LD 432
pg. 50
Page 49 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 51 of 63
Download Bill Text
LR 316
Item 1

 
1.__Any relief normally available.__A court of this State may
grant any relief normally available under the law of this State to
enforce a registered child custody determination made by a court of
another state.

 
2.__Recognition and enforcement without modification.__A court
of this State shall recognize and enforce, but may not modify,
except in accordance with subchapter II, a registered child
custody determination of a court of another state.

 
Uniform Comment

 
A registered child-custody determination can be enforced as if
it was a child-custody determination of this State. However, it
remains a custody determination of the State that issued it. A
registered custody order is not subject to modification unless
the State would have jurisdiction to modify the order under
Article 2 [Me. cite subchapter II].

 
§1767.__Simultaneous proceedings

 
If a proceeding for enforcement under this subchapter is
commenced in a court of this State and the court determines that
a proceeding to modify the determination is pending in a court of
another state having jurisdiction to modify the determination
under subchapter II, the enforcing court shall immediately
communicate with the modifying court. The proceeding for
enforcement continues unless the enforcing court, after
consultation with the modifying court, stays or dismisses the
proceeding.

 
Uniform Comment

 
The pleading rules of Section 308 [Me. cite section 1768],
require the parties to disclose any pending proceedings.
Normally, an enforcement proceeding will take precedence over a
modification action since the PKPA requires enforcement of child
custody determinations made in accordance with its terms.
However, the enforcement court must communicate with the
modification court in order to avoid duplicative litigation. The
courts might decide that the court with jurisdiction under
Article 2 [Me. cite subchapter II] shall continue with the
modification action and stay the enforcement proceeding. Or they
might decide that the enforcement proceeding shall go forward.
The ultimate decision rests with the court having exclusive,
continuing jurisdiction under Section 202 [Me. cite section
1746], or if there is no State with exclusive, continuing
jurisdiction, then the decision rests with the State that would
have jurisdiction to modify under
Section 203 [Me. cite section


Page 49 of 63 Top of Page Page 51 of 63