| 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 |