LD 432
pg. 59
Page 58 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 60 of 63
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LR 316
Item 1

 
The term "prevailing party" is not given a special definition for
this Act. Each State will apply its own standard.

 
Subsection (b) [Me. cite subsection 2] was added to ensure
that this section would not apply to the State unless otherwise
authorized. The language is taken from UIFSA § 313 (court may
assess costs against obligee or support enforcement agency only
if allowed by local law).

 
§1773.__Recognition and enforcement

 
A court of this State shall accord full faith and credit to an
order issued by another state and consistent with this chapter
that enforces a child custody determination by a court of another
state unless the order has been vacated, stayed or modified by a
court having jurisdiction to do so under subchapter II.

 
Uniform Comment

 
The enforcement order, to be effective, must also be enforced
by other States. This section requires courts of this State to
enforce and not modify enforcement orders issued by other States
when made consistently with the provisions of this Act.

 
§1774.__Appeals

 
An appeal may be taken from a final order in a proceeding
under this subchapter in accordance with expedited appellate
procedures in other civil cases.__Unless the court enters a
temporary emergency order under section 1764, the enforcing court
may not stay an order enforcing a child custody determination
pending appeal.

 
Uniform Comment

 
The order may be appealed as an expedited civil matter. An
enforcement order should not be stayed by the court. Provisions
for a stay would defeat the purpose of having a quick enforcement
procedure. If there is a risk of serious mistreatment or abuse
to the child, a petition to assume emergency jurisdiction must be
filed under Section 204 [Me. cite section 1748]. This section
leaves intact the possibility of obtaining an extraordinary
remedy such as mandamus or prohibition from an appellate court to
stay the court's enforcement action. In many States, it is not
possible to limit the constitutional authority of appellate
courts to issue a stay. However, unless the information before
the appellate panel indicates that emergency jurisdiction would


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