine whether a proceeding to

13
enforce the child-custody determination has been commenced in

14
another state. If a proceeding to enforce a child-custody deter-

15
mination has been commenced in another state, the court may do

16
any of the following:

17
(a) Stay the proceeding for modification pending the entry

18
of an order of a court of the other state enforcing, staying,

19
denying, or dismissing the proceeding for enforcement.

20
(b) Enjoin the parties from continuing with the proceeding

21
for enforcement.

22
(c) Proceed with the modification under conditions it con-

23
siders appropriate.

24
Sec. 207. (1) A court of this state that has jurisdiction

25
under this act to make a child-custody determination may decline

26
to exercise its jurisdiction at any time if it determines that it

27
is an inconvenient forum under the circumstances and that a court

02109'01 16

1
of another state is a more appropriate forum. The issue of

2
inconvenient forum may be raised upon the motion of a party, the

3
court's own motion, or the request of another court.

4
(2) Before determining whether it is an inconvenient forum,

5
a court of this state shall consider whether it is appropriate

6
for a court of another state to exercise jurisdiction. For this

7
purpose, the court shall allow the parties to submit information

8
and shall consider all relevant factors, including all of the

9
following:

10
(a) Whether domestic violence has occurred and is likely to

11
continue in the future and which state could best protect the

12
parties and the child.

13
(b) The length of time the child has resided outside this

14
state.

15
(c) The distance between the court in this state and the

16
court in the state that would assume jurisdiction.

17
(d) The parties' relative financial circumstances.

18
(e) An agreement by the parties as to which state should

19
assume jurisdiction.

20
(f) The nature and location of the evidence required to

21
resolve the pending litigation, including the child's testimony.

22
(g) The ability of the court of each state to decide the

23
issue expeditiously and the procedures necessary to present the

24
evidence.

25
(h) The familiarity of the court of each state with the

26
facts and issues of the pending litigation.

02109'01 17

1
(3) If a court of this state determines that it is an

2
inconvenient forum and that a court of another state is a more

3
appropriate forum, it shall stay the proceedings upon condition

4
that a child-custody proceeding be promptly commenced in another

5
designated state and may impose any other condition the court

6
considers just and proper.

7
(4) A court of this state may decline to exercise jurisdic-

8
tion under this act if a child-custody determination is inciden-

9
tal to an action for divorce or another proceeding while still

10
retaining jurisdiction over the divorce or other proceeding.

11
Sec. 208. (1) Except as otherwise provided in section 204

12
or by other law of this state, if a court of this state has

13
jurisdiction under this act because a person invoking the court's

14
jurisdiction has engaged in unjustifiable conduct, the court

15
shall decline to exercise its jurisdiction unless the court finds

16
1 or more of the following:

17
(a) The parents and all persons acting as parents have

18
acquiesced in the exercise of jurisdiction.

19
(b) A court of the state otherwise having jurisdiction under

20
sections 201 to 203 determines that this state is a more appro-

21
priate forum under section 207.

22
(c) No court of another state would have jurisdiction under

23
sections 201 to 203.

24
(2) If a court of this state declines to exercise its juris-

25
diction under subsection (1), the court may fashion an appropri-

26
ate remedy to ensure the safety of the child and prevent a

27
repetition of the unjustifiable conduct, including staying the

02109'01 18

1
proceeding until a child-custody proceeding is commenced in a

2
court having jurisdiction under sections 201 to 203.

3
(3) If a court dismisses a petition or stays a proceeding

4
because it declines to exercise jurisdiction under subsection

5
(1), it shall charge the party invoking the jurisdiction of the

6
court with necessary and reasonable expenses including costs,

7
communication expenses, attorney fees, investigative fees, wit-

8
ness expenses, travel expenses, and child care expenses during

9
the course of the proceedings, unless the party from whom

10
expenses and fees are sought establishes that the award would be

11
clearly inappropriate. The court may not assess fees, costs, or

12
expenses against this state unless authorized by law other than

13
this act.

14
Sec. 209. (1) Subject to the law of this state providing

15
for confidentiality of procedures, addresses, and other identify-

16
ing information, in a child-custody proceeding, each party, in

17
its first pleading or in an attached sworn statement, shall give

18
information, if reasonably ascertainable, under oath as to the

19
child's present address, the places where the child has lived

20
during the last 5 years, and the names and present addresses of

21
the persons with whom the child has lived during that period.

22
The pleading or sworn statement must state all of the following:

23
(a) Whether the party has participated, as a party or wit-

24
ness or in another capacity, in another child-custody proceeding

25
with the child and, if so, identify the court, the case number of

26
the child-custody proceeding, and the date of the child-custody

27
determination, if any.

02109'01 19

1
(b) Whether the party knows of a proceeding that could

2
affect the current child-custody proceeding, including a proceed-

3
ing for enforcement or a proceeding relating to domestic vio-

4
lence, a protective order, termination of parental rights, or

5
adoption, and, if so, identify the court, the case number, and

6
the nature of the proceeding.

7
(c) The name and address of each person that the party knows

8
who is not a party to the child-custody proceeding and who has

9
physical custody of the child or claims rights of legal custody

10
or physical custody of, or parenting time with, the child.

11
(2) If the information required by subsection (1) is not

12
furnished, upon motion of a party or its own motion, the court

13
may stay the proceeding until the information is furnished.

14
(3) If the declaration as to an item described in subsection

15
(1) is in the affirmative, the declarant shall give additional

16
information under oath as required by the court. The court may

17
examine the parties under oath as to details of the information

18
furnished and other matters pertinent to the court's jurisdiction

19
and the disposition of the case.

20
(4) Each party has a continuing duty to inform the court of

21
a proceeding in this or another state that could affect the cur-

22
rent child-custody proceeding.

23
(5) If a party alleges in a sworn statement or a pleading

24
under oath that a party's or child's health, safety, or liberty

25
would be put at risk by the disclosure of identifying informa-

26
tion, the court shall seal and not disclose that information to

27
the other party or the public unless the court orders the

02109'01 20

1
disclosure after a hearing in which the court considers the

2
party's or child's health, safety, and liberty and determines

3
that the disclosure is in the interest of justice.

4
Sec. 210. (1) A court of this state may order a party to a

5
child-custody proceeding who is in this state to appear before

6
the court personally with or without the child. The court may

7
order a person who is in this state and who has physical custody

8
or control of the child to appear physically with the child.

9
(2) If a party to a child-custody proceeding whose presence

10
is desired by the court is outside this state, the court may

11
order that a notice given in accordance with section 108 include

12
a statement directing the party to appear personally with or

13
without the child and declaring that failure to appear may result

14
in a decision adverse to the party.

15
(3) The court may enter any orders necessary to ensure the

16
safety of the child or of a person ordered to appear under this

17
section.

18
(4) If a party to a child-custody proceeding who is outside

19
this state is directed to appear under subsection (2) or desires

20 to appear personally before the court with or without the child,

21
the court may require another party to pay reasonable and neces-

22
sary travel and other expenses of the party directed or desiring

23
to appear and of the child.

24
ARTICLE 3

25
ENFORCEMENT

26
Sec. 301. As used in this article:

02109'01 21

1
(a) "Petitioner" means a person who seeks enforcement of a

2
child-custody determination or enforcement of an order for return

3
of a child under the Hague convention on the civil aspects of

4
international child abduction.

5
(b) "Respondent" means a person against whom a proceeding

6
has been commenced for enforcement of a child-custody determina-

7
tion or enforcement of an order for the return of a child under

8
the Hague convention on the civil aspects of international child

9
abduction.

10
Sec. 302. (1) This article may be invoked to enforce 1 or

11
both of the following:

12
(a) A child-custody determination.

13
(b) An order for the return of a child made under the Hague

14
convention on the civil aspects of international child

15
abduction.

16
(2) A court of this state that does not have jurisdiction to

17
modify a child-custody determination may issue a temporary order

18
enforcing either of the following:

19
(a) A parenting time schedule made by a court of another

20
state.

21
(b) The parenting time provisions of a child-custody deter-

22
mination of another state that does not provide for a specific

23
parenting time schedule.

24
(3) If a court of this state makes an order under subsection

25
(2)(b), it shall specify in the order a period that it considers

26
adequate to allow the petitioner to obtain an order from a court

27
having jurisdiction under the criteria specified in article 2.

02109'01 22

1
The order remains in effect until an order is obtained from the

2
other court or the period expires.

3
Sec. 303. (1) A court of this state shall recognize and

4
enforce a child-custody determination of a court of another state

5
if the latter court exercised jurisdiction that was in substan-

6
tial conformity with this act or the child-custody determination

7
was made under factual circumstances meeting the jurisdictional

8
standards of this act and the child-custody determination has not

9
been modified in accordance with this act.

10
(2) A court of this state may utilize a remedy available

11
under another law of this state to enforce a child-custody deter-

12
mination made by a court of another state. The procedure pro-

13
vided by this article does not affect the availability of other

14
remedies to enforce a child-custody determination.

15
Sec. 304. (1) A child-custody determination issued by a

16
court of another state may be registered in this state, with or

17
without a simultaneous request for enforcement, by sending all of

18
the following to the circuit court in this state:

19
(a) A letter or other document requesting registration.

20
(b) Two copies, including 1 certified copy, of the

21
child-custody determination sought to be registered, and a state-

22
ment under penalty of perjury that, to the best of the knowledge

23
and belief of the person seeking registration, the child-custody

24
determination has not been modified.

25
(c) Except as otherwise provided in section 209, the name

26
and address of the person seeking registration and of each parent

27
or person acting as a parent who has been awarded custody or

02109'01 23

1
parenting time in the child-custody determination sought to be

2
registered.

3
(2) On receipt of the documents required by subsection (1),

4
the registering court shall do both of the following:

5
(a) Cause the child-custody determination to be filed as a

6
foreign judgment, together with 1 copy of any accompanying docu-

7
ments and information, regardless of form.

8
(b) Serve notice upon the persons named under subsection

9
(1)(c) and provide them with an opportunity to contest the regis-

10
tration in accordance with this section.

11
(3) The notice required by subsection (2)(b) must state all

12
of the following:

13
(a) A registered child-custody determination is enforceable

14
as of the date of the registration in the same manner as a

15
child-custody determination issued by a court of this state.

16
(b) A hearing to contest the validity of the registered

17
child-custody determination must be requested within 21 days

18
after service of notice.

19
(c) Failure to contest the registration will result in con-

20
firmation of the child-custody determination and preclude further

21
contest of that child-custody determination with respect to a

22
matter that could have been asserted.

23
(4) A person seeking to contest the validity of a registered

24
child-custody determination must request a hearing within 21 days

25
after service of the notice under subsection (2). At that hear-

26
ing, the court shall confirm the registered child-custody

02109'01 24

1
determination unless the person contesting registration

2
establishes 1 of the following:

3
(a) The issuing court did not have jurisdiction under

4
article 2.

5
(b) The child-custody determination sought to be registered

6
has been vacated, stayed, or modified by a court of a state

7
having jurisdiction to do so under article 2.

8
(c) The person contesting registration was entitled to

9
notice in the proceedings before the court that issued the

10
child-custody determination for which registration is sought, but

11
notice of those proceedings was not given in accordance with the

12
standards of section 108.

13
(5) If a timely request for a hearing to contest the valid-

14
ity of the registration is not made, the registration is con-

15
firmed as a matter of law, and the person requesting registration

16
and each person served must be notified of the confirmation.

17
(6) Confirmation of a registered child-custody determina-

18
tion, whether by operation of law or after notice and hearing,

19
precludes further contest of the child-custody determination with

20
respect to a matter that could have been asserted at the time of

21
registration.

22
Sec. 305. (1) A court of this state may grant any relief

23
normally available under the law of this state to enforce a reg-

24
istered child-custody determination made by a court of another

25
state.

02109'01 25

1
(2) A court of this state shall recognize and enforce, but

2
shall not modify except in accordance with article 2, a

3
registered child-custody determination of another state.

4
Sec. 306. If a proceeding for enforcement under this arti-

5
cle is commenced in this state and a court of this state deter-

6
mines that a proceeding to modify the child-custody determination

7
has been commenced in another state having jurisdiction to modify

8
the child-custody determination under article 2, the enforcing

9
court shall immediately communicate with the modifying court.

10
The proceeding for enforcement continues unless the enforcing

11
court, after consultation with the modifying court, stays or dis-

12
misses the proceeding.

13
Sec. 307. (1) A petition under this article must be

14
verified. A certified copy of a child-custody determination

15
sought to be enforced and of the order confirming registration,

16
if any, must be attached to the petition. A copy of a certified

17
copy of an order may be attached instead of the original.

18
(2) A petition for enforcement of a child-custody determina-

19
tion must state all of the following:

20
(a) Whether the court that issued the child-custody determi-

21
nation identified the jurisdictional basis it relied upon in

22
exercising jurisdiction and, if so, what the basis was.

23
(b) Whether the child-custody determination for which

24
enforcement is sought has been vacated, stayed, or modified by a

25
court whose decision must be enforced under this act or federal

26
law and, if so, identify the court, the case number of the

27
proceeding, and the action taken.

02109'01 26

1
(c) Whether a proceeding has been commenced that could

2
affect the current proceeding, including a proceeding relating to

3
domestic violence, a protective order, termination of parental

4
rights, or adoption and, if so, identify the court and the case

5
number and nature of the proceeding.

6
(d) The present physical address of the child and the

7
respondent, if known.

8
(e) Whether relief in addition to the immediate physical

9
custody of the child and attorney fees is sought, including a

10
request for assistance from law enforcement officials and, if so,

11
the relief sought.

12
(f) If the child-custody determination has been registered

13
and confirmed under section 304, the date and place of

14
registration.

15
(3) Upon the filing of a petition under this article, the

16
court shall issue an order directing the respondent to appear

17
with or without the child at a hearing and may enter any order

18
necessary to ensure the safety of the parties and the child. The

19
court shall hold the hearing on the next judicial day after serv-

20
ice of the order unless that date is impossible. In that event,

21
the court shall hold the hearing on the first judicial day

22
possible. The court may extend the date of hearing at the

23
request of the petitioner.

24
(4) An order issued under subsection (3) must state the time

25
and place of the hearing and must advise the respondent that at

26
the hearing the court will order the delivery of the child and

27
the payment of fees, costs, and expenses under section 311, and

02109'01 27

1
may schedule an additional hearing to determine whether further

2
relief is appropriate, unless the respondent appears and estab-

3
lishes either of the following:

4
(a) The child-custody determination has not been registered

5
and confirmed under section 304 and 1 or more of the following:

6
(i) The issuing court did not have jurisdiction under

7
article 2.

8
(ii) The child-custody determination for which enforcement

9
is sought has been vacated, stayed, or modified by a court of a

10
state having jurisdiction to do so under article 2 or federal

11
law.

12
(iii) The respondent was entitled to notice, but notice was

13
not given in accordance with the standards of section 108 in the

14
proceedings before the court that issued the order for which

15
enforcement is sought.

16
(b) The child-custody determination for which enforcement is

17
sought was registered and confirmed under section 304, but has

18
been vacated, stayed, or modified by a court of a state having

19
jurisdiction to do so under article 2 or federal law.

20
Sec. 308. Except as otherwise provided in section 310, the

21
petition and order must be served, by a method authorized by the

22
law of this state, upon respondent and any person who has physi-

23
cal custody of the child.

24
Sec. 309. (1) Unless the court issues a temporary emergency

25
order as provided in section 204, upon a finding that a peti-

26
tioner is immediately entitled to the physical custody of the

27
child, the court shall order the child delivered to the

02109'01 28

1
petitioner unless the respondent establishes either of the

2
following:

3
(a) The child-custody determination has not been registered

4
and confirmed under section 304 and 1 or more of the following:

5
(i) The issuing court did not have jurisdiction under

6
article 2.

7
(ii) The child-custody determination for which enforcement

8
is sought has been vacated, stayed, or modified by a court of a

9
state having jurisdiction to do so under article 2 or federal

10
law.

11
(iii) The respondent was entitled to notice, but notice was

12
not given in accordance with the standards of section 108 in the

13
proceedings before the court that issued the order for which

14
enforcement is sought.

15
(b) The child-custody determination for which enforcement is

16
sought was registered and confirmed under section 304, but has

17
been vacated, stayed, or modified by a court of a state having

18
jurisdiction to do so under article 2 or federal law.

19
(2) The court shall award the fees, costs, and expenses

20
authorized under section 311 and may grant additional relief,

21
including a request for the assistance of law enforcement offi-

22
cials, and schedule a further hearing to determine whether addi-

23
tional relief is appropriate.

24
(3) If a party called to testify refuses to answer on the

25
grounds that the testimony may be self-incriminating, the court

26
may draw an adverse inference from the refusal.

02109'01 29

1
(4) A privilege against disclosure of communications between

2
spouses and a defense of immunity based on the relationship of

3
husband and wife or parent and child cannot be invoked in a pro-

4
ceeding under this article.

5
Sec. 310. (1) Upon the filing of a petition seeking

6
enforcement of a child-custody determination, the petitioner may

7
file a verified application for the issuance of a warrant to take

8
physical custody of the child if the child is likely to suffer

9
serious imminent physical harm or be removed from this state.

10
(2) If the court, upon the testimony of the petitioner or

11
other witness, finds that the child is likely to suffer serious

12
imminent physical harm or be imminently removed from this state,

13
the court may issue a warrant to take physical custody of the

14
child. The court shall hold a hearing on the petition on the

15
next judicial day after the warrant is executed. A warrant

16
issued under this section must include the statements required in

17
an enforcement petition by section 307.

18
(3) A warrant to take physical custody of a child must

19
include at least the following:

20
(a) A recitation of the facts upon which a conclusion of

21
serious imminent physical harm or imminent removal from the

22
jurisdiction is based.

23
(b) An order directing law enforcement officers to take

24
physical custody of the child immediately.

25
(c) Provisions for the placement of the child pending final

26
relief.

02109'01 30

1
(4) The respondent must be served with the petition,

2
warrant, and order immediately after the child is taken into

3
physical custody.

4
(5) A warrant to take physical custody of a child is

5
enforceable throughout this state. If the court finds on the

6
basis of the testimony of the petitioner or another witness that

7
a less intrusive remedy is not effective, the court may authorize

8
law enforcement officers to enter private property to take physi-

9
cal custody of the child. If required by exigent circumstances,

10
the court may authorize law enforcement officers to make a forc-

11
ible entry at any hour.

12
(6) The court may impose conditions upon placement of a

13
child to ensure the appearance of the child and the child's

14
custodian.

15
Sec. 311. (1) The court shall award the prevailing party,

16
including a state, necessary and reasonable expenses incurred by

17
or on behalf of the party, including costs, communication

18
expenses, attorney fees, investigative fees, witness expenses,

19
travel expenses, and child care expenses during the course of the

20
proceedings, unless the party from whom fees or expenses are

21
sought establishes that the award would be clearly

22
inappropriate.

23
(2) The court shall not assess fees, costs, or expenses

24
against a state except as otherwise provided by law other than

25
this act.

26
Sec. 312. A court of this state shall accord full faith and

27
credit to an order issued by another state and consistent with

02109'01 31

1
this act that enforces a child-custody determination by a court

2
of another state unless the order has been vacated, stayed, or

3
modified by a court having jurisdiction to do so under

4
article 2.

5
Sec. 313. An appeal may be taken from a final order in a

6
proceeding under this article in accordance with expedited appel-

7
late procedures in other civil cases. Unless the court enters a

8
temporary emergency order under section 204, the enforcing court

9
may not stay an order enforcing a child-custody determination

10
pending appeal.

11
Sec. 314. (1) In a case arising under this act or involving

12
the Hague convention on the civil aspects of international child

13
abduction, a prosecutor or the attorney general may take any

14
lawful action, including resort to a proceeding under this arti-

15
cle or another available civil proceeding, to locate a child,

16
obtain the return of a child, or enforce a child-custody determi-

17
nation if there is 1 or more of the following:

18
(a) An existing child-custody determination.

19
(b) A request from a court in a pending child-custody

20
proceeding.

21
(c) A reasonable belief that a criminal statute has been

22
violated.

23
(d) A reasonable belief that the child has been wrongfully

24
removed or retained in violation of the Hague convention on the

25
civil aspects of international child abduction.

02109'01 32

1
(2) A prosecutor or the attorney general acting under this

2
section acts on behalf of the court and shall not represent a

3
party to a child-custody determination.

4
Sec. 315. At the request of a prosecutor or the attorney

5
general acting under section 314, a law enforcement officer may

6
take any lawful action reasonably necessary to locate a child or

7
a party and to assist the prosecutor or attorney general with

8
responsibilities under section 314.

9
Sec. 316. If the respondent is not the prevailing party,

10
the court may assess against the respondent all direct expenses

11
and costs incurred by the prosecutor or attorney general and law

12
enforcement officers under section 314 or 315.

13
ARTICLE 4

14
MISCELLANEOUS

15
Sec. 401. In applying and construing this uniform act, the

16
court shall give consideration to the need to promote uniformity

17
of the law with respect to its subject matter among states that

18
enact it.

19
Sec. 405. A motion or other request for relief made in a

20
child-custody or enforcement proceeding that was commenced before

21
the effective date of this act is governed by the law in effect

22
at the time the motion or other request was made.

23
Sec. 406. (1) Chapter 6a of the revised judicature act of

24
1961, 1961 PA 236, MCL 600.651 to 600.673, is repealed.

25
(2) This act takes effect January 1, 2002.

02109'01 Final page. GWH