| 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 |