Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1942 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 972 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1942
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrianne Pusateri Ramos
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the uniform child custody jurisdiction and enforcement act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrianne Pusateri Ramos14th Essex1/14/2025 1 of 32
16	16	HOUSE DOCKET, NO. 972 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1942
18	18	By Representative Ramos of North Andover, a petition (accompanied by bill, House, No. 1942)
19	19	of Adrianne Pusateri Ramos for legislation relative to the uniform child custody jurisdiction and
20	20	enforcement act. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2961 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to the uniform child custody jurisdiction and enforcement act.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by striking out chapter 209B, as
32	32	2appearing in the 2022 Official Edition, and inserting in place thereof the following chapter:-
33	33	3 CHAPTER 209B
34	34	4 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
35	35	5 ARTICLE 1. GENERAL PROVISIONS
36	36	6 Section 1-101. SHORT TITLE
37	37	7 This chapter may be cited as the Massachusetts Uniform Child Custody Jurisdiction and
38	38	8Enforcement Act. 2 of 32
39	39	9 Section 1-102. DEFINITIONS
40	40	10 As used in this chapter, the following words shall have the following meanings unless the
41	41	11context clearly requires otherwise:
42	42	12 “Abandoned”, left without provision for reasonable and necessary care or supervision.
43	43	13 “Child”, an individual who has not attained 18 years of age.
44	44	14 “Child-custody determination”, a judgment, decree or other order of a court providing for
45	45	15legal custody, physical custody, parenting time or visitation with respect to a child; provided,
46	46	16however, that “child-custody determination” shall include a permanent, temporary, initial and
47	47	17modification order; provided further, that “child-custody determination” shall not include an
48	48	18order relating to child support or other monetary obligations of an individual.
49	49	19 “Child-custody proceeding”, a proceeding in which legal custody, physical custody,
50	50	20parenting time or visitation with respect to a child is at issue; provided, however, that “child
51	51	21custody proceeding” shall include a proceeding for divorce, separation, neglect, abuse,
52	52	22dependency, guardianship, paternity, termination of parental rights and protection from domestic
53	53	23violence in which the issue may appear; provided further, that “child-custody proceeding” shall
54	54	24not include a proceeding involving juvenile delinquency, contractual emancipation or
55	55	25enforcement under article 3.
56	56	26 “Commencement”, the filing of the first pleading in a child-custody proceeding.
57	57	27 “Court”, an entity authorized under the law of a state to establish, enforce or modify a
58	58	28child-custody determination.
59	59	29 “Domestic violence”, abuse as defined in section 1 of chapter 209A. 3 of 32
60	60	30 “Home state”, the state in which a child lived with a parent or a person acting as a parent
61	61	31for not less than 6 consecutive months, including, but not limited to, a period of temporary
62	62	32absence, immediately before the commencement of a child-custody proceeding; provided,
63	63	33however, that for a child less than 6 months of age, “home state” shall mean the state in which
64	64	34the child lived from birth with any of the persons mentioned.
65	65	35 “Initial determination”, the first child-custody determination concerning a particular
66	66	36child.
67	67	37 “Issuing court”, the court that makes a child-custody determination for which
68	68	38enforcement is sought under this chapter.
69	69	39 “Issuing state”, the state in which a child-custody determination is made.
70	70	40 “Modification”, a child-custody determination that changes, replaces, supersedes or is
71	71	41otherwise made after a previous determination concerning the same child, whether or not it is
72	72	42made by the court that made the previous determination.
73	73	43 “Person”, an individual, corporation, business trust, estate, trust, partnership, limited
74	74	44liability company, association, joint venture, government, governmental subdivision, agency,
75	75	45instrumentality, public corporation or any other legal or commercial entity.
76	76	46 “Person acting as a parent”, a person, other than a parent, who has:(i) physical custody of
77	77	47the child or had physical custody for a period of 6 consecutive months, including any temporary
78	78	48absence, within 1 year immediately before the commencement of a child-custody proceeding;
79	79	49and 4 of 32
80	80	50 (ii) been awarded legal custody by a court or claims a right to legal custody under the law
81	81	51of the commonwealth.
82	82	52 “Physical custody”, the physical care and supervision of a child.
83	83	53 “State”, a state of the United States, the District of Columbia, the Commonwealth of
84	84	54Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the
85	85	55jurisdiction of the United States.
86	86	56 “Tribe”, an Indian tribe or band or Alaskan Native village that is recognized by federal
87	87	57law or formally acknowledged by a state.
88	88	58 “Warrant”, an order issued by a court authorizing law enforcement officers to take
89	89	59physical custody of a child.
90	90	60 Section 1-103. PROCEEDINGS GOVERNED BY OTHER LAW
91	91	61 This chapter does not govern an adoption proceeding or a proceeding pertaining to the
92	92	62authorization of emergency medical care for a child.
93	93	63 Section 1-104. APPLICATION TO INDIAN TRIBES
94	94	64 (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian
95	95	65Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent it is
96	96	66governed by the Indian Child Welfare Act.
97	97	67 (b) A court of the commonwealth shall treat a tribe as if it were a state of the United
98	98	68States for the purpose of applying articles 1 and 2. 5 of 32
99	99	69 (c) A child-custody determination made by a tribe under factual circumstances in
100	100	70substantial conformity with the jurisdictional standards of this chapter shall be recognized and
101	101	71enforced under article 3.
102	102	72 Section 1-105. INTERNATIONAL APPLICATION OF ACT
103	103	73 (a) A court of the commonwealth shall treat a foreign country as if it were a state of the
104	104	74United States for the purpose of applying articles 1 and 2.
105	105	75 (b) Except as otherwise provided in subsection (c), a child-custody determination made in
106	106	76a foreign country under factual circumstances in substantial conformity with the jurisdictional
107	107	77standards of this chapter shall be recognized and enforced under article 3.
108	108	78 (c) The court of the commonwealth need not apply this chapter if the child custody law of
109	109	79a foreign country violates fundamental principles of human rights.
110	110	80 Section 1-106. EFFECT OF CHILD-CUSTODY DETERMINATION
111	111	81 A child-custody determination made by a court of the commonwealth that had
112	112	82jurisdiction under this chapter binds all persons who have; (i)(A) been served in accordance with
113	113	83the laws of the commonwealth, (B) been notified in accordance with section 1-108 or (C)
114	114	84submitted to the jurisdiction of the court; and (ii) been given an opportunity to be heard. As to
115	115	85those persons, the determination is conclusive as to all decided issues of law and fact except to
116	116	86the extent the determination is modified.
117	117	87 Section 1-107. PRIORITY 6 of 32
118	118	88 If a question of existence or exercise of jurisdiction under this chapter is raised in a child-
119	119	89custody proceeding, the question, upon request of a party, shall be given priority on the calendar
120	120	90and handled expeditiously.
121	121	91 Section 1-108. NOTICE TO PERSONS OUTSIDE STATE
122	122	92 (a) Notice required for the exercise of jurisdiction when a person is outside the
123	123	93commonwealth may be given in a manner prescribed by the law of the commonwealth for the
124	124	94service of process or by the law of the state in which the service is made. Notice shall be given in
125	125	95a manner reasonably calculated to give actual notice but may be by publication if other means
126	126	96are not effective.
127	127	97 (b) Proof of service may be made in the manner prescribed by the law of the
128	128	98commonwealth or by the law of the state in which the service is made.
129	129	99 (c) Notice shall not be required for the exercise of jurisdiction with respect to a person
130	130	100who submits to the jurisdiction of the court.
131	131	101 Section 1-109. APPEARANCE AND LIMITED IMMUNITY
132	132	102 (a) A party to a child-custody proceeding, including a modification proceeding, or a
133	133	103petitioner or respondent in a proceeding to enforce or register a child-custody determination shall
134	134	104not be subject to personal jurisdiction in the commonwealth solely by reason of: (i) being
135	135	105physically present to participate in a proceeding under this chapter; or (ii) having participated, or
136	136	106having been physically present for the purpose of participating, in another proceeding.
137	137	107 (b) A person who is subject to personal jurisdiction in the commonwealth on a basis
138	138	108other than physical presence is not immune from service of process in the commonwealth. A 7 of 32
139	139	109party present in the commonwealth who is subject to the jurisdiction of another state shall not be
140	140	110immune from service of process allowable under the laws of that state.
141	141	111 (c) The immunity granted by subsection (a) shall not extend to civil litigation based on
142	142	112acts unrelated to the participation in a proceeding under this chapter committed by an individual
143	143	113while present in the commonwealth.
144	144	114 Section 1-110. COMMUNICATION BETWEEN COURTS
145	145	115 (a) A court of the commonwealth may communicate with a court in another state
146	146	116concerning a proceeding arising under this chapter.
147	147	117 (b) The court may allow the parties to participate in the communication. If the parties are
148	148	118not able to participate in the communication, they shall be given the opportunity to present facts
149	149	119and legal arguments before a decision on jurisdiction is made.
150	150	120 (c) Communication between courts on schedules, calendars, court records and similar
151	151	121matters may occur without informing the parties. A record need not be made of that
152	152	122communication.
153	153	123 (d) Except as otherwise provided in subsection (c), a record shall be made of the
154	154	124communication under this section. The parties shall be informed promptly of the communication
155	155	125and granted access to the record.
156	156	126 (e) For the purposes of this section, “record” shall mean information that is inscribed on a
157	157	127tangible medium or that is stored in an electronic or other medium and is retrievable in
158	158	128perceivable form.
159	159	129 Section 1-111. TAKING TESTIMONY IN ANOTHER STATE 8 of 32
160	160	130 (a) In addition to other procedures available to a party, a party to a child-custody
161	161	131proceeding may participate by telephonic, audiovisual or other electronic means and may offer
162	162	132testimony of witnesses who are located in another state, including testimony of the parties and
163	163	133the child, by deposition or other means allowable in the commonwealth for testimony taken in
164	164	134another state. In making a request for telephonic, audiovisual or electronic participation, the
165	165	135party shall provide a reason for the request, which may include, but shall not be limited to,
166	166	136whether domestic violence or financial hardship prohibits that party from attending a hearing in
167	167	137the commonwealth. The court, on its own motion, may order that the testimony of a person to be
168	168	138taken in another state and may prescribe the manner in which and the terms upon which the
169	169	139testimony is taken.
170	170	140 (b) A court of the commonwealth may permit an individual residing in another state to be
171	171	141deposed or to testify by telephonic, audiovisual or other electronic means before a designated
172	172	142court or at another location in that state. A court of the commonwealth shall cooperate with
173	173	143courts of other states in designating an appropriate location for the deposition or testimony.
174	174	144 (c) Documentary evidence transmitted from another state to a court of the commonwealth
175	175	145by technological means that do not produce an original writing shall not be excluded from
176	176	146evidence on an objection based on the means of transmission.
177	177	147 Section 1-112. COOPERATION BETWEEN COURTS; PRESERVATION OF
178	178	148RECORDS
179	179	149 (a) A court of the commonwealth may request the appropriate court of another state to:
180	180	150 (1) hold an evidentiary hearing; 9 of 32
181	181	151 (2) order a person to produce or give evidence pursuant to procedures of that state;
182	182	152 (3) order that an evaluation be made with respect to the custody of a child involved in a
183	183	153pending proceeding;
184	184	154 (4) forward to the court of the commonwealth a certified copy of the transcript of the
185	185	155record of the hearing, the evidence otherwise presented and any evaluation prepared in
186	186	156compliance with the request; and
187	187	157 (5) order a party to a child-custody proceeding or a person having physical custody of the
188	188	158child to appear in the proceeding, with or without the child.
189	189	159 (b) Upon request of a court of another state, a court of the commonwealth may hold a
190	190	160hearing or enter an order described in subsection (a).
191	191	161 (c) Travel and other necessary and reasonable expenses incurred under subsections (a)
192	192	162and (b) may be assessed against the parties according to the law of the commonwealth.
193	193	163 (d) A court of the commonwealth shall preserve the pleadings, orders, decrees, records of
194	194	164hearings, evaluations and other pertinent records with respect to a child-custody proceeding until
195	195	165the child attains 18 years of age. Upon appropriate request by a court or law enforcement official
196	196	166of another state, the court shall forward a certified copy of those records.
197	197	167 ARTICLE 2. JURISDICTION
198	198	168 Section 2-201. INITIAL CHILD-CUSTODY JURISDICTION
199	199	169 (a) Except as otherwise provided in section 2-204, a court of the commonwealth shall
200	200	170have jurisdiction to make an initial child-custody determination only if: 10 of 32
201	201	171 (1) the commonwealth (i) is the home state of the child on the date of the commencement
202	202	172of the proceeding or (ii) was the home state of the child within 6 months before the
203	203	173commencement of the proceeding and the child is absent from the commonwealth but a parent or
204	204	174person acting as a parent continues to live in the commonwealth;
205	205	175 (2) a court of another state does not have jurisdiction under paragraph (1) or a court of the
206	206	176home state of the child has declined to exercise jurisdiction on the ground that the
207	207	177commonwealth is the more appropriate forum under section 2-207 or 2-208 and:
208	208	178 (i) the child and the child's parents, or the child and at least 1 parent or a person acting as
209	209	179a parent, have a significant connection with the commonwealth other than mere physical
210	210	180presence; and
211	211	181 (ii) substantial evidence is available in the commonwealth concerning the child's care,
212	212	182protection, training and personal relationships;
213	213	183 (3) all courts having jurisdiction under paragraphs (1) or (2) have declined to exercise
214	214	184jurisdiction on the ground that a court of the commonwealth is the more appropriate forum to
215	215	185determine the custody of the child under section 2-207 or 2-208; or
216	216	186 (4) no court of any other state would have jurisdiction under the criteria specified in
217	217	187paragraph (1), (2) or (3).
218	218	188 (b) Subsection (a) shall be the exclusive jurisdictional basis for making a child-custody
219	219	189determination by a court of the commonwealth.
220	220	190 (c) Physical presence of, or personal jurisdiction over a party or a child shall not be
221	221	191necessary or sufficient to make a child-custody determination. 11 of 32
222	222	192 Section 2-202. EXCLUSIVE, CONTINUING JURISDICTION
223	223	193 (a) Except as otherwise provided in section 2-204, a court of the commonwealth that has
224	224	194made a child-custody determination consistent with section 2-201 or 2-203 shall have exclusive,
225	225	195continuing jurisdiction over the determination until:
226	226	196 (1) a court of the commonwealth determines that neither the child nor a parent or any a
227	227	197person acting as a parent have a significant connection with the commonwealth and that
228	228	198substantial evidence is no longer available in the commonwealth concerning the child's care,
229	229	199protection, training and personal relationships; or
230	230	200 (2) a court of the commonwealth or a court of another state determines that neither the
231	231	201child nor a parent or any person acting as a parent presently resides in the commonwealth.
232	232	202 (b) a court of the commonwealth that has made a child-custody determination and does
233	233	203not have exclusive, continuing jurisdiction under this section may modify that determination
234	234	204only if it has jurisdiction to make an initial determination under section 2-201.
235	235	205 Section 2-203. JURISDICTION TO MODIFY DETERMINATION
236	236	206 Except as otherwise provided in section 2-204, a court of the commonwealth shall not
237	237	207modify a child-custody determination made by a court of another state unless a court of the
238	238	208commonwealth has jurisdiction to make an initial determination under paragraph (1) or (2) of
239	239	209subsection (a) of section 2-201 and:
240	240	210 (1) the court of the other state determines it no longer has exclusive, continuing
241	241	211jurisdiction under section 2-202 or that a court of the commonwealth would be a more
242	242	212convenient forum under section 2-207; or 12 of 32
243	243	213 (2) a court of the commonwealth or a court of the other state determines that the child, the
244	244	214child’s parents and any person acting as a parent do not presently reside in the other state.
245	245	215 Section 2-204. TEMPORARY EMERGENCY JURISDICTION
246	246	216 (a) A court of the commonwealth shall have temporary emergency jurisdiction if the
247	247	217child is present in the commonwealth and the child has been abandoned or it is necessary in an
248	248	218emergency to protect the child because the child, or a sibling or parent of the child, is subjected
249	249	219to or threatened with mistreatment or abuse as defined in section 1 of chapter 209A.
250	250	220 (b) If there is no previous child-custody determination that is entitled to be enforced
251	251	221under this chapter and a child-custody proceeding has not been commenced in a court of a state
252	252	222having jurisdiction under sections 2-201 to 2-203, inclusive, a child-custody determination made
253	253	223under this section shall remain in effect until an order is obtained from a court of a state having
254	254	224jurisdiction under said sections 2-201 to 2-203, inclusive. If a child-custody proceeding has not
255	255	225been or is not commenced in a court of a state having jurisdiction under said sections 2-201 to 2-
256	256	226203, inclusive, a child-custody determination made under this section shall become a final
257	257	227determination if it so provides and the commonwealth becomes the home state of the child.
258	258	228 (c) If there is a previous child-custody determination that is entitled to be enforced under
259	259	229this chapter or a child-custody proceeding has been commenced in a court of a state having
260	260	230jurisdiction under sections 2-201 to 2-203, inclusive, any order issued by a court of the
261	261	231commonwealth under this section shall specify in the order a period that the court considers
262	262	232adequate to allow the person seeking an order to obtain an order from the state having
263	263	233jurisdiction under said sections 2-201 to 2-203, inclusive. The order issued in the commonwealth 13 of 32
264	264	234shall remain in effect until an order is obtained from the other state within the period specified or
265	265	235said period expires.
266	266	236 (d) A court of the commonwealth that has been asked to make a child-custody
267	267	237determination under this section, upon being informed that a child-custody proceeding has been
268	268	238commenced in, or a child-custody determination has been made by, a court of a state having
269	269	239jurisdiction under sections 2-201 to 2-203, inclusive, shall immediately communicate with the
270	270	240other court. A court of the commonwealth that is exercising jurisdiction pursuant to said sections
271	271	2412-201 to 2-203, inclusive, upon being informed that a child-custody proceeding has been
272	272	242commenced in, or a child-custody determination has been made by, a court of another state under
273	273	243a statute similar to this section, shall immediately communicate with the court of that state to
274	274	244resolve the emergency, protect the safety of the parties and the child and determine a period for
275	275	245the duration of the temporary order.
276	276	246 Section 2-205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER
277	277	247 (a) Before a child-custody determination is made under this chapter, notice and an
278	278	248opportunity to be heard in accordance with the standards of section 1-108 shall be given to all
279	279	249persons entitled to notice under the law of the commonwealth as in child-custody proceedings
280	280	250between residents of the commonwealth, any parent whose parental rights have not been
281	281	251previously terminated and any person having physical custody of the child.
282	282	252 (b) This chapter shall not govern the enforceability of a child-custody determination
283	283	253made without notice and an opportunity to be heard. 14 of 32
284	284	254 (c) The obligation to join a party and the right to intervene as a party in a child-custody
285	285	255proceeding under this chapter are governed by the law of the commonwealth as in child-custody
286	286	256proceedings between residents of the commonwealth.
287	287	257 Section 2-206. SIMULTANEOUS PROCEEDINGS
288	288	258 (a) Except as otherwise provided in section 2-204, a court of the commonwealth shall not
289	289	259exercise its jurisdiction under article 2 if, at the time of the commencement of the proceeding, a
290	290	260proceeding concerning the custody of the child has been commenced in a court of another state
291	291	261having jurisdiction substantially in conformity with this chapter, unless the proceeding has been
292	292	262terminated or is stayed by the court of the other state because a court of the commonwealth is a
293	293	263more convenient forum under section 2-207.
294	294	264 (b) Except as otherwise provided in section 2-204, a court of the commonwealth, before
295	295	265hearing a child-custody proceeding, shall examine the court documents and other information
296	296	266supplied by the parties pursuant to section 2-209. If the court determines that a child-custody
297	297	267proceeding has been commenced in a court in another state having jurisdiction substantially in
298	298	268conformity with this chapter, the court of the commonwealth shall stay its proceeding and
299	299	269communicate with the court of the other state. If the court of the state having jurisdiction
300	300	270substantially in conformity with this chapter does not determine that the court of the
301	301	271commonwealth is a more appropriate forum, the court of the commonwealth shall dismiss the
302	302	272proceeding.
303	303	273 (c) In a proceeding to modify a child-custody determination, a court of the
304	304	274commonwealth shall determine whether a proceeding to enforce the determination has been 15 of 32
305	305	275commenced in another state. If a proceeding to enforce a child-custody determination has been
306	306	276commenced in another state, the court may:
307	307	277 (1) stay the proceeding for modification pending the entry of an order of a court of the
308	308	278other state enforcing, staying, denying or dismissing the proceeding for enforcement;
309	309	279 (2) enjoin the parties from continuing with the proceeding for enforcement; or
310	310	280 (3) proceed with the modification under conditions it considers appropriate.
311	311	281 SECTION 2-207. INCONVENIENT FORUM
312	312	282 (a) A court of the commonwealth that has jurisdiction under this chapter to make a child-
313	313	283custody determination may decline to exercise its jurisdiction at any time if the court determines
314	314	284that it is an inconvenient forum under the circumstances and that a court of another state is a
315	315	285more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
316	316	286the court's own motion or request of another court.
317	317	287 (b) Before determining whether it is an inconvenient forum, a court of the commonwealth
318	318	288shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For
319	319	289this purpose, the court shall allow the parties to submit information and shall consider all
320	320	290relevant factors including:
321	321	291 (1) whether domestic violence has occurred and is likely to continue in the future and
322	322	292which state could best protect the parties and the child;
323	323	293 (2) the length of time the child has resided outside the commonwealth; 16 of 32
324	324	294 (3) the distance between the court in the commonwealth and the court in the state that
325	325	295would assume jurisdiction;
326	326	296 (4) the relative financial circumstances of the parties;
327	327	297 (5) an agreement of the parties as to which state should assume jurisdiction;
328	328	298 (6) the nature and location of the evidence required to resolve the pending litigation,
329	329	299including testimony of the child;
330	330	300 (7) the ability of the court of each state to decide the issue expeditiously and the
331	331	301procedures necessary to present the evidence; and
332	332	302 (8) the familiarity of the court of each state with the facts and issues of the pending
333	333	303litigation.
334	334	304 (c) If a court of the commonwealth determines that it is an inconvenient forum and that a
335	335	305court of another state is a more appropriate forum, the court shall stay the proceedings upon
336	336	306condition that a child-custody proceeding be promptly commenced in another designated state
337	337	307and may impose any other condition the court considers just and proper.
338	338	308 (d) A court of the commonwealth may decline to exercise its jurisdiction under this
339	339	309chapter if a child-custody determination is incidental to an action for divorce or another
340	340	310proceeding while still retaining jurisdiction over the divorce or other proceeding.
341	341	311 Section 2-208. JURISDICTION DECLINED BY REASON OF CONDUCT
342	342	312 (a) Except as otherwise provided in section 2-204 or by another law of the
343	343	313commonwealth, if a court of the commonwealth has jurisdiction under this chapter because a 17 of 32
344	344	314person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall
345	345	315decline to exercise its jurisdiction unless:
346	346	316 (1) the parents and all persons acting as parents have acquiesced to the exercise of
347	347	317jurisdiction;
348	348	318 (2) a court of the state otherwise having jurisdiction under sections 2-201 to 2-203,
349	349	319inclusive, determines that the commonwealth is a more appropriate forum under section 2-207;
350	350	320or
351	351	321 (3) no court of another state would have jurisdiction under the criteria specified in
352	352	322sections 2-201 to 2-203, inclusive.
353	353	323 (b) If a court of the commonwealth declines to exercise its jurisdiction pursuant to
354	354	324subsection (a), the court may fashion an appropriate remedy to ensure the safety of the child and
355	355	325prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-
356	356	326custody proceeding is commenced in a court having jurisdiction under sections 2-201 to 2-203,
357	357	327inclusive.
358	358	328 (c) If a court dismisses a complaint or a petition or stays a proceeding because it declines
359	359	329to exercise its jurisdiction under subsection (a), the court shall assess against the party seeking to
360	360	330invoke its jurisdiction necessary and reasonable expenses including costs, communication
361	361	331expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child
362	362	332care during the course of the proceedings, unless the party from whom fees are sought
363	363	333establishes that the assessment would be clearly inappropriate. The court shall not assess fees,
364	364	334costs or expenses against the commonwealth unless authorized by law other than this chapter. 18 of 32
365	365	335 Section 2-209. INFORMATION TO BE SUBMITTED TO COURT
366	366	336 (a) Subject to local law providing for the confidentiality of procedures, addresses and
367	367	337other identifying information, in a child-custody proceeding, each party, in its first pleading or in
368	368	338an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the
369	369	339child's present address or whereabouts, the places where the child has lived during the last 5
370	370	340years and the names and present addresses of the persons with whom the child has lived during
371	371	341that period. The pleading or affidavit shall state whether the party:
372	372	342 (1) has participated, as a party or witness or in any other capacity, in any other
373	373	343proceeding concerning the custody of, the parenting time of or visitation with the child and, if so,
374	374	344identify the court, case number and date of the child-custody determination, if any;
375	375	345 (2) knows of any proceeding that could affect the current proceeding, including
376	376	346proceedings for enforcement and proceedings relating to domestic violence, protective orders,
377	377	347termination of parental rights and adoptions and, if so, identify the court, case number and nature
378	378	348of the proceeding; and
379	379	349 (3) knows the names and addresses of any person not a party to the proceeding who has
380	380	350physical custody of the child or claims rights of legal custody or physical custody of, parenting
381	381	351time of or visitation with the child and, if so, the names and addresses of those persons.
382	382	352 (b) If the information required by subsection (a) is not furnished, the court, upon motion
383	383	353of a party or its own motion, may stay the proceeding until the information is furnished.
384	384	354 (c) If the declaration as to any of the items described in paragraphs (1) to (3), inclusive,
385	385	355of subsection (a) is in the affirmative, the declarant shall give additional information under oath 19 of 32
386	386	356as required by the court. The court may examine the parties under oath as to details of the
387	387	357information furnished and other matters pertinent to the court's jurisdiction and the disposition of
388	388	358the case.
389	389	359 (d) Each party shall have a continuing duty to inform the court of any proceeding in the
390	390	360commonwealth or any other state that could affect the current proceeding.
391	391	361 (e) If a party alleges in an affidavit or a pleading under oath that the health, safety or
392	392	362liberty of a party or child would be jeopardized by disclosure of identifying information, the
393	393	363information shall be sealed and shall not be disclosed to the other party or the public unless the
394	394	364court orders the disclosure to be made after a hearing in which the court takes into consideration
395	395	365the health, safety or liberty of the party or child and determines that the disclosure is in the
396	396	366interest of justice.
397	397	367 Section 2-210. APPEARANCE OF PARTIES AND CHILD
398	398	368 (a) In a child-custody proceeding in the commonwealth, the court may order a party to
399	399	369the proceeding who is in the commonwealth to appear before the court in person with or without
400	400	370the child; provided however, that the court may order any person who is in the commonwealth
401	401	371and who has physical custody or control of the child to appear in person with the child.
402	402	372 (b) If a party to a child-custody proceeding whose presence is desired by the court is
403	403	373outside the commonwealth, the court may order that a notice given pursuant to section 1-108
404	404	374include a statement directing the party to appear in person with or without the child and
405	405	375informing the party that failure to appear may result in a decision adverse to that party. 20 of 32
406	406	376 (c) The court may enter any orders necessary to ensure the safety of the child and of any
407	407	377person ordered to appear under this section.
408	408	378 (d) If a party to a child-custody proceeding who is outside the commonwealth is directed
409	409	379to appear under subsection (b) or desires to appear personally before the court with or without
410	410	380the child, the court may require another party to pay reasonable and necessary travel and other
411	411	381expenses of the party so appearing and of the child.
412	412	382 ARTICLE 3. ENFORCEMENT
413	413	383 Section 3-301. DEFINITIONS
414	414	384 As used in article 3, the following words shall have the following meanings unless the
415	415	385context clearly requires otherwise:
416	416	386 “Plaintiff” or “Petitioner”, a person who seeks enforcement of (i) an order for return of a
417	417	387child under the Hague Convention on the Civil Aspects of International Child Abduction or (ii) a
418	418	388child-custody determination.
419	419	389 “Defendant” or “Respondent”, a person against whom a proceeding has been commenced
420	420	390for enforcement of (i) an order for return of a child under the Hague Convention on the Civil
421	421	391Aspects of International Child Abduction or (ii) a child-custody determination.
422	422	392 Section 3-302. ENFORCEMENT UNDER HAGUE CONVENTION.
423	423	393 A court of the commonwealth may enforce an order for the return of the child made
424	424	394under the Hague Convention on the Civil Aspects of International Child Abduction as if the
425	425	395order were a child-custody determination. 21 of 32
426	426	396 Section 3-303. DUTY TO ENFORCE
427	427	397 (a) A court of the commonwealth shall recognize and enforce a child-custody
428	428	398determination of a court of another state if the latter court exercised jurisdiction in substantial
429	429	399conformity with this chapter or the determination was made under factual circumstances meeting
430	430	400the jurisdictional standards of this chapter and the determination has not been modified in
431	431	401accordance with this chapter.
432	432	402 (b) A court of the commonwealth may utilize any remedy available under the law of the
433	433	403commonwealth to enforce a child-custody determination made by a court of another state. The
434	434	404remedies provided in article 3 are cumulative and shall not affect the availability of other
435	435	405remedies to enforce a child-custody determination.
436	436	406 Section 3-304. TEMPORARY VISITATION
437	437	407 (a) A court of the commonwealth that does not have jurisdiction to modify a child-
438	438	408custody determination may issue a temporary order enforcing:
439	439	409 (1) a parenting plan or visitation schedule made by a court of another state; or
440	440	410 (2) the parenting plan or visitation provisions of a child-custody determination of another
441	441	411state that does not provide for a specific visitation schedule.
442	442	412 (b) If a court of the commonwealth makes an order under paragraph (2) of subsection (a),
443	443	413the court shall specify in the order a period that it considers adequate to allow the petitioner to
444	444	414obtain an order from a court having jurisdiction under the criteria specified in article 2. The order
445	445	415remains in effect until an order is obtained from the other state or the period expires.
446	446	416 Section 3-305. REGISTRATION OF CHILD-CUSTODY DETERMINATION 22 of 32
447	447	417 (a) A child-custody determination issued by a court of another state may be registered in
448	448	418the commonwealth, with or without a simultaneous request for enforcement, by sending the
449	449	419following to the appropriate court in the commonwealth:
450	450	420 (1) a letter or other document requesting registration;
451	451	421 (2) 2 copies, including 1 certified copy, of the determination sought to be registered and a
452	452	422statement under penalty of perjury that to the best of the knowledge and belief of the person
453	453	423seeking registration the order has not been modified; and
454	454	424 (3) except as otherwise provided in section 2-209, the name and address of the person
455	455	425seeking registration and any parent or person acting as a parent who has been awarded custody,
456	456	426parenting time or visitation in the child-custody determination sought to be registered.
457	457	427 (b) (1) On receipt of the documents required by subsection (a), the registering court shall
458	458	428cause the determination to be filed as a foreign judgment, together with 1 copy of any
459	459	429accompanying documents and information, regardless of their form.
460	460	430 (2) The person seeking registration shall serve notice upon the persons named pursuant to
461	461	431paragraph (3) of subsection (a) and provide them with an opportunity to contest the registration
462	462	432in accordance with this section.
463	463	433 (c) The notice required by paragraph (2) of subsection (b) shall state that:
464	464	434 (1) a registered determination is enforceable as of the date of the registration in the same
465	465	435manner as a determination issued by a court of the commonwealth;
466	466	436 (2) a hearing to contest the validity of the registered determination shall be requested
467	467	437within 20 days after service of notice; and 23 of 32
468	468	438 (3) failure to contest the registration shall result in confirmation of the child-custody
469	469	439determination and preclude further contest of that determination with respect to any matter that
470	470	440could have been asserted.
471	471	441 (d) A person seeking to contest the validity of a registered order shall request a hearing
472	472	442within 20 days after service of the notice. At that hearing, the court shall confirm the registered
473	473	443order unless the person contesting registration establishes that:
474	474	444 (1) the issuing court did not have jurisdiction under article 2;
475	475	445 (2) the child-custody determination sought to be registered has been vacated, stayed or
476	476	446modified by a court of a state having jurisdiction to do so under article 2; or
477	477	447 (3) the person contesting registration was entitled to notice, but notice was not given in
478	478	448accordance with the standards of section 1-108, in the proceedings before the court that issued
479	479	449the order for which registration is sought.
480	480	450 (e) If a timely request for a hearing to contest the validity of the registration is not made,
481	481	451the registration is confirmed as a matter of law and the person requesting registration and all
482	482	452persons served shall be notified of the confirmation.
483	483	453 (f) Confirmation of a registered order, whether by operation of law or after notice and
484	484	454hearing, precludes further contest of the order with respect to any matter that could have been
485	485	455asserted at the time of registration.
486	486	456 Section 3-306. ENFORCEMENT OF REGISTERED DETERMINATION 24 of 32
487	487	457 (a) A court of the commonwealth may grant any relief normally available under the law
488	488	458of the commonwealth to enforce a registered child-custody determination made by a court of
489	489	459another state.
490	490	460 (b) A court of the commonwealth shall recognize and enforce, but shall not modify,
491	491	461except in accordance with article 2, a registered child-custody determination of a court of another
492	492	462state.
493	493	463 Section 3-307. SIMULTANEOUS PROCEEDINGS
494	494	464 If a proceeding for enforcement under this article is commenced in a court of the
495	495	465commonwealth and the court determines that a proceeding to modify the determination is
496	496	466pending in a court of another state having jurisdiction to modify the determination under article
497	497	4672, the enforcing court shall immediately communicate with the modifying court. The proceeding
498	498	468for enforcement continues unless the enforcing court, after consultation with the modifying
499	499	469court, stays or dismisses the proceeding.
500	500	470 Section 3-308. EXPEDITED ENFORCEMENT OF CHILD-CUSTODY
501	501	471DETERMINATION
502	502	472 (a) A complaint or petition under this article shall be verified. Certified copies of all
503	503	473orders sought to be enforced and of any order confirming registration shall be attached to the
504	504	474petition. A copy of a certified copy of an order may be attached instead of the original.
505	505	475 (b) A complaint or petition for enforcement of a child-custody determination shall state:
506	506	476 (1) whether the court that issued the determination identified the jurisdictional basis it
507	507	477relied upon in exercising jurisdiction and, if so, what the basis was; 25 of 32
508	508	478 (2) whether the determination for which enforcement is sought has been vacated, stayed
509	509	479or modified by a court whose decision shall be enforced under this chapter and, if so, identify the
510	510	480court, case number and nature of the proceeding;
511	511	481 (3) whether any proceeding has been commenced that could affect the current
512	512	482proceeding, including proceedings relating to domestic violence, protective orders, termination
513	513	483of parental rights and adoptions and, if so, identify the court, case number and nature of the
514	514	484proceeding;
515	515	485 (4) the present physical address of the child and the defendant or respondent, if known;
516	516	486 (5) whether relief in addition to the immediate physical custody of the child and
517	517	487attorney's fees is sought, including a request for assistance from law enforcement officials and, if
518	518	488so, the relief sought; and
519	519	489 (6) if the child-custody determination has been registered and confirmed under section 3-
520	520	490305, the date and place of registration.
521	521	491 (c) Upon the filing of a complaint or petition, the court shall issue an order directing the
522	522	492defendant or respondent to appear with or without the child at a hearing and may enter any
523	523	493orders necessary to ensure the safety of the parties and the child. The hearing shall be held on the
524	524	494next judicial day after service of the order unless that date is impossible. In that event, the court
525	525	495shall hold the hearing on the first judicial day possible. The court may extend the date of the
526	526	496hearing at the request of the plaintiff or petitioner.
527	527	497 (d) An order issued under subsection (c) shall state the time and place of the hearing and
528	528	498shall advise the defendant or respondent that at the hearing the court will order that the plaintiff 26 of 32
529	529	499or petitioner may take immediate physical custody of the child and the payment of fees, costs
530	530	500and expenses under section 3-312 and may schedule a hearing to determine whether further relief
531	531	501is appropriate, unless the defendant or respondent appears and establishes that:
532	532	502 (1) the child-custody determination has not been registered and confirmed under section
533	533	5033-305 and that:
534	534	504 (i) the issuing court did not have jurisdiction under article 2;
535	535	505 (ii) the child-custody determination for which enforcement is sought has been vacated,
536	536	506stayed or modified by a court having jurisdiction to do so under article 2; or
537	537	507 (iii) the defendant or respondent was entitled to notice, but notice was not given in
538	538	508accordance with the standards of section 1-108, in the proceedings before the court that issued
539	539	509the order for which enforcement is sought; or
540	540	510 (2) the child-custody determination for which enforcement is sought was registered and
541	541	511confirmed under section 3-305, but has been vacated, stayed or modified by a court of a state
542	542	512having jurisdiction to do so under article 2.
543	543	513 Section 3-309. SERVICE OF COMPLAINT OR PETITION AND ORDER
544	544	514 Except as otherwise provided in section 3-311, the complaint or petition and order shall
545	545	515be served, by any method authorized by the law of the commonwealth, upon the respondent and
546	546	516any person who has physical custody of the child.
547	547	517 Section 3-310. HEARING AND ORDER 27 of 32
548	548	518 (a) Unless the court enters a temporary emergency order pursuant to section 2-204, upon
549	549	519a finding that a plaintiff or petitioner is entitled to immediate physical custody of the child, the
550	550	520court shall order that the plaintiff or petitioner may take immediate physical custody of the child
551	551	521unless the defendant or respondent establishes that:
552	552	522 (1) the child-custody determination has not been registered and confirmed under section
553	553	5233-305 and that:
554	554	524 (i) the issuing court did not have jurisdiction under article 2;
555	555	525 (ii) the child-custody determination for which enforcement is sought has been vacated,
556	556	526stayed or modified by a court of a state having jurisdiction to do so under article 2; or
557	557	527 (iii) the defendant or respondent was entitled to notice, but notice was not given in
558	558	528accordance with the standards of section 1-108, in the proceedings before the court that issued
559	559	529the order for which enforcement is sought; or
560	560	530 (2) the child-custody determination for which enforcement is sought was registered and
561	561	531confirmed under section 3-305 but has been vacated, stayed or modified by a court of a state
562	562	532having jurisdiction to do so under article 2 or federal law.
563	563	533 (b) The court shall award the fees, costs and expenses authorized under section 3-312 and
564	564	534may grant additional relief, including a request for the assistance of law enforcement officials,
565	565	535and set a further hearing to determine whether additional relief is appropriate.
566	566	536 (c) If a party called to testify refuses to answer on the ground that the testimony may be
567	567	537self-incriminating, the court may draw an adverse inference from the refusal. 28 of 32
568	568	538 (d) A privilege against disclosure of communications between spouses and a defense of
569	569	539immunity based on the spousal relationship or parent and child relationship does not apply in a
570	570	540proceeding under article 3.
571	571	541 Section 3-311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD
572	572	542 (a) Upon the filing of a complaint or petition seeking enforcement of a child-custody
573	573	543determination, the plaintiff or petitioner may file a verified application for the issuance of a
574	574	544warrant to take physical custody of the child if the child is immediately likely to suffer serious
575	575	545physical harm or be removed from the commonwealth.
576	576	546 (b) If the court, upon the testimony of the plaintiff or petitioner or other witness, finds
577	577	547that the child is imminently likely to suffer serious physical harm or be removed from the
578	578	548commonwealth, it may issue a warrant to take physical custody of the child. The complaint or
579	579	549petition shall be heard on the next judicial day after the warrant is executed unless it is
580	580	550impossible on that date. In that event, the court shall hold the hearing on the first judicial day
581	581	551possible. The application for the warrant shall include the statements required by subsection (b)
582	582	552of section 3-308.
583	583	553 (c) A warrant to take physical custody of a child shall:
584	584	554 (1) recite the facts upon which a conclusion of imminent serious physical harm or
585	585	555removal from the commonwealth is based;
586	586	556 (2) direct law enforcement officers to take physical custody of the child immediately; and
587	587	557 (3) provide for the placement of the child pending final relief. 29 of 32
588	588	558 (d) The defendant or respondent shall be served with the complaint or petition, warrant
589	589	559and order immediately after the child is taken into physical custody.
590	590	560 (e) A warrant to take physical custody of a child is enforceable throughout the
591	591	561commonwealth. If the court finds on the basis of the testimony of the plaintiff or petitioner or
592	592	562other witness that a less intrusive remedy is not effective, the court may authorize law
593	593	563enforcement officers to enter private property to take physical custody of the child. If required by
594	594	564the exigency circumstances of the case, the court may authorize law enforcement officers to
595	595	565make a forcible entry at any hour.
596	596	566 (f) The court may impose conditions upon placement of a child to ensure the appearance
597	597	567of the child and the child's custodian.
598	598	568 Section 3-312. COSTS, FEES AND EXPENSES
599	599	569 (a) The court shall award the prevailing party, including a state, necessary and reasonable
600	600	570expenses incurred by or on behalf of the party, including costs, communication expenses,
601	601	571attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during
602	602	572the course of the proceedings, unless the party from whom fees or expenses are sought
603	603	573establishes that the award would be clearly inappropriate.
604	604	574 (b) The court shall not assess fees, costs or expenses against a state unless authorized by
605	605	575law other than this chapter.
606	606	576 Section 3-313. RECOGNITION AND ENFORCEMENT
607	607	577 A court of the commonwealth shall accord full faith and credit to an order issued by
608	608	578another state and consistent with this chapter that enforces a child-custody determination by a 30 of 32
609	609	579court of another state unless the order has been vacated, stayed or modified by a court having
610	610	580jurisdiction to do so under article 2.
611	611	581 Section 3-314. APPEALS
612	612	582 An appeal may be taken from a final order in a proceeding under this article in
613	613	583accordance with expedited appellate procedures in other civil cases. Unless the court enters a
614	614	584temporary emergency order under section 2-204, the enforcing court shall not stay an order
615	615	585enforcing a child-custody determination pending appeal.
616	616	586 Section 3-315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL
617	617	587 (a) In a case arising under this chapter or involving the Hague Convention on the Civil
618	618	588Aspects of International Child Abduction, the prosecutor or other appropriate public official may
619	619	589take any lawful action, including resort to a proceeding under this article or any other available
620	620	590civil proceeding to locate a child, obtain the return of a child or enforce a child-custody
621	621	591determination if there is:
622	622	592 (1) an existing child-custody determination;
623	623	593 (2) a request to do so from a court in a pending child-custody proceeding;
624	624	594 (3) a reasonable belief that a criminal statute has been violated; or
625	625	595 (4) a reasonable belief that the child has been wrongfully removed or retained in violation
626	626	596of the Hague Convention on the Civil Aspects of International Child Abduction.
627	627	597 (b) A prosecutor or appropriate public official acting under this section shall represent the
628	628	598commonwealth and shall not represent any other party to the proceeding. 31 of 32
629	629	599 Section 3-316. ROLE OF LAW ENFORCEMENT
630	630	600 At the request of a prosecutor or other appropriate public official acting under section 3-
631	631	601315, a law enforcement officer may take any lawful action reasonably necessary to locate a child
632	632	602or a party and assist a prosecutor or appropriate public official with responsibilities under said
633	633	603section 3-315.
634	634	604 Section 3-317. COSTS AND EXPENSES
635	635	605 If the defendant or respondent is not the prevailing party, the court may assess against the
636	636	606defendant or respondent all direct expenses and costs incurred by the prosecutor or other
637	637	607appropriate public official and law enforcement officers under section 3-315 or 3-316.
638	638	608 ARTICLE 4. MISCELLANEOUS PROVISIONS
639	639	609 Section 4-401. APPLICATION AND CONSTRUCTION
640	640	610 In applying and construing this uniform act, consideration shall be given to the need to
641	641	611promote uniformity of the law with respect to its subject matter among states that enact it.
642	642	612 Section 4-402. SEVERABILITY CLAUSE
643	643	613 If any provision of this chapter or its application to any person or circumstance is held
644	644	614invalid, the invalidity shall not affect other provisions or applications of this chapter that can be
645	645	615given effect without the invalid provision or application, and to this end the provisions of this
646	646	616chapter are severable. 32 of 32
647	647	617 SECTION 2. A motion or other request for relief made in a child-custody proceeding or
648	648	618to enforce a child-custody determination that was commenced before the effective date of this
649	649	619chapter shall be governed by the law in effect at the time the motion or other request was made.
650	650	620 SECTION 3. This act shall take effect on December 31, 2024.