§1761. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] 1. Petitioner. “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the […]
§1762. Enforcement under Hague Convention Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, […]
§1763. Duty to enforce 1. Recognition and enforcement of determination of another state. 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 […]
§1764. Temporary visitation 1. Temporary order for enforcement. 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 [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 […]
§1765. Registration of child custody determination 1. Registration procedure. 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, by sending to the appropriate court in this State: A. A letter or other document requesting registration; [PL 1999, […]
§1766. Enforcement of registered determination 1. Any relief normally available. 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. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] 2. […]
§1767. Simultaneous proceedings If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II, the enforcing court shall immediately communicate with the […]
§1768. Expedited enforcement of child custody determination 1. Petition for enforcement verified. A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of […]
§1769. Service of petition and order Except as otherwise provided in section 1771, 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. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 […]
§1770. Hearing and order 1. Immediate physical custody of child. Unless the court issues a temporary emergency order pursuant to section 1748, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent […]
§1771. Warrant to take physical custody of child 1. Application for warrant. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical […]
§1772. Costs, fees and expenses 1. Award to prevailing party; exception. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, […]
§1773. 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 […]
§1774. Appeals An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 1764, the enforcing court may not stay an order enforcing a child custody determination pending appeal. [PL […]
§1775. Role of prosecutor 1. Action by prosecutor. 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 subchapter or any other available civil proceeding to locate a child, obtain the […]
§1776. Role of law enforcement At the request of a prosecutor acting under section 1775, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under section 1775. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] […]
§1777. 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 section 1775 or 1776. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] SECTION HISTORY PL 1999, c. […]
