LD 432
pg. 34
Page 33 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 35 of 63
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LR 316
Item 1

 
the custody determination to be entitled to full faith and credit
under that Act.

 
State laws also vary with regard to whether a court has the
power to issue an enforceable temporary custody order without
notice and hearing in a case without any interstate element.
Such temporary orders may be enforceable, as against due process
objections, for a short period of time if issued as a protective
order or a temporary restraining order to protect a child from
harm. Whether such orders are enforceable locally is beyond the
scope of this Act. Subsection (b) [Me. cite subsection 2]
clearly provides that the validity of such orders and the
enforceability of such orders is governed by the law which
authorizes them and not by this Act. An order is entitled to
interstate enforcement and nonmodification under this Act only if
there has been notice and an opportunity to be heard. The PKPA,
§ 1738A(e), also requires that a custody determination is
entitled to full faith and credit only if there has been notice
and an opportunity to be heard.

 
Rules requiring joinder of people with an interest in the
custody of and visitation with a child also vary widely
throughout the country. The UCCJA has a separate section on
joinder of parties which has been eliminated. The issue of who
is entitled to intervene and who must be joined in a custody
proceeding is to be determined by local state law.

 
A sentence of the UCCJA § 4 which indicated that persons
outside the State were to be given notice and an opportunity to
be heard in accordance with the provision of that Act has been
eliminated as redundant.

 
§1750.__Simultaneous proceedings

 
1.__Pending proceeding in another state.__Except as otherwise
provided in section 1748, a court of this State may not exercise
its jurisdiction under this subchapter if, at the time of the
commencement of the proceeding, a proceeding concerning the
custody of the child has been commenced in a court of another
state having jurisdiction substantially in conformity with this
chapter, unless the proceeding has been terminated or is stayed
by the court of the other State because a court of this State is
a more convenient forum under section 1751.

 
2.__Examination of documents; communication with court.__
Except as otherwise provided in section 1748, a court of this
State, before hearing a child custody proceeding, shall examine
the court documents and other information supplied by the parties
pursuant to section 1753.__If the court determines that a child
custody
proceeding has been commenced in a court in another state


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