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have enacted laws relating to the protection of victims in domestic | | violence and child abuse cases which provide for the | | confidentiality of victims names, addresses, and other information. | | These procedures must be followed if the child-custody proceeding | | of the State requires their applicability. See, e.g., California | | Family Law Code § 3409(a). If a State does not have local law that | | provides for protecting names and addresses, then subsection (e) | | [Me. cite subsection 5] or a similar provision should be adopted. | | Subsection (e) [Me. cite subsection 5] is based on the National | | Council of Juvenile and Family Court Judge's, Model Code on | | Domestic and Family Violence § 304(c). There are other models to | | choose from, in particular UIFSA § 312. |
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| | | In subsection (a)(2) [Me. cite subsection 1, paragraph B], the | | term "proceedings" should be read broadly to include more than | | custody proceedings. Thus, if one parent was being criminally | | prosecuted for child abuse or custodial interference, those | | proceedings should be disclosed. If the child is subject to the | | Interstate Compact on the Placement of Children, facts relating | | to compliance with the Compact should be disclosed in the | | pleading or affidavit. |
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| | | Subsection (b) [Me. cite subsection 2] has been added. It | | authorizes the court to stay the proceeding until the information | | required in subsection (a) [Me. cite subsection 1] has been | | disclosed, although failure to provide the information does not | | deprive the court of jurisdiction to hear the case. This follows | | the majority of jurisdictions which held that failure to comply | | with the pleading requirements of the UCCJA did not deprive the | | court of jurisdiction to make a custody determination. |
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| | | §1754.__Appearance of parties and child |
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| | | 1.__Appearance of party or other persons in this State.__In a | | child custody proceeding in this State, the court may order a | | party to the proceeding who is in this State to appear before the | | court in person with or without the child.__The court may order | | any person who is in this State and who has physical custody or | | control of the child to appear in person with the child. |
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| | | 2.__Appearance of party outside this State.__If a party to a | | child custody proceeding whose presence is desired by the court | | is outside this State, the court may order that a notice given | | pursuant to section 1738 include a statement directing the party | | to appear in person with or without the child and informing the | | party that failure to appear may result in a decision adverse to | | the party. |
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