LD 432
pg. 44
Page 43 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 45 of 63
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LR 316
Item 1

 
3.__Orders to ensure safety.__The court may enter any orders
necessary to ensure the safety of the child and of any person
ordered to appear under this section.

 
4.__Payment of travel and other expenses.__If a party to a
child custody proceeding who is outside this State is directed to
appear under subsection 2 or desires to appear personally before
the court with or without the child, the court may require
another party to pay reasonable and necessary travel and other
expenses of the party so appearing and of the child.

 
Uniform Comment

 
No major changes have been made to this section which was
Section 11 of the UCCJA. Language was added to subsection (a)
[Me. cite subsection 1] to authorize the court to require a non-
party who has physical custody of the child to produce the child.

 
Subsection (c) [Me. cite subsection 3] authorizes the court to
enter orders providing for the safety of the child and the person
ordered to appear with the child. If safety is a major concern,
the court, as an alternative to ordering a party to appear with
the child, could order and arrange for the party's testimony to
be taken in another State under Section 111 [Me. cite section
1741]. This alternative might be important when there are safety
concerns regarding requiring victims of domestic violence or
child abuse to travel to the jurisdiction where the abuser
resides.

 
SUBCHAPTER III

 
ENFORCEMENT

 
§1761.__Definitions

 
As used in this subchapter, unless the context otherwise
indicates, the following terms have the following meanings.

 
1.__Petitioner.__"Petitioner" means a person who seeks
enforcement of an order for return of a child under the Hague
Convention on the Civil Aspects of International Child Abduction
or enforcement of a child custody determination.

 
2.__Respondent.__"Respondent" means a person against whom a
proceeding has been commenced for enforcement of an order for
return of a child under the Hague Convention on the Civil Aspects
of International Child Abduction or enforcement of a child
custody determination.

 
Uniform Comment


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