LD 432
pg. 31
Page 30 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 32 of 63
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LR 316
Item 1

 
provides, when the State that issues the order becomes the home
State of the child.

 
Subsection (c) [Me. cite subsection 3] is concerned with the
temporary nature of the order when there exists a prior custody
order that is entitled to be enforced under this Act or when a
subsequent custody proceeding is filed in a State with
jurisdiction under Sections 201-203 [Me. cite sections 1745 to
1747]. Subsection (c) [Me. cite subsection 3] allows the
temporary order to remain in effect only so long as is necessary
for the person who obtained the determination under this section
to present a case and obtain an order from the State with
jurisdiction under Sections 201-203 [Me. cite sections 1745 to
1747]. That time period must be specified in the order. If
there is an existing order by a State with jurisdiction under
Sections 201-203 [Me. cite sections 1745 to 1747], that order
need not be reconfirmed. The temporary emergency determination
would lapse by its own terms at the end of the specified period
or when an order is obtained from the court with jurisdiction
under Sections 202-203 [Me. cite sections 1746 and 1747]. The
court with appropriate jurisdiction also may decide, under the
provisions of 207 [Me. cite subsection 1751], that the court that
entered the emergency order is in a better position to address
the safety of the person who obtained the emergency order, or the
child, and decline jurisdiction under Section 207 [Me. cite
subsection 1751].

 
Any hearing in the State with jurisdiction under Sections 201-
203 [Me. cite sections 1745 to 1747] on the temporary emergency
determination is subject to the provisions of Sections 111 and
112 [Me. cite sections 1741 and 1742]. These sections facilitate
the presentation of testimony and evidence taken out of State.
If there is a concern that the person obtaining the temporary
emergency determination under this section would be in danger
upon returning to the State with jurisdiction under Sections 201-
203 [Me. cite sections 1745 to 1747], these provisions should be
used.

 
Subsection (d) [Me. cite subsection 4] requires communication
between the court of the State that is exercising jurisdiction
under this section and the court of another State that is
exercising jurisdiction under Sections 201-203 [Me. cite sections
1745 to 1747]. The pleading rules of Section 209 [Me. cite
section 1753] apply fully to determinations made under this
section. Therefore, a person seeking a temporary emergency
custody determination is required to inform the court pursuant to
Section 209(d) [Me. cite section 1753, subsection 4] of any
proceeding concerning the child that has been commenced
elsewhere. The person commencing the custody proceeding under
Sections 201-203 [Me. cite sections 1745 to 1747] is required


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