HOUSE BILL No. 5655 March 11, 1998, Introduced by Rep. Baird and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 6B; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER 6B 2 SEC. 675. THIS CHAPTER SHALL BE KNOWN AS THE "UNIFORM 3 CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT". 4 SEC. 676. AS USED IN THIS ACT: 5 (A) "ABANDONED" MEANS LEFT WITHOUT PROVISION FOR REASONABLE 6 AND NECESSARY CARE OR SUPERVISION. 7 (B) "CHILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED 18 8 YEARS OF AGE. 9 (C) "CHILD-CUSTODY DETERMINATION" MEANS A JUDGMENT, DECREE, 10 OR OTHER ORDER OF A COURT PROVIDING FOR THE LEGAL CUSTODY, 04750'97 RJA 2 1 PHYSICAL CUSTODY, OR VISITATION WITH RESPECT TO A CHILD. THE 2 TERM INCLUDES A PERMANENT, TEMPORARY, INITIAL, AND MODIFICATION 3 ORDER. THE TERM DOES NOT INCLUDE AN ORDER RELATING TO CHILD SUP- 4 PORT OR OTHER MONETARY OBLIGATION OF AN INDIVIDUAL. 5 (D) "CHILD-CUSTODY PROCEEDING" MEANS A PROCEEDING IN WHICH 6 LEGAL CUSTODY, PHYSICAL CUSTODY, OR VISITATION WITH RESPECT TO A 7 CHILD IS AN ISSUE. THE TERM INCLUDES A PROCEEDING FOR DIVORCE, 8 SEPARATION, NEGLECT, ABUSE, DEPENDENCY, GUARDIANSHIP, PATERNITY, 9 TERMINATION OF PARENTAL RIGHTS, AND PROTECTION FROM DOMESTIC VIO- 10 LENCE, IN WHICH THE ISSUE MAY APPEAR. THE TERM DOES NOT INCLUDE 11 A PROCEEDING INVOLVING JUVENILE DELINQUENCY, CONTRACTUAL EMANCI- 12 PATION, OR ENFORCEMENT UNDER SECTIONS 689 TO 698D. 13 (E) "COMMENCEMENT" MEANS THE FILING OF THE FIRST PLEADING IN 14 A PROCEEDING. 15 (F) "COURT" MEANS AN ENTITY AUTHORIZED UNDER THE LAW OF A 16 STATE TO ESTABLISH, ENFORCE, OR MODIFY A CHILD-CUSTODY 17 DETERMINATION. 18 (G) "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED WITH 19 A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST 6 CONSECU- 20 TIVE MONTHS IMMEDIATELY BEFORE THE COMMENCEMENT OF A 21 CHILD-CUSTODY PROCEEDING. IN THE CASE OF A CHILD LESS THAN 6 22 MONTHS OF AGE, THE TERM MEANS THE STATE IN WHICH THE CHILD LIVED 23 FROM BIRTH WITH A PARENT OR PERSON ACTING AS A PARENT. A PERIOD 24 OF TEMPORARY ABSENCE OF A PARENT OR PERSON ACTING AS A PARENT IS 25 INCLUDED AS PART OF THE PERIOD. 26 (H) "INITIAL DETERMINATION" MEANS THE FIRST CHILD-CUSTODY 27 DETERMINATION CONCERNING A PARTICULAR CHILD. 04750'97 3 1 (I) "ISSUING COURT" MEANS THE COURT THAT MAKES A 2 CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT IS SOUGHT UNDER 3 THIS ACT. 4 (J) "ISSUING STATE" MEANS THE STATE IN WHICH A CHILD-CUSTODY 5 DETERMINATION IS MADE. 6 (K) "MODIFICATION" MEANS A CHILD-CUSTODY DETERMINATION THAT 7 CHANGES, REPLACES, SUPERSEDES, OR IS OTHERWISE MADE AFTER A PRE- 8 VIOUS DETERMINATION CONCERNING THE SAME CHILD, WHETHER OR NOT IT 9 IS MADE BY THE COURT THAT MADE THE PREVIOUS DETERMINATION. 10 (l) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 11 TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, 12 ASSOCIATION, JOINT VENTURE, OR GOVERNMENT; GOVERNMENTAL SUBDIVI- 13 SION, AGENCY, OR INSTRUMENTALITY; PUBLIC CORPORATION; OR ANY 14 OTHER LEGAL OR COMMERCIAL ENTITY. 15 (M) "PERSON ACTING AS A PARENT" MEANS A PERSON, OTHER THAN A 16 PARENT, WHO MEETS THE FOLLOWING CRITERIA: 17 (i) HAS PHYSICAL CUSTODY OF THE CHILD OR HAS HAD PHYSICAL 18 CUSTODY FOR A PERIOD OF 6 CONSECUTIVE MONTHS, INCLUDING ANY TEM- 19 PORARY ABSENCE, WITHIN 1 YEAR IMMEDIATELY BEFORE THE COMMENCEMENT 20 OF A CHILD-CUSTODY PROCEEDING. 21 (ii) HAS BEEN AWARDED LEGAL CUSTODY BY A COURT OR CLAIMS A 22 RIGHT TO LEGAL CUSTODY UNDER THE LAW OF THIS STATE. 23 (N) "PHYSICAL CUSTODY" MEANS THE PHYSICAL CARE AND SUPERVI- 24 SION OF A CHILD. 25 (O) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT 26 OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR 04750'97 4 1 ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION 2 OF THE UNITED STATES. 3 (P) "TRIBE" MEANS AN INDIAN TRIBE OR BAND, OR ALASKAN NATIVE 4 VILLAGE, WHICH IS RECOGNIZED BY FEDERAL LAW OR FORMALLY ACKNOWL- 5 EDGED BY A STATE. 6 (Q) "WARRANT" MEANS AN ORDER ISSUED BY A COURT AUTHORIZING 7 LAW ENFORCEMENT OFFICERS TO TAKE PHYSICAL CUSTODY OF A CHILD. 8 SEC. 677. THIS ACT DOES NOT GOVERN AN ADOPTION PROCEEDING 9 OR A PROCEEDING PERTAINING TO THE AUTHORIZATION OF EMERGENCY MED- 10 ICAL CARE FOR A CHILD. 11 SEC. 678. (1) A CHILD-CUSTODY PROCEEDING THAT PERTAINS TO 12 AN INDIAN CHILD AS DEFINED IN THE INDIAN CHILD WELFARE ACT OF 13 1978, PUBLIC LAW 95-608, 25 U.S.C. 1901 TO 1903, 1911 TO 1923, 14 1931 TO 1934, 1951 TO 1952, AND 1961 TO 1963, IS NOT SUBJECT TO 15 THIS ACT TO THE EXTENT THAT THE PROCEEDING IS GOVERNED BY THE 16 INDIAN CHILD WELFARE ACT OF 1978, PUBLIC LAW 95-608, 25 17 U.S.C. 1901 TO 1903, 1911 TO 1923, 1931 TO 1934, 1951 TO 1952, 18 AND 1961 TO 1963. 19 (2) A COURT OF THIS STATE SHALL TREAT A TRIBE AS IF IT WERE 20 A STATE OF THE UNITED STATES FOR THE PURPOSE OF APPLYING 21 SECTIONS 675 TO 688. 22 (3) A CHILD-CUSTODY DETERMINATION MADE BY A TRIBE UNDER FAC- 23 TUAL CIRCUMSTANCES IN SUBSTANTIAL CONFORMITY WITH THE JURISDIC- 24 TIONAL STANDARDS OF THIS ACT MUST BE RECOGNIZED AND ENFORCED 25 UNDER SECTIONS 689 TO 698D. 04750'97 5 1 SEC. 679. (1) A COURT OF THIS STATE SHALL TREAT A FOREIGN 2 COUNTRY AS IF IT WERE A STATE OF THE UNITED STATES FOR THE 3 PURPOSE OF APPLYING SECTIONS 675 TO 688. 4 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A 5 CHILD-CUSTODY DETERMINATION MADE IN A FOREIGN COUNTRY UNDER FAC- 6 TUAL CIRCUMSTANCES IN SUBSTANTIAL CONFORMITY WITH THE JURISDIC- 7 TIONAL STANDARDS OF THIS ACT MUST BE RECOGNIZED AND ENFORCED 8 UNDER SECTIONS 689 TO 698D. 9 (3) A COURT OF THIS STATE NEED NOT APPLY THIS ACT IF THE 10 CHILD-CUSTODY LAW OF A FOREIGN COUNTRY VIOLATES FUNDAMENTAL PRIN- 11 CIPLES OF HUMAN RIGHTS. 12 SEC. 680. A CHILD-CUSTODY DETERMINATION MADE BY A COURT OF 13 THIS STATE THAT HAD JURISDICTION UNDER THIS ACT BINDS ALL PERSONS 14 WHO HAVE BEEN SERVED IN ACCORDANCE WITH THE LAWS OF THIS STATE OR 15 NOTIFIED IN ACCORDANCE WITH SECTION 682 OR WHO HAVE SUBMITTED TO 16 THE JURISDICTION OF THE COURT, AND WHO HAVE BEEN GIVEN AN OPPOR- 17 TUNITY TO BE HEARD. AS TO THOSE PERSONS, THE DETERMINATION IS 18 CONCLUSIVE AS TO ALL DECIDED ISSUES OF LAW AND FACT EXCEPT TO THE 19 EXTENT THE DETERMINATION IS MODIFIED. 20 SEC. 681. IF A QUESTION OF EXISTENCE OR EXERCISE OF JURIS- 21 DICTION UNDER THIS ACT IS RAISED IN A CHILD-CUSTODY PROCEEDING, 22 THE QUESTION, UPON REQUEST OF A PARTY, MUST BE GIVEN PRIORITY ON 23 THE CALENDAR AND HANDLED EXPEDITIOUSLY. 24 SEC. 682. (1) NOTICE REQUIRED FOR THE EXERCISE OF JURISDIC- 25 TION WHEN A PERSON IS OUTSIDE THIS STATE MAY BE GIVEN IN A MANNER 26 PRESCRIBED BY THE LAW OF THIS STATE FOR SERVICE OF PROCESS OR BY 27 THE LAW OF THE STATE IN WHICH THE SERVICE IS MADE. NOTICE MUST 04750'97 6 1 BE GIVEN IN A MANNER REASONABLY CALCULATED TO GIVE ACTUAL NOTICE 2 BUT MAY BE BY PUBLICATION IF OTHER MEANS ARE NOT EFFECTIVE. 3 (2) PROOF OF SERVICE MAY BE MADE IN THE MANNER PRESCRIBED BY 4 THE LAW OF THIS STATE OR BY THE LAW OF THE STATE IN WHICH THE 5 SERVICE IS MADE. 6 (3) NOTICE IS NOT REQUIRED FOR THE EXERCISE OF JURISDICTION 7 WITH RESPECT TO A PERSON WHO SUBMITS TO THE JURISDICTION OF THE 8 COURT. 9 SEC. 683. (1) A PARTY TO A CHILD-CUSTODY PROCEEDING, 10 INCLUDING A MODIFICATION PROCEEDING, OR A PETITIONER OR RESPON- 11 DENT IN A PROCEEDING TO ENFORCE OR REGISTER A CHILD-CUSTODY 12 DETERMINATION, IS NOT SUBJECT TO PERSONAL JURISDICTION IN THIS 13 STATE FOR ANOTHER PROCEEDING OR PURPOSE SOLELY BY REASON OF 14 HAVING PARTICIPATED, OR HAVING BEEN PHYSICALLY PRESENT FOR THE 15 PURPOSE OF PARTICIPATING, IN THE PROCEEDING. 16 (2) A PERSON WHO IS SUBJECT TO PERSONAL JURISDICTION IN THIS 17 STATE ON A BASIS OTHER THAN PHYSICAL PRESENCE IS NOT IMMUNE FROM 18 SERVICE OF PROCESS IN THIS STATE. A PARTY PRESENT IN THIS STATE 19 WHO IS SUBJECT TO THE JURISDICTION OF ANOTHER STATE IS NOT IMMUNE 20 FROM SERVICE OF PROCESS ALLOWABLE UNDER THE LAWS OF THAT STATE. 21 (3) THE IMMUNITY GRANTED BY SUBSECTION (1) DOES NOT EXTEND 22 TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO THE PARTICIPATION 23 IN A PROCEEDING UNDER THIS ACT COMMITTED BY AN INDIVIDUAL WHILE 24 PRESENT IN THIS STATE. 25 SEC. 684. (1) A COURT OF THIS STATE MAY COMMUNICATE WITH A 26 COURT IN ANOTHER STATE CONCERNING A PROCEEDING ARISING UNDER THIS 27 ACT. 04750'97 7 1 (2) THE COURT MAY ALLOW THE PARTIES TO PARTICIPATE IN THE 2 COMMUNICATION. IF THE PARTIES ARE NOT ABLE TO PARTICIPATE IN THE 3 COMMUNICATION, THEY MUST BE GIVEN THE OPPORTUNITY TO PRESENT 4 FACTS AND LEGAL ARGUMENTS BEFORE A DECISION ON JURISDICTION IS 5 MADE. 6 (3) COMMUNICATION BETWEEN COURTS ON SCHEDULES, CALENDARS, 7 COURT RECORDS, AND SIMILAR MATTERS MAY OCCUR WITHOUT INFORMING 8 THE PARTIES. A RECORD NEED NOT BE MADE OF THE COMMUNICATION. 9 (4) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A RECORD 10 MUST BE MADE OF A COMMUNICATION UNDER THIS SECTION. THE PARTIES 11 MUST BE INFORMED PROMPTLY OF THE COMMUNICATION AND GRANTED ACCESS 12 TO THE RECORD. 13 (5) FOR THE PURPOSES OF THIS SECTION, "RECORD" MEANS INFOR- 14 MATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM OR THAT IS STORED 15 IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN PERCEIV- 16 ABLE FORM. 17 SEC. 684A. (1) IN ADDITION TO OTHER PROCEDURES AVAILABLE TO 18 A PARTY, A PARTY TO A CHILD-CUSTODY PROCEEDING MAY OFFER TESTI- 19 MONY OF WITNESSES WHO ARE LOCATED IN ANOTHER STATE, INCLUDING 20 TESTIMONY OF THE PARTIES AND THE CHILD, BY DEPOSITION OR OTHER 21 MEANS ALLOWABLE IN THIS STATE FOR TESTIMONY TAKEN IN ANOTHER 22 STATE. THE COURT ON ITS OWN MOTION MAY ORDER THAT THE TESTIMONY 23 OF A PERSON BE TAKEN IN ANOTHER STATE AND MAY PRESCRIBE THE 24 MANNER IN WHICH AND THE TERMS UPON WHICH THE TESTIMONY IS TAKEN. 25 (2) A COURT OF THIS STATE MAY PERMIT AN INDIVIDUAL RESIDING 26 IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY TELEPHONE, 27 AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS BEFORE A DESIGNATED 04750'97 8 1 COURT OR AT ANOTHER LOCATION IN THAT STATE. A COURT OF THIS 2 STATE SHALL COOPERATE WITH COURTS OF OTHER STATES IN DESIGNATING 3 AN APPROPRIATE LOCATION FOR THE DEPOSITION OR TESTIMONY. 4 (3) DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO A 5 COURT OF THIS STATE BY TECHNOLOGICAL MEANS THAT DO NOT PRODUCE AN 6 ORIGINAL WRITING MAY NOT BE EXCLUDED FROM EVIDENCE ON AN OBJEC- 7 TION BASED ON THE MEANS OF TRANSMISSION. 8 SEC. 684B. (1) A COURT OF THIS STATE MAY REQUEST THE APPRO- 9 PRIATE COURT OF ANOTHER STATE TO DO ANY OF THE FOLLOWING: 10 (A) HOLD AN EVIDENTIARY HEARING. 11 (B) ORDER A PERSON TO PRODUCE OR GIVE EVIDENCE PURSUANT TO 12 PROCEDURES OF THAT STATE. 13 (C) ORDER THAT AN EVALUATION BE MADE WITH RESPECT TO THE 14 CUSTODY OF A CHILD INVOLVED IN A PENDING PROCEEDING. 15 (D) FORWARD TO THE COURT OF THIS STATE A CERTIFIED COPY OF 16 THE TRANSCRIPT OF THE RECORD OF THE HEARING, THE EVIDENCE OTHER- 17 WISE PRESENTED, AND ANY EVALUATION PREPARED IN COMPLIANCE WITH 18 THE REQUEST. 19 (E) ORDER A PARTY TO A CHILD-CUSTODY PROCEEDING OR ANY 20 PERSON HAVING PHYSICAL CUSTODY OF THE CHILD TO APPEAR IN THE PRO- 21 CEEDING WITH OR WITHOUT THE CHILD. 22 (2) UPON REQUEST OF A COURT OF ANOTHER STATE, A COURT OF 23 THIS STATE MAY HOLD A HEARING OR ENTER AN ORDER DESCRIBED IN SUB- 24 SECTION (1). 25 (3) TRAVEL AND OTHER NECESSARY AND REASONABLE EXPENSES 26 INCURRED UNDER SUBSECTIONS (1) AND (2) MAY BE ASSESSED AGAINST 27 THE PARTIES ACCORDING TO THE LAW OF THIS STATE. 04750'97 9 1 (4) A COURT OF THIS STATE SHALL PRESERVE THE PLEADINGS, 2 ORDERS, DECREES, RECORDS OF HEARINGS, EVALUATIONS, AND OTHER PER- 3 TINENT RECORDS WITH RESPECT TO A CHILD-CUSTODY PROCEEDING UNTIL 4 THE CHILD ATTAINS 18 YEARS OF AGE. UPON APPROPRIATE REQUEST BY A 5 COURT OR LAW ENFORCEMENT OFFICIAL OF ANOTHER STATE, THE COURT 6 SHALL FORWARD A CERTIFIED COPY OF THOSE RECORDS. 7 SEC. 685. (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 685C, 8 A COURT OF THIS STATE HAS JURISDICTION TO MAKE AN INITIAL 9 CHILD-CUSTODY DETERMINATION ONLY IN THE FOLLOWING SITUATIONS: 10 (A) THIS STATE IS THE HOME STATE OF THE CHILD ON THE DATE OF 11 THE COMMENCEMENT OF THE PROCEEDING, OR WAS THE HOME STATE OF THE 12 CHILD WITHIN 6 MONTHS BEFORE THE COMMENCEMENT OF THE PROCEEDING 13 AND THE CHILD IS ABSENT FROM THIS STATE BUT A PARENT OR PERSON 14 ACTING AS A PARENT CONTINUES TO LIVE IN THIS STATE. 15 (B) A COURT OF ANOTHER STATE DOES NOT HAVE JURISDICTION 16 UNDER SUBDIVISION (A), OR A COURT OF THE HOME STATE OF THE CHILD 17 HAS DECLINED TO EXERCISE JURISDICTION ON THE GROUND THAT THIS 18 STATE IS THE MORE APPROPRIATE FORUM UNDER SECTION 686B OR 686C, 19 AND BASED ON BOTH OF THE FOLLOWING: 20 (i) THE CHILD AND THE CHILD'S PARENTS, OR THE CHILD AND AT 21 LEAST 1 PARENT OR A PERSON ACTING AS A PARENT, HAVE A SIGNIFICANT 22 CONNECTION WITH THIS STATE OTHER THAN MERE PHYSICAL PRESENCE. 23 (ii) SUBSTANTIAL EVIDENCE IS AVAILABLE IN THIS STATE CON- 24 CERNING THE CHILD'S CARE, PROTECTION, TRAINING, AND PERSONAL 25 RELATIONSHIPS. 26 (C) ALL COURTS HAVING JURISDICTION UNDER SUBDIVISION (A) OR 27 (B) HAVE DECLINED TO EXERCISE JURISDICTION ON THE GROUND THAT A 04750'97 10 1 COURT OF THIS STATE IS THE MORE APPROPRIATE FORUM TO DETERMINE 2 THE CUSTODY OF THE CHILD UNDER SECTION 686B OR 686C. 3 (D) NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION 4 UNDER THE CRITERIA SPECIFIED IN SUBDIVISION (A), (B), OR (C). 5 (2) SUBSECTION (1) IS THE EXCLUSIVE JURISDICTIONAL BASIS FOR 6 MAKING A CHILD-CUSTODY DETERMINATION BY A COURT OF THIS STATE. 7 (3) PHYSICAL PRESENCE OF, OR PERSONAL JURISDICTION OVER, A 8 PARTY OR A CHILD IS NOT NECESSARY OR SUFFICIENT TO MAKE A 9 CHILD-CUSTODY DETERMINATION. 10 SEC. 685A. (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 11 685C, A COURT OF THIS STATE WHICH HAS MADE A CHILD-CUSTODY DETER- 12 MINATION CONSISTENT WITH SECTION 685 OR 685B HAS EXCLUSIVE, CON- 13 TINUING JURISDICTION OVER THE DETERMINATION UNTIL EITHER OF THE 14 FOLLOWING OCCURS: 15 (A) A COURT OF THIS STATE DETERMINES THAT THE CHILD, THE 16 CHILD'S PARENTS, AND ANY PERSON ACTING AS A PARENT DO NOT HAVE A 17 SIGNIFICANT CONNECTION WITH THIS STATE AND THAT SUBSTANTIAL EVI- 18 DENCE IS NO LONGER AVAILABLE IN THIS STATE CONCERNING THE CHILD'S 19 CARE, PROTECTION, TRAINING, AND PERSONAL RELATIONSHIPS. 20 (B) A COURT OF THIS STATE OR A COURT OF ANOTHER STATE DETER- 21 MINES THAT THE CHILD, THE CHILD'S PARENTS, AND ANY PERSON ACTING 22 AS A PARENT DO NOT PRESENTLY RESIDE IN THIS STATE. 23 (2) A COURT OF THIS STATE WHICH HAS MADE A CHILD-CUSTODY 24 DETERMINATION AND DOES NOT HAVE EXCLUSIVE, CONTINUING JURISDIC- 25 TION UNDER THIS SECTION MAY MODIFY THAT DETERMINATION ONLY IF IT 26 HAS JURISDICTION TO MAKE AN INITIAL DETERMINATION UNDER SECTION 27 685. 04750'97 11 1 SEC. 685B. EXCEPT AS OTHERWISE PROVIDED IN SECTION 685C, A 2 COURT OF THIS STATE MAY NOT MODIFY A CHILD-CUSTODY DETERMINATION 3 MADE BY A COURT OF ANOTHER STATE UNLESS A COURT OF THIS STATE HAS 4 JURISDICTION TO MAKE AN INITIAL DETERMINATION UNDER SECTION 5 685(1)(A) OR (B) AND THE FOLLOWING APPLY: 6 (A) THE COURT OF THE OTHER STATE DETERMINES IT NO LONGER HAS 7 EXCLUSIVE, CONTINUING JURISDICTION UNDER SECTION 685A OR THAT A 8 COURT OF THIS STATE WOULD BE A MORE CONVENIENT FORUM UNDER SEC- 9 TION 686B. 10 (B) A COURT OF THIS STATE OR A COURT OF THE OTHER STATE 11 DETERMINES THAT THE CHILD, THE CHILD'S PARENTS, AND ANY PERSON 12 ACTING AS A PARENT DO NOT PRESENTLY RESIDE IN THE OTHER STATE. 13 SEC. 685C. (1) A COURT OF THIS STATE HAS TEMPORARY EMER- 14 GENCY JURISDICTION IF THE CHILD IS PRESENT IN THIS STATE AND THE 15 CHILD HAS BEEN ABANDONED OR IT IS NECESSARY IN AN EMERGENCY TO 16 PROTECT THE CHILD BECAUSE THE CHILD, OR A SIBLING OR PARENT OF 17 THE CHILD, IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR 18 ABUSE. 19 (2) IF THERE IS NO PREVIOUS CHILD-CUSTODY DETERMINATION THAT 20 IS ENTITLED TO BE ENFORCED UNDER THIS ACT AND A CHILD-CUSTODY 21 PROCEEDING HAS NOT BEEN COMMENCED IN A COURT OF A STATE HAVING 22 JURISDICTION UNDER SECTIONS 685 TO 685B, A CHILD-CUSTODY DETERMI- 23 NATION MADE UNDER THIS SECTION REMAINS IN EFFECT UNTIL AN ORDER 24 IS OBTAINED FROM A COURT OF A STATE HAVING JURISDICTION UNDER 25 SECTIONS 685 TO 685B. IF A CHILD-CUSTODY PROCEEDING HAS NOT BEEN 26 OR IS NOT COMMENCED IN A COURT OF A STATE HAVING JURISDICTION 27 UNDER SECTIONS 685 TO 685B, A CHILD-CUSTODY DETERMINATION MADE 04750'97 12 1 UNDER THIS SECTION BECOMES A FINAL DETERMINATION, IF IT SO 2 PROVIDES AND THIS STATE BECOMES THE HOME STATE OF THE CHILD. 3 (3) IF THERE IS A PREVIOUS CHILD-CUSTODY DETERMINATION THAT 4 IS ENTITLED TO BE ENFORCED UNDER THIS ACT, OR A CHILD-CUSTODY 5 PROCEEDING HAS BEEN COMMENCED IN A COURT OF A STATE HAVING JURIS- 6 DICTION UNDER SECTIONS 685 TO 685B, ANY ORDER ISSUED BY A COURT 7 OF THIS STATE UNDER THIS SECTION MUST SPECIFY IN THE ORDER A 8 PERIOD THAT THE COURT CONSIDERS ADEQUATE TO ALLOW THE PERSON 9 SEEKING AN ORDER TO OBTAIN AN ORDER FROM THE STATE HAVING JURIS- 10 DICTION UNDER SECTIONS 685 TO 685B. THE ORDER ISSUED IN THIS 11 STATE REMAINS IN EFFECT UNTIL AN ORDER IS OBTAINED FROM THE OTHER 12 STATE WITHIN THE PERIOD SPECIFIED OR THE PERIOD EXPIRES. 13 (4) A COURT OF THIS STATE WHICH HAS BEEN ASKED TO MAKE A 14 CHILD-CUSTODY DETERMINATION UNDER THIS SECTION, UPON BEING 15 INFORMED THAT A CHILD-CUSTODY PROCEEDING HAS BEEN COMMENCED IN, 16 OR A CHILD-CUSTODY DETERMINATION HAS BEEN MADE BY, A COURT OF A 17 STATE HAVING JURISDICTION UNDER SECTIONS 685 TO 685B, SHALL IMME- 18 DIATELY COMMUNICATE WITH THE OTHER COURT. A COURT OF THIS STATE 19 WHICH IS EXERCISING JURISDICTION PURSUANT TO SECTIONS 685 TO 20 685B, UPON BEING INFORMED THAT A CHILD-CUSTODY PROCEEDING HAS 21 BEEN COMMENCED IN, OR A CHILD-CUSTODY DETERMINATION HAS BEEN MADE 22 BY, A COURT OF ANOTHER STATE UNDER A STATUTE SIMILAR TO THIS SEC- 23 TION SHALL IMMEDIATELY COMMUNICATE WITH THE COURT OF THAT STATE 24 TO RESOLVE THE EMERGENCY, PROTECT THE SAFETY OF THE PARTIES AND 25 THE CHILD, AND DETERMINE A PERIOD FOR THE DURATION OF THE TEMPO- 26 RARY ORDER. 04750'97 13 1 SEC. 686. (1) BEFORE A CHILD-CUSTODY DETERMINATION IS MADE 2 UNDER THIS ACT, NOTICE AND AN OPPORTUNITY TO BE HEARD IN 3 ACCORDANCE WITH THE STANDARDS OF SECTION 682 MUST BE GIVEN TO ALL 4 PERSONS ENTITLED TO NOTICE UNDER THE LAW OF THIS STATE AS IN 5 CHILD-CUSTODY PROCEEDINGS BETWEEN RESIDENTS OF THIS STATE, ANY 6 PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN PREVIOUSLY TERMINATED, 7 AND ANY PERSON HAVING PHYSICAL CUSTODY OF THE CHILD. 8 (2) THIS ACT DOES NOT GOVERN THE ENFORCEABILITY OF A 9 CHILD-CUSTODY DETERMINATION MADE WITHOUT NOTICE OR AN OPPORTUNITY 10 TO BE HEARD. 11 (3) THE OBLIGATION TO JOIN A PARTY AND THE RIGHT TO INTER- 12 VENE AS A PARTY IN A CHILD-CUSTODY PROCEEDING UNDER THIS ACT ARE 13 GOVERNED BY THE LAW OF THIS STATE AS IN CHILD-CUSTODY PROCEEDINGS 14 BETWEEN RESIDENTS OF THIS STATE. 15 SEC. 686A. (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 16 685C, A COURT OF THIS STATE MAY NOT EXERCISE ITS JURISDICTION 17 UNDER SECTIONS 685 TO 688 IF, AT THE TIME OF THE COMMENCEMENT OF 18 THE PROCEEDING, A PROCEEDING CONCERNING THE CUSTODY OF THE CHILD 19 HAS BEEN COMMENCED IN A COURT OF ANOTHER STATE HAVING JURISDIC- 20 TION SUBSTANTIALLY IN CONFORMITY WITH THIS ACT, UNLESS THE PRO- 21 CEEDING HAS BEEN TERMINATED OR IS STAYED BY THE COURT OF THE 22 OTHER STATE BECAUSE A COURT OF THIS STATE IS A MORE CONVENIENT 23 FORUM UNDER SECTION 686B. 24 (2) EXCEPT AS OTHERWISE PROVIDED IN SECTION 685C, A COURT OF 25 THIS STATE, BEFORE HEARING A CHILD-CUSTODY PROCEEDING, SHALL 26 EXAMINE THE COURT DOCUMENTS AND OTHER INFORMATION SUPPLIED BY THE 27 PARTIES PURSUANT TO SECTION 687. IF THE COURT DETERMINES THAT A 04750'97 14 1 CHILD-CUSTODY PROCEEDING HAS BEEN COMMENCED IN A COURT IN ANOTHER 2 STATE HAVING JURISDICTION SUBSTANTIALLY IN ACCORDANCE WITH THIS 3 ACT, THE COURT OF THIS STATE SHALL STAY ITS PROCEEDING AND COMMU- 4 NICATE WITH THE COURT OF THE OTHER STATE. IF THE COURT OF THE 5 STATE HAVING JURISDICTION SUBSTANTIALLY IN ACCORDANCE WITH THIS 6 ACT DOES NOT DETERMINE THAT THE COURT OF THIS STATE IS A MORE 7 APPROPRIATE FORUM, THE COURT OF THIS STATE SHALL DISMISS THE 8 PROCEEDING. 9 (3) IN A PROCEEDING TO MODIFY A CHILD-CUSTODY DETERMINATION, 10 A COURT OF THIS STATE SHALL DETERMINE WHETHER A PROCEEDING TO 11 ENFORCE THE DETERMINATION HAS BEEN COMMENCED IN ANOTHER STATE. 12 IF A PROCEEDING TO ENFORCE A CHILD-CUSTODY DETERMINATION HAS BEEN 13 COMMENCED IN ANOTHER STATE, THE COURT MAY DO ANY OF THE 14 FOLLOWING: 15 (A) STAY THE PROCEEDING FOR MODIFICATION PENDING THE ENTRY 16 OF AN ORDER OF A COURT OF THE OTHER STATE ENFORCING, STAYING, 17 DENYING, OR DISMISSING THE PROCEEDING FOR ENFORCEMENT. 18 (B) ENJOIN THE PARTIES FROM CONTINUING WITH THE PROCEEDING 19 FOR ENFORCEMENT. 20 (C) PROCEED WITH THE MODIFICATION UNDER CONDITIONS IT CON- 21 SIDERS APPROPRIATE. 22 SEC. 686B. (1) A COURT OF THIS STATE WHICH HAS JURISDICTION 23 UNDER THIS ACT TO MAKE A CHILD-CUSTODY DETERMINATION MAY DECLINE 24 TO EXERCISE ITS JURISDICTION AT ANY TIME IF IT DETERMINES THAT IT 25 IS AN INCONVENIENT FORUM UNDER THE CIRCUMSTANCES AND THAT A COURT 26 OF ANOTHER STATE IS A MORE APPROPRIATE FORUM. THE ISSUE OF 04750'97 15 1 INCONVENIENT FORUM MAY BE RAISED UPON THE MOTION OF A PARTY, THE 2 COURT'S OWN MOTION, OR REQUEST OF ANOTHER COURT. 3 (2) BEFORE DETERMINING WHETHER IT IS AN INCONVENIENT FORUM, 4 A COURT OF THIS STATE SHALL CONSIDER WHETHER IT IS APPROPRIATE 5 FOR A COURT OF ANOTHER STATE TO EXERCISE JURISDICTION. FOR THIS 6 PURPOSE, THE COURT SHALL ALLOW THE PARTIES TO SUBMIT INFORMATION 7 AND SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING THE 8 FOLLOWING: 9 (A) WHETHER DOMESTIC VIOLENCE HAS OCCURRED AND IS LIKELY TO 10 CONTINUE IN THE FUTURE AND WHICH STATE COULD BEST PROTECT THE 11 PARTIES AND THE CHILD. 12 (B) THE LENGTH OF TIME THE CHILD HAS RESIDED OUTSIDE THIS 13 STATE. 14 (C) THE DISTANCE BETWEEN THE COURT IN THIS STATE AND THE 15 COURT IN THE STATE THAT WOULD ASSUME JURISDICTION. 16 (D) THE RELATIVE FINANCIAL CIRCUMSTANCES OF THE PARTIES. 17 (E) ANY AGREEMENT OF THE PARTIES AS TO WHICH STATE SHOULD 18 ASSUME JURISDICTION. 19 (F) THE NATURE AND LOCATION OF THE EVIDENCE REQUIRED TO 20 RESOLVE THE PENDING LITIGATION, INCLUDING TESTIMONY OF THE 21 CHILD. 22 (G) THE ABILITY OF THE COURT OF EACH STATE TO DECIDE THE 23 ISSUE EXPEDITIOUSLY AND THE PROCEDURES NECESSARY TO PRESENT THE 24 EVIDENCE. 25 (H) THE FAMILIARITY OF THE COURT OF EACH STATE WITH THE 26 FACTS AND ISSUES IN THE PENDING LITIGATION. 04750'97 16 1 (3) IF A COURT OF THIS STATE DETERMINES THAT IT IS AN 2 INCONVENIENT FORUM AND THAT A COURT OF ANOTHER STATE IS A MORE 3 APPROPRIATE FORUM, IT SHALL STAY THE PROCEEDINGS UPON CONDITION 4 THAT A CHILD-CUSTODY PROCEEDING BE PROMPTLY COMMENCED IN ANOTHER 5 DESIGNATED STATE AND MAY IMPOSE ANY OTHER CONDITION THE COURT 6 CONSIDERS JUST AND PROPER. 7 (4) A COURT OF THIS STATE MAY DECLINE TO EXERCISE ITS JURIS- 8 DICTION UNDER THIS ACT IF A CHILD-CUSTODY DETERMINATION IS INCI- 9 DENTAL TO AN ACTION FOR DIVORCE OR ANOTHER PROCEEDING WHILE STILL 10 RETAINING JURISDICTION OVER THE DIVORCE OR OTHER PROCEEDING. 11 SEC. 686C. (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 685C 12 OR BY OTHER LAW OF THIS STATE, IF A COURT OF THIS STATE HAS 13 JURISDICTION UNDER THIS ACT BECAUSE A PERSON SEEKING TO INVOKE 14 ITS JURISDICTION HAS ENGAGED IN UNJUSTIFIABLE CONDUCT, THE COURT 15 SHALL DECLINE TO EXERCISE ITS JURISDICTION UNLESS ANY OF THE FOL- 16 LOWING HAS OCCURRED: 17 (A) THE PARENTS AND ALL PERSONS ACTING AS PARENTS HAVE 18 ACQUIESCED IN THE EXERCISE OF JURISDICTION. 19 (B) A COURT OF THE STATE OTHERWISE HAVING JURISDICTION UNDER 20 SECTIONS 685 TO 685B DETERMINES THAT THIS STATE IS A MORE APPRO- 21 PRIATE FORUM UNDER SECTION 686B. 22 (C) NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION 23 UNDER THE CRITERIA SPECIFIED IN SECTIONS 685 TO 685B. 24 (2) IF A COURT OF THIS STATE DECLINES TO EXERCISE ITS JURIS- 25 DICTION PURSUANT TO SUBSECTION (1), IT MAY FASHION AN APPROPRIATE 26 REMEDY TO ENSURE THE SAFETY OF THE CHILD AND PREVENT A REPETITION 27 OF THE UNJUSTIFIABLE CONDUCT, INCLUDING STAYING THE PROCEEDING 04750'97 17 1 UNTIL A CHILD-CUSTODY PROCEEDING IS COMMENCED IN A COURT HAVING 2 JURISDICTION UNDER SECTIONS 685 TO 685B. 3 (3) IF A COURT DISMISSES A PETITION OR STAYS A PROCEEDING 4 BECAUSE IT DECLINES TO EXERCISE ITS JURISDICTION PURSUANT TO SUB- 5 SECTION (1), IT SHALL ASSESS AGAINST THE PARTY SEEKING TO INVOKE 6 ITS JURISDICTION NECESSARY AND REASONABLE EXPENSES INCLUDING 7 COSTS, COMMUNICATION EXPENSES, ATTORNEY'S FEES, INVESTIGATIVE 8 FEES, EXPENSES FOR WITNESSES, TRAVEL EXPENSES, AND CHILD CARE 9 DURING THE COURSE OF THE PROCEEDINGS, UNLESS THE PARTY FROM WHOM 10 FEES ARE SOUGHT ESTABLISHES THAT THE ASSESSMENT WOULD BE CLEARLY 11 INAPPROPRIATE. THE COURT MAY NOT ASSESS FEES, COSTS, OR EXPENSES 12 AGAINST THIS STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS ACT. 13 SEC. 687. (1) SUBJECT TO ANY PROVISIONS OF LAW RELATED TO 14 CONFIDENTIALITY OF PROCEDURES, ADDRESSES, AND OTHER IDENTIFYING 15 INFORMATION, IN A CHILD-CUSTODY PROCEEDING, EACH PARTY, IN ITS 16 FIRST PLEADING OR IN AN ATTACHED AFFIDAVIT, SHALL GIVE INFORMA- 17 TION, IF REASONABLY ASCERTAINABLE, UNDER OATH AS TO THE CHILD'S 18 PRESENT ADDRESS OR WHEREABOUTS, THE PLACES WHERE THE CHILD HAS 19 LIVED DURING THE LAST 5 YEARS, AND THE NAMES AND PRESENT 20 ADDRESSES OF THE PERSONS WITH WHOM THE CHILD HAS LIVED DURING 21 THAT PERIOD. THE PLEADING OR AFFIDAVIT MUST STATE ALL OF THE 22 FOLLOWING RELATIVE TO WHETHER THE PARTY: 23 (A) HAS PARTICIPATED, AS A PARTY OR WITNESS OR IN ANY OTHER 24 CAPACITY, IN ANY OTHER PROCEEDING CONCERNING THE CUSTODY OF OR 25 VISITATION WITH THE CHILD AND, IF SO, IDENTIFY THE COURT, THE 26 CASE NUMBER, AND THE DATE OF THE CHILD-CUSTODY DETERMINATION, IF 27 ANY. 04750'97 18 1 (B) KNOWS OF ANY PROCEEDING THAT COULD AFFECT THE CURRENT 2 PROCEEDING, INCLUDING PROCEEDINGS FOR ENFORCEMENT AND PROCEEDINGS 3 RELATING TO DOMESTIC VIOLENCE, PROTECTIVE ORDERS, TERMINATION OF 4 PARENTAL RIGHTS, AND ADOPTIONS, AND, IF SO, IDENTIFY THE COURT, 5 THE CASE NUMBER, AND THE NATURE OF THE PROCEEDING. 6 (C) KNOWS THE NAMES AND ADDRESSES OF ANY PERSON NOT A PARTY 7 TO THE PROCEEDING WHO HAS PHYSICAL CUSTODY OF THE CHILD OR CLAIMS 8 RIGHTS OF LEGAL CUSTODY OR PHYSICAL CUSTODY OF, OR VISITATION 9 WITH, THE CHILD AND, IF SO, THE NAMES AND ADDRESSES OF THOSE 10 PERSONS. 11 (2) IF THE INFORMATION REQUIRED BY SUBSECTION (1) IS NOT 12 FURNISHED, THE COURT, UPON MOTION OF A PARTY OR ITS OWN MOTION, 13 MAY STAY THE PROCEEDING UNTIL THE INFORMATION IS FURNISHED. 14 (3) IF THE DECLARATION AS TO ANY OF THE ITEMS DESCRIBED IN 15 SUBSECTION (1) IS IN THE AFFIRMATIVE, THE DECLARANT SHALL GIVE 16 ADDITIONAL INFORMATION UNDER OATH AS REQUIRED BY THE COURT. THE 17 COURT MAY EXAMINE THE PARTIES UNDER OATH AS TO DETAILS OF THE 18 INFORMATION FURNISHED AND OTHER MATTERS PERTINENT TO THE COURT'S 19 JURISDICTION AND THE DISPOSITION OF THE CASE. 20 (4) EACH PARTY HAS A CONTINUING DUTY TO INFORM THE COURT OF 21 ANY PROCEEDING IN THIS OR ANY OTHER STATE THAT COULD AFFECT THE 22 CURRENT PROCEEDING. 23 (5) IF A PARTY ALLEGES IN AN AFFIDAVIT OR A PLEADING UNDER 24 OATH THAT THE HEALTH, SAFETY, OR LIBERTY OF A PARTY OR CHILD 25 WOULD BE JEOPARDIZED BY DISCLOSURE OF IDENTIFYING INFORMATION, 26 THE INFORMATION MUST BE SEALED AND MAY NOT BE DISCLOSED TO THE 27 OTHER PARTY OR THE PUBLIC UNLESS THE COURT ORDERS THE DISCLOSURE 04750'97 19 1 TO BE MADE AFTER A HEARING IN WHICH THE COURT TAKES INTO 2 CONSIDERATION THE HEALTH, SAFETY, OR LIBERTY OF THE PARTY OR 3 CHILD AND DETERMINES THAT THE DISCLOSURE IS IN THE INTEREST OF 4 JUSTICE. 5 SEC. 688. (1) IN A CHILD-CUSTODY PROCEEDING IN THIS STATE, 6 THE COURT MAY ORDER A PARTY TO THE PROCEEDING WHO IS IN THIS 7 STATE TO APPEAR BEFORE THE COURT IN PERSON WITH OR WITHOUT THE 8 CHILD. THE COURT MAY ORDER ANY PERSON WHO IS IN THIS STATE AND 9 WHO HAS PHYSICAL CUSTODY OR CONTROL OF THE CHILD TO APPEAR IN 10 PERSON WITH THE CHILD. 11 (2) IF A PARTY TO A CHILD-CUSTODY PROCEEDING WHOSE PRESENCE 12 IS DESIRED BY THE COURT IS OUTSIDE THIS STATE, THE COURT MAY 13 ORDER THAT A NOTICE GIVEN PURSUANT TO SECTION 682 INCLUDE A 14 STATEMENT DIRECTING THE PARTY TO APPEAR IN PERSON WITH OR WITHOUT 15 THE CHILD AND INFORMING THE PARTY THAT FAILURE TO APPEAR MAY 16 RESULT IN A DECISION ADVERSE TO THE PARTY. 17 (3) THE COURT MAY ENTER ANY ORDERS NECESSARY TO ENSURE THE 18 SAFETY OF THE CHILD AND OF ANY PERSON ORDERED TO APPEAR UNDER 19 THIS SECTION. 20 (4) IF A PARTY TO A CHILD-CUSTODY PROCEEDING WHO IS OUTSIDE 21 THIS STATE IS DIRECTED TO APPEAR UNDER SUBSECTION (2) OR DESIRES 22 TO APPEAR PERSONALLY BEFORE THE COURT WITH OR WITHOUT THE CHILD, 23 THE COURT MAY REQUIRE ANOTHER PARTY TO PAY REASONABLE AND NECES- 24 SARY TRAVEL AND OTHER EXPENSES OF THE PARTY SO APPEARING AND OF 25 THE CHILD. 26 SEC. 689. AS USED IN SECTIONS 689 TO 698D: 04750'97 20 1 (A) "PETITIONER" MEANS A PERSON WHO SEEKS ENFORCEMENT OF AN 2 ORDER FOR RETURN OF A CHILD UNDER THE HAGUE CONVENTION ON THE 3 CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION OR ENFORCEMENT OF 4 A CHILD-CUSTODY DETERMINATION. 5 (B) "RESPONDENT" MEANS A PERSON AGAINST WHOM A PROCEEDING 6 HAS BEEN COMMENCED FOR ENFORCEMENT OF AN ORDER FOR RETURN OF A 7 CHILD UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNA- 8 TIONAL CHILD ABDUCTION OR ENFORCEMENT OF A CHILD-CUSTODY 9 DETERMINATION. 10 SEC. 690. UNDER SECTIONS 689 TO 698D, A COURT OF THIS STATE 11 MAY ENFORCE AN ORDER FOR THE RETURN OF THE CHILD MADE UNDER THE 12 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD 13 ABDUCTION AS IF IT WERE A CHILD-CUSTODY DETERMINATION. 14 SEC. 691. (1) A COURT OF THIS STATE SHALL RECOGNIZE AND 15 ENFORCE A CHILD-CUSTODY DETERMINATION OF A COURT OF ANOTHER STATE 16 IF THE LATTER COURT EXERCISED JURISDICTION IN SUBSTANTIAL CON- 17 FORMITY WITH THIS ACT OR THE DETERMINATION WAS MADE UNDER FACTUAL 18 CIRCUMSTANCES MEETING THE JURISDICTIONAL STANDARDS OF THIS ACT 19 AND THE DETERMINATION HAS NOT BEEN MODIFIED IN ACCORDANCE WITH 20 THIS ACT. 21 (2) A COURT OF THIS STATE MAY UTILIZE ANY REMEDY AVAILABLE 22 UNDER OTHER LAW OF THIS STATE TO ENFORCE A CHILD-CUSTODY DETERMI- 23 NATION MADE BY A COURT OF ANOTHER STATE. THE REMEDIES PROVIDED 24 IN SECTIONS 689 TO 698D ARE CUMULATIVE AND DO NOT AFFECT THE 25 AVAILABILITY OF OTHER REMEDIES TO ENFORCE A CHILD-CUSTODY 26 DETERMINATION. 04750'97 21 1 SEC. 692. (1) A COURT OF THIS STATE WHICH DOES NOT HAVE 2 JURISDICTION TO MODIFY A CHILD-CUSTODY DETERMINATION, MAY ISSUE A 3 TEMPORARY ORDER ENFORCING THE FOLLOWING: 4 (A) A VISITATION SCHEDULE MADE BY A COURT OF ANOTHER STATE. 5 (B) THE VISITATION PROVISIONS OF A CHILD-CUSTODY DETERMINA- 6 TION OF ANOTHER STATE THAT DOES NOT PROVIDE FOR A SPECIFIC VISI- 7 TATION SCHEDULE. 8 (2) IF A COURT OF THIS STATE MAKES AN ORDER UNDER SUBSECTION 9 (1)(B), IT SHALL SPECIFY IN THE ORDER A PERIOD THAT IT CONSIDERS 10 ADEQUATE TO ALLOW THE PETITIONER TO OBTAIN AN ORDER FROM A COURT 11 HAVING JURISDICTION UNDER THE CRITERIA SPECIFIED IN SECTIONS 685 12 TO 688. THE ORDER REMAINS IN EFFECT UNTIL AN ORDER IS OBTAINED 13 FROM THE OTHER COURT OR THE PERIOD EXPIRES. 14 SEC. 693. (1) A CHILD-CUSTODY DETERMINATION ISSUED BY A 15 COURT OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE, WITH OR 16 WITHOUT A SIMULTANEOUS REQUEST FOR ENFORCEMENT, BY SENDING THE 17 FOLLOWING TO THE CIRCUIT COURT IN THIS STATE: 18 (A) A LETTER OR OTHER DOCUMENT REQUESTING REGISTRATION. 19 (B) TWO COPIES, INCLUDING 1 CERTIFIED COPY, OF THE DETERMI- 20 NATION SOUGHT TO BE REGISTERED, AND A STATEMENT UNDER PENALTY OF 21 PERJURY THAT TO THE BEST OF THE KNOWLEDGE AND BELIEF OF THE 22 PERSON SEEKING REGISTRATION THE ORDER HAS NOT BEEN MODIFIED. 23 (C) EXCEPT AS OTHERWISE PROVIDED IN SECTION 687, THE NAME 24 AND ADDRESS OF THE PERSON SEEKING REGISTRATION AND ANY PARENT OR 25 PERSON ACTING AS A PARENT WHO HAS BEEN AWARDED CUSTODY OR VISITA- 26 TION IN THE CHILD-CUSTODY DETERMINATION SOUGHT TO BE REGISTERED. 04750'97 22 1 (2) ON RECEIPT OF THE DOCUMENTS REQUIRED BY SUBSECTION (1), 2 THE REGISTERING COURT SHALL DO THE FOLLOWING: 3 (A) CAUSE THE DETERMINATION TO BE FILED AS A FOREIGN JUDG- 4 MENT, TOGETHER WITH 1 COPY OF ANY ACCOMPANYING DOCUMENTS AND 5 INFORMATION, REGARDLESS OF THEIR FORM. 6 (B) SERVE NOTICE UPON THE PERSONS NAMED PURSUANT TO SUBSEC- 7 TION (1)(C) AND PROVIDE THEM WITH AN OPPORTUNITY TO CONTEST THE 8 REGISTRATION IN ACCORDANCE WITH THIS SECTION. 9 (3) THE NOTICE REQUIRED BY SUBSECTION (2)(B) MUST STATE THE 10 FOLLOWING: 11 (A) A REGISTERED DETERMINATION IS ENFORCEABLE AS OF THE DATE 12 OF THE REGISTRATION IN THE SAME MANNER AS A DETERMINATION ISSUED 13 BY A COURT OF THIS STATE. 14 (B) A HEARING TO CONTEST THE VALIDITY OF THE REGISTERED 15 DETERMINATION MUST BE REQUESTED WITHIN 20 DAYS AFTER SERVICE OF 16 NOTICE. 17 (C) FAILURE TO CONTEST THE REGISTRATION WILL RESULT IN CON- 18 FIRMATION OF THE CHILD-CUSTODY DETERMINATION AND PRECLUDE FURTHER 19 CONTEST OF THAT DETERMINATION WITH RESPECT TO ANY MATTER THAT 20 COULD HAVE BEEN ASSERTED. 21 (4) A PERSON SEEKING TO CONTEST THE VALIDITY OF A REGISTERED 22 ORDER MUST REQUEST A HEARING WITHIN 20 DAYS AFTER SERVICE OF THE 23 NOTICE. AT THAT HEARING, THE COURT SHALL CONFIRM THE REGISTERED 24 ORDER UNLESS THE PERSON CONTESTING REGISTRATION ESTABLISHES THE 25 FOLLOWING: 26 (A) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER 27 SECTIONS 685 TO 688. 04750'97 23 1 (B) THE CHILD-CUSTODY DETERMINATION SOUGHT TO BE REGISTERED 2 HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT HAVING JURISDIC- 3 TION TO DO SO UNDER SECTIONS 685 TO 688. 4 (C) THE PERSON CONTESTING REGISTRATION WAS ENTITLED TO 5 NOTICE, BUT NOTICE WAS NOT GIVEN IN ACCORDANCE WITH THE STANDARDS 6 OF SECTION 682, IN THE PROCEEDINGS BEFORE THE COURT THAT ISSUED 7 THE ORDER FOR WHICH REGISTRATION IS SOUGHT. 8 (5) IF A TIMELY REQUEST FOR A HEARING TO CONTEST THE VALID- 9 ITY OF THE REGISTRATION IS NOT MADE, THE REGISTRATION IS CON- 10 FIRMED AS A MATTER OF LAW AND THE PERSON REQUESTING REGISTRATION 11 AND ALL PERSONS SERVED MUST BE NOTIFIED OF THE CONFIRMATION. 12 (6) CONFIRMATION OF A REGISTERED ORDER, WHETHER BY OPERATION 13 OF LAW OR AFTER NOTICE AND HEARING, PRECLUDES FURTHER CONTEST OF 14 THE ORDER WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN 15 ASSERTED AT THE TIME OF REGISTRATION. 16 SEC. 693A. (1) A COURT OF THIS STATE MAY GRANT ANY RELIEF 17 NORMALLY AVAILABLE UNDER THE LAW OF THIS STATE TO ENFORCE A REG- 18 ISTERED CHILD-CUSTODY DETERMINATION MADE BY A COURT OF ANOTHER 19 STATE. 20 (2) A COURT OF THIS STATE SHALL RECOGNIZE AND ENFORCE, BUT 21 MAY NOT MODIFY, EXCEPT IN ACCORDANCE WITH SECTIONS 685 TO 688, A 22 REGISTERED CHILD-CUSTODY DETERMINATION OF A COURT OF ANOTHER 23 STATE. 24 SEC. 693B. IF A PROCEEDING FOR ENFORCEMENT UNDER SECTIONS 25 689 TO 698D IS COMMENCED IN A COURT OF THIS STATE AND THE COURT 26 DETERMINES THAT A PROCEEDING TO MODIFY THE DETERMINATION IS 27 PENDING IN A COURT OF ANOTHER STATE HAVING JURISDICTION TO MODIFY 04750'97 24 1 THE DETERMINATION UNDER SECTIONS 685 TO 688, THE ENFORCING COURT 2 SHALL IMMEDIATELY COMMUNICATE WITH THE MODIFYING COURT. THE PRO- 3 CEEDING FOR ENFORCEMENT CONTINUES UNLESS THE ENFORCING COURT, 4 AFTER CONSULTATION WITH THE MODIFYING COURT, STAYS OR DISMISSES 5 THE PROCEEDING. 6 SEC. 693C. (1) A PETITION UNDER SECTIONS 689 TO 698D MUST 7 BE VERIFIED. CERTIFIED COPIES OF ALL ORDERS SOUGHT TO BE 8 ENFORCED AND OF ANY ORDER CONFIRMING REGISTRATION MUST BE 9 ATTACHED TO THE PETITION. A COPY OF A CERTIFIED COPY OF AN ORDER 10 MAY BE ATTACHED INSTEAD OF THE ORIGINAL. 11 (2) A PETITION FOR ENFORCEMENT OF A CHILD-CUSTODY DETERMINA- 12 TION MUST STATE THE FOLLOWING: 13 (A) WHETHER THE COURT THAT ISSUED THE DETERMINATION IDENTI- 14 FIED THE JURISDICTIONAL BASIS IT RELIED UPON IN EXERCISING JURIS- 15 DICTION AND, IF SO, WHAT THE BASIS WAS. 16 (B) WHETHER THE DETERMINATION FOR WHICH ENFORCEMENT IS 17 SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT WHOSE 18 DECISION MUST BE ENFORCED UNDER THIS ACT AND, IF SO, IDENTIFY THE 19 COURT, THE CASE NUMBER, AND THE NATURE OF THE PROCEEDING. 20 (C) WHETHER ANY PROCEEDING HAS BEEN COMMENCED THAT COULD 21 AFFECT THE CURRENT PROCEEDING, INCLUDING PROCEEDINGS RELATING TO 22 DOMESTIC VIOLENCE, PROTECTIVE ORDERS, TERMINATION OF PARENTAL 23 RIGHTS, AND ADOPTIONS AND, IF SO, IDENTIFY THE COURT, THE CASE 24 NUMBER, AND THE NATURE OF THE PROCEEDING. 25 (D) THE PRESENT PHYSICAL ADDRESS OF THE CHILD AND THE 26 RESPONDENT, IF KNOWN. 04750'97 25 1 (E) WHETHER RELIEF IN ADDITION TO THE IMMEDIATE PHYSICAL 2 CUSTODY OF THE CHILD AND ATTORNEY'S FEES IS SOUGHT, INCLUDING A 3 REQUEST FOR ASSISTANCE FROM LAW ENFORCEMENT OFFICIALS AND, IF SO, 4 THE RELIEF SOUGHT. 5 (F) IF THE CHILD-CUSTODY DETERMINATION HAS BEEN REGISTERED 6 AND CONFIRMED UNDER SECTION 693, THE DATE AND PLACE OF 7 REGISTRATION. 8 (3) UPON THE FILING OF A PETITION, THE COURT SHALL ISSUE AN 9 ORDER DIRECTING THE RESPONDENT TO APPEAR IN PERSON WITH OR WITH- 10 OUT THE CHILD AT A HEARING AND MAY ENTER ANY ORDER NECESSARY TO 11 ENSURE THE SAFETY OF THE PARTIES AND THE CHILD. THE HEARING MUST 12 BE HELD ON THE NEXT JUDICIAL DAY AFTER SERVICE OF THE ORDER 13 UNLESS THAT DATE IS IMPOSSIBLE. IN THAT EVENT, THE COURT SHALL 14 HOLD THE HEARING ON THE FIRST JUDICIAL DAY POSSIBLE. THE COURT 15 MAY EXTEND THE DATE OF HEARING AT THE REQUEST OF THE PETITIONER. 16 (4) AN ORDER ISSUED UNDER SUBSECTION (3) MUST STATE THE TIME 17 AND PLACE OF THE HEARING AND ADVISE THE RESPONDENT THAT AT THE 18 HEARING THE COURT WILL ORDER THAT THE PETITIONER MAY TAKE IMMEDI- 19 ATE PHYSICAL CUSTODY OF THE CHILD AND THE PAYMENT OF FEES, COSTS, 20 AND EXPENSES UNDER SECTION 697, AND MAY SCHEDULE A HEARING TO 21 DETERMINE WHETHER FURTHER RELIEF IS APPROPRIATE, UNLESS THE 22 RESPONDENT APPEARS AND ESTABLISHES THE FOLLOWING: 23 (A) THE CHILD-CUSTODY DETERMINATION HAS NOT BEEN REGISTERED 24 AND CONFIRMED UNDER SECTION 693, AND THE FOLLOWING: 25 (i) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER SEC- 26 TIONS 685 TO 688. 04750'97 26 1 (ii) THE CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT 2 IS SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT HAVING 3 JURISDICTION TO DO SO UNDER SECTIONS 685 TO 688. 4 (iii) THE RESPONDENT WAS ENTITLED TO NOTICE, BUT NOTICE WAS 5 NOT GIVEN IN ACCORDANCE WITH THE STANDARDS OF SECTION 682, IN THE 6 PROCEEDINGS BEFORE THE COURT THAT ISSUED THE ORDER FOR WHICH 7 ENFORCEMENT IS SOUGHT. 8 (B) THE CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT IS 9 SOUGHT WAS REGISTERED AND CONFIRMED UNDER SECTION 693, BUT HAS 10 BEEN VACATED, STAYED, OR MODIFIED BY A COURT OF A STATE HAVING 11 JURISDICTION TO DO SO UNDER SECTIONS 685 TO 688. 12 SEC. 694. EXCEPT AS OTHERWISE PROVIDED IN SECTION 696, THE 13 PETITION AND ORDER MUST BE SERVED, BY ANY METHOD AUTHORIZED BY 14 THE LAW OF THIS STATE, UPON RESPONDENT AND ANY PERSON WHO HAS 15 PHYSICAL CUSTODY OF THE CHILD. 16 SEC. 695. (1) UNLESS THE COURT ISSUES A TEMPORARY EMERGENCY 17 ORDER PURSUANT TO SECTION 685C, UPON A FINDING THAT A PETITIONER 18 IS ENTITLED TO IMMEDIATE PHYSICAL CUSTODY OF THE CHILD, THE COURT 19 SHALL ORDER THAT THE PETITIONER MAY TAKE IMMEDIATE PHYSICAL CUS- 20 TODY OF THE CHILD UNLESS THE RESPONDENT ESTABLISHES THE 21 FOLLOWING: 22 (A) THE CHILD-CUSTODY DETERMINATION HAS NOT BEEN REGISTERED 23 AND CONFIRMED UNDER SECTION 693 AND THE FOLLOWING: 24 (i) THE ISSUING COURT DID NOT HAVE JURISDICTION UNDER SEC- 25 TIONS 685 TO 688. 04750'97 27 1 (ii) THE CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT 2 IS SOUGHT HAS BEEN VACATED, STAYED, OR MODIFIED BY A COURT OF A 3 STATE HAVING JURISDICTION TO DO SO UNDER SECTIONS 685 TO 688. 4 (iii) THE RESPONDENT WAS ENTITLED TO NOTICE, BUT NOTICE WAS 5 NOT GIVEN IN ACCORDANCE WITH THE STANDARDS OF SECTION 682, IN THE 6 PROCEEDINGS BEFORE THE COURT THAT ISSUED THE ORDER FOR WHICH 7 ENFORCEMENT IS SOUGHT. 8 (B) THE CHILD-CUSTODY DETERMINATION FOR WHICH ENFORCEMENT IS 9 SOUGHT WAS REGISTERED AND CONFIRMED UNDER SECTION 693, BUT HAS 10 BEEN VACATED, STAYED, OR MODIFIED BY A COURT OF A STATE HAVING 11 JURISDICTION TO DO SO UNDER SECTIONS 685 TO 688. 12 (2) THE COURT SHALL AWARD THE FEES, COSTS, AND EXPENSES 13 AUTHORIZED UNDER SECTION 697 AND MAY GRANT ADDITIONAL RELIEF, 14 INCLUDING A REQUEST FOR THE ASSISTANCE OF LAW ENFORCEMENT OFFI- 15 CIALS, AND SET A FURTHER HEARING TO DETERMINE WHETHER ADDITIONAL 16 RELIEF IS APPROPRIATE. 17 (3) IF A PARTY CALLED TO TESTIFY REFUSES TO ANSWER ON THE 18 GROUND THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE COURT 19 MAY DRAW AN ADVERSE INFERENCE FROM THE REFUSAL. 20 (4) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN 21 SPOUSES AND A DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF 22 HUSBAND AND WIFE OR PARENT AND CHILD MAY NOT BE INVOKED IN A PRO- 23 CEEDING UNDER SECTIONS 689 TO 698D. 24 SEC. 696. (1) UPON THE FILING OF A PETITION SEEKING 25 ENFORCEMENT OF A CHILD-CUSTODY DETERMINATION, THE PETITIONER MAY 26 FILE A VERIFIED APPLICATION FOR THE ISSUANCE OF A WARRANT TO TAKE 04750'97 28 1 PHYSICAL CUSTODY OF THE CHILD IF THE CHILD IS IMMINENTLY LIKELY 2 TO SUFFER SERIOUS PHYSICAL HARM OR BE REMOVED FROM THIS STATE. 3 (2) IF THE COURT, UPON THE TESTIMONY OF THE PETITIONER OR 4 OTHER WITNESS, FINDS THAT THE CHILD IS IMMINENTLY LIKELY TO 5 SUFFER SERIOUS PHYSICAL HARM OR BE REMOVED FROM THIS STATE, IT 6 MAY ISSUE A WARRANT TO TAKE PHYSICAL CUSTODY OF THE CHILD. THE 7 PETITION MUST BE HEARD ON THE NEXT JUDICIAL DAY AFTER THE WARRANT 8 IS EXECUTED UNLESS THAT DATE IS IMPOSSIBLE. IN THAT EVENT, THE 9 COURT SHALL HOLD THE HEARING ON THE FIRST JUDICIAL DAY POSSIBLE. 10 THE APPLICATION FOR THE WARRANT MUST INCLUDE THE STATEMENTS 11 REQUIRED BY SECTION 693C(2). 12 (3) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD MUST DO 13 THE FOLLOWING: 14 (A) RECITE THE FACTS UPON WHICH A CONCLUSION OF IMMINENT 15 SERIOUS PHYSICAL HARM OR REMOVAL FROM THE JURISDICTION IS BASED. 16 (B) DIRECT LAW ENFORCEMENT OFFICERS TO TAKE PHYSICAL CUSTODY 17 OF THE CHILD IMMEDIATELY. 18 (C) PROVIDE FOR THE PLACEMENT OF THE CHILD PENDING FINAL 19 RELIEF. 20 (4) THE RESPONDENT MUST BE SERVED WITH THE PETITION, WAR- 21 RANT, AND ORDER IMMEDIATELY AFTER THE CHILD IS TAKEN INTO PHYSI- 22 CAL CUSTODY. 23 (5) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD IS 24 ENFORCEABLE THROUGHOUT THIS STATE. IF THE COURT FINDS ON THE 25 BASIS OF THE TESTIMONY OF THE PETITIONER OR OTHER WITNESS THAT A 26 LESS INTRUSIVE REMEDY IS NOT EFFECTIVE, IT MAY AUTHORIZE LAW 27 ENFORCEMENT OFFICERS TO ENTER PRIVATE PROPERTY TO TAKE PHYSICAL 04750'97 29 1 CUSTODY OF THE CHILD. IF REQUIRED BY EXIGENT CIRCUMSTANCES OF 2 THE CASE, THE COURT MAY AUTHORIZE LAW ENFORCEMENT OFFICERS TO 3 MAKE A FORCIBLE ENTRY AT ANY HOUR. 4 (6) THE COURT MAY IMPOSE CONDITIONS UPON PLACEMENT OF A 5 CHILD TO ENSURE THE APPEARANCE OF THE CHILD AND THE CHILD'S 6 CUSTODIAN. 7 SEC. 697. (1) THE COURT SHALL AWARD THE PREVAILING PARTY, 8 INCLUDING A STATE, NECESSARY AND REASONABLE EXPENSES INCURRED BY 9 OR ON BEHALF OF THE PARTY, INCLUDING COSTS, COMMUNICATION 10 EXPENSES, ATTORNEY'S FEES, INVESTIGATIVE FEES, EXPENSES FOR WIT- 11 NESSES, TRAVEL EXPENSES, AND CHILD CARE DURING THE COURSE OF THE 12 PROCEEDINGS, UNLESS THE PARTY FROM WHOM FEES OR EXPENSES ARE 13 SOUGHT ESTABLISHES THAT THE AWARD WOULD BE CLEARLY 14 INAPPROPRIATE. 15 (2) THE COURT MAY NOT ASSESS FEES, COSTS, OR EXPENSES 16 AGAINST A STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS ACT. 17 SEC. 698. A COURT OF THIS STATE SHALL ACCORD FULL FAITH AND 18 CREDIT TO AN ORDER ISSUED BY ANOTHER STATE AND CONSISTENT WITH 19 THIS ACT WHICH ENFORCES A CHILD-CUSTODY DETERMINATION BY A COURT 20 OF ANOTHER STATE UNLESS THE ORDER HAS BEEN VACATED, STAYED, OR 21 MODIFIED BY A COURT HAVING JURISDICTION TO DO SO UNDER SECTIONS 22 685 TO 688. 23 SEC. 698A. AN APPEAL MAY BE TAKEN FROM A FINAL ORDER IN A 24 PROCEEDING UNDER SECTIONS 689 TO 698D IN ACCORDANCE WITH EXPE- 25 DITED APPELLATE PROCEDURES IN OTHER CIVIL CASES. UNLESS THE 26 COURT ENTERS A TEMPORARY EMERGENCY ORDER UNDER SECTION 685C, THE 04750'97 30 1 ENFORCING COURT MAY NOT STAY AN ORDER ENFORCING A CHILD-CUSTODY 2 DETERMINATION PENDING APPEAL. 3 SEC. 698B. (1) IN A CASE ARISING UNDER THIS ACT OR INVOLV- 4 ING THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL 5 CHILD ABDUCTION, THE ATTORNEY GENERAL MAY TAKE ANY LAWFUL ACTION, 6 INCLUDING RESORT TO A PROCEEDING UNDER SECTIONS 689 TO 698D OR 7 ANY OTHER AVAILABLE CIVIL PROCEEDING, TO LOCATE A CHILD, OBTAIN 8 THE RETURN OF A CHILD, OR ENFORCE A CHILD-CUSTODY DETERMINATION 9 IF THERE IS ANY OF THE FOLLOWING: 10 (A) AN EXISTING CHILD-CUSTODY DETERMINATION. 11 (B) A REQUEST TO DO SO FROM A COURT IN A PENDING 12 CHILD-CUSTODY PROCEEDING. 13 (C) A REASONABLE BELIEF THAT A CRIMINAL STATUTE HAS BEEN 14 VIOLATED. 15 (D) A REASONABLE BELIEF THAT THE CHILD HAS BEEN WRONGFULLY 16 REMOVED OR RETAINED IN VIOLATION OF THE HAGUE CONVENTION ON THE 17 CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION. 18 (2) THE ATTORNEY GENERAL ACTING UNDER THIS SECTION ACTS ON 19 BEHALF OF THE COURT AND MAY NOT REPRESENT ANY PARTY. 20 SEC. 698C. AT THE REQUEST OF THE ATTORNEY GENERAL ACTING 21 UNDER SECTION 698B, A LAW ENFORCEMENT OFFICER MAY TAKE ANY LAWFUL 22 ACTION REASONABLY NECESSARY TO LOCATE A CHILD OR A PARTY AND 23 ASSIST THE ATTORNEY GENERAL WITH RESPONSIBILITIES UNDER SECTION 24 698B. 25 SEC. 698D. IF THE RESPONDENT IS NOT THE PREVAILING PARTY, 26 THE COURT MAY ASSESS AGAINST THE RESPONDENT ALL DIRECT EXPENSES 04750'97 31 1 AND COSTS INCURRED BY THE ATTORNEY GENERAL AND LAW ENFORCEMENT 2 OFFICERS UNDER SECTION 698B OR 698C. 3 SEC. 699. IN APPLYING AND CONSTRUING THIS UNIFORM ACT, CON- 4 SIDERATION MUST BE GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE 5 LAW WITH RESPECT TO ITS SUBJECT MATTER AMONG STATES THAT ENACT 6 IT. 7 SEC. 699A. IF ANY PROVISION OF THIS ACT OR ITS APPLICATION 8 TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY 9 DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ACT 10 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLI- 11 CATION, AND TO THIS END THE PROVISIONS OF THIS ACT ARE 12 SEVERABLE. 13 SEC. 699B. A MOTION OR OTHER REQUEST FOR RELIEF MADE IN A 14 CHILD-CUSTODY PROCEEDING OR TO ENFORCE A CHILD-CUSTODY DETERMINA- 15 TION WHICH WAS COMMENCED BEFORE THE EFFECTIVE DATE OF THIS ACT IS 16 GOVERNED BY THE LAW IN EFFECT AT THE TIME THE MOTION OR OTHER 17 REQUEST WAS MADE. 18 Enacting section 1. Chapter 6a of the revised judicature 19 act of 1961, 1961 PA 236, MCL 600.651 to 600.673, is repealed. 04750'97 Final page. RJA