LD 432
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Page 20 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 22 of 63
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LR 316
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4.__Preservation of records.__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.

 
Uniform Comment

 
This section is the heart of judicial cooperation provision of
this Act. It provides mechanisms for courts to cooperate with
each other in order to decide cases in an efficient manner
without causing undue expense to the parties. Courts may request
assistance from courts of other States and may assist courts of
other States.

 
The provision on the assessment of costs for travel provided
in the UCCJA § 19 has been changed. The UCCJA provided that the
costs may be assessed against the parties or the State or county.
Assessment of costs against a government entity in a case where
the government is not involved is inappropriate and therefore
that provision has been removed. In addition, if the State is
involved as a party, assessment of costs and expenses against the
State must be authorized by other law. It should be noted that
the term "expenses" means out-of-pocket costs. Overhead costs
should not be assessed as expenses.

 
No other substantive changes have been made. The term "social
study" as used in the UCCJA was replaced with the modern term:
"custody evaluation." The Act does not take a position on the
admissibility of a custody evaluation that was conducted in
another State. It merely authorizes a court to seek assistance
of, or render assistance to, a court of another State.

 
This section combines the text of Sections 1922 of the UCCJA.

 
SUBCHAPTER II

 
JURISDICTION

 
§1745.__Initial child custody jurisdiction

 
1.__Jurisdiction over initial determination.__Except as
otherwise provided in section 1748, 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


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