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SENATE DOCKET, NO. 247 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1052
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the uniform child custody jurisdiction and enforcement act.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 32
SENATE DOCKET, NO. 247 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1052
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1052) of Cynthia Stone Creem for
legislation relative to the uniform child custody jurisdiction and enforcement act. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2961 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the uniform child custody jurisdiction and enforcement act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by striking out chapter 209B, as
2appearing in the 2022 Official Edition, and inserting in place thereof the following chapter:-
3 CHAPTER 209B
4 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
5 ARTICLE 1. GENERAL PROVISIONS
6 Section 1-101. SHORT TITLE
7 This chapter may be cited as the Massachusetts Uniform Child Custody Jurisdiction and
8Enforcement Act.
9 Section 1-102. DEFINITIONS 2 of 32
10 As used in this chapter, the following words shall have the following meanings unless the
11context clearly requires otherwise:
12 “Abandoned”, left without provision for reasonable and necessary care or supervision.
13 “Child”, an individual who has not attained 18 years of age.
14 “Child-custody determination”, a judgment, decree or other order of a court providing for
15legal custody, physical custody, parenting time or visitation with respect to a child; provided,
16however, that “child-custody determination” shall include a permanent, temporary, initial and
17modification order; provided further, that “child-custody determination” shall not include an
18order relating to child support or other monetary obligations of an individual.
19 “Child-custody proceeding”, a proceeding in which legal custody, physical custody,
20parenting time or visitation with respect to a child is at issue; provided, however, that “child
21custody proceeding” shall include a proceeding for divorce, separation, neglect, abuse,
22dependency, guardianship, paternity, termination of parental rights and protection from domestic
23violence in which the issue may appear; provided further, that “child-custody proceeding” shall
24not include a proceeding involving juvenile delinquency, contractual emancipation or
25enforcement under article 3.
26 “Commencement”, the filing of the first pleading in a child-custody proceeding.
27 “Court”, an entity authorized under the law of a state to establish, enforce or modify a
28child-custody determination.
29 “Domestic violence”, abuse as defined in section 1 of chapter 209A. 3 of 32
30 “Home state”, the state in which a child lived with a parent or a person acting as a parent
31for not less than 6 consecutive months, including, but not limited to, a period of temporary
32absence, immediately before the commencement of a child-custody proceeding; provided,
33however, that for a child less than 6 months of age, “home state” shall mean the state in which
34the child lived from birth with any of the persons mentioned.
35 “Initial determination”, the first child-custody determination concerning a particular
36child.
37 “Issuing court”, the court that makes a child-custody determination for which
38enforcement is sought under this chapter.
39 “Issuing state”, the state in which a child-custody determination is made.
40 “Modification”, a child-custody determination that changes, replaces, supersedes or is
41otherwise made after a previous determination concerning the same child, whether or not it is
42made by the court that made the previous determination.
43 “Person”, an individual, corporation, business trust, estate, trust, partnership, limited
44liability company, association, joint venture, government, governmental subdivision, agency,
45instrumentality, public corporation or any other legal or commercial entity.
46 “Person acting as a parent”, a person, other than a parent, who has:(i) physical custody of
47the child or had physical custody for a period of 6 consecutive months, including any temporary
48absence, within 1 year immediately before the commencement of a child-custody proceeding;
49and 4 of 32
50 (ii) been awarded legal custody by a court or claims a right to legal custody under the law
51of the commonwealth.
52 “Physical custody”, the physical care and supervision of a child.
53 “State”, a state of the United States, the District of Columbia, the Commonwealth of
54Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the
55jurisdiction of the United States.
56 “Tribe”, an Indian tribe or band or Alaskan Native village that is recognized by federal
57law or formally acknowledged by a state.
58 “Warrant”, an order issued by a court authorizing law enforcement officers to take
59physical custody of a child.
60 Section 1-103. PROCEEDINGS GOVERNED BY OTHER LAW
61 This chapter does not govern an adoption proceeding or a proceeding pertaining to the
62authorization of emergency medical care for a child.
63 Section 1-104. APPLICATION TO INDIAN TRIBES
64 (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian
65Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent it is
66governed by the Indian Child Welfare Act.
67 (b) A court of the commonwealth shall treat a tribe as if it were a state of the United
68States for the purpose of applying articles 1 and 2. 5 of 32
69 (c) A child-custody determination made by a tribe under factual circumstances in
70substantial conformity with the jurisdictional standards of this chapter shall be recognized and
71enforced under article 3.
72 Section 1-105. INTERNATIONAL APPLICATION OF ACT
73 (a) A court of the commonwealth shall treat a foreign country as if it were a state of the
74United States for the purpose of applying articles 1 and 2.
75 (b) Except as otherwise provided in subsection (c), a child-custody determination made in
76a foreign country under factual circumstances in substantial conformity with the jurisdictional
77standards of this chapter shall be recognized and enforced under article 3.
78 (c) The court of the commonwealth need not apply this chapter if the child custody law of
79a foreign country violates fundamental principles of human rights.
80 Section 1-106. EFFECT OF CHILD-CUSTODY DETERMINATION
81 A child-custody determination made by a court of the commonwealth that had
82jurisdiction under this chapter binds all persons who have; (i)(A) been served in accordance with
83the laws of the commonwealth, (B) been notified in accordance with section 1-108 or (C)
84submitted to the jurisdiction of the court; and (ii) been given an opportunity to be heard. As to
85those persons, the determination is conclusive as to all decided issues of law and fact except to
86the extent the determination is modified.
87 Section 1-107. PRIORITY 6 of 32
88 If a question of existence or exercise of jurisdiction under this chapter is raised in a child-
89custody proceeding, the question, upon request of a party, shall be given priority on the calendar
90and handled expeditiously.
91 Section 1-108. NOTICE TO PERSONS OUTSIDE STATE
92 (a) Notice required for the exercise of jurisdiction when a person is outside the
93commonwealth may be given in a manner prescribed by the law of the commonwealth for the
94service of process or by the law of the state in which the service is made. Notice shall be given in
95a manner reasonably calculated to give actual notice but may be by publication if other means
96are not effective.
97 (b) Proof of service may be made in the manner prescribed by the law of the
98commonwealth or by the law of the state in which the service is made.
99 (c) Notice shall not be required for the exercise of jurisdiction with respect to a person
100who submits to the jurisdiction of the court.
101 Section 1-109. APPEARANCE AND LIMITED IMMUNITY
102 (a) A party to a child-custody proceeding, including a modification proceeding, or a
103petitioner or respondent in a proceeding to enforce or register a child-custody determination shall
104not be subject to personal jurisdiction in the commonwealth solely by reason of: (i) being
105physically present to participate in a proceeding under this chapter; or (ii) having participated, or
106having been physically present for the purpose of participating, in another proceeding.
107 (b) A person who is subject to personal jurisdiction in the commonwealth on a basis
108other than physical presence is not immune from service of process in the commonwealth. A 7 of 32
109party present in the commonwealth who is subject to the jurisdiction of another state shall not be
110immune from service of process allowable under the laws of that state.
111 (c) The immunity granted by subsection (a) shall not extend to civil litigation based on
112acts unrelated to the participation in a proceeding under this chapter committed by an individual
113while present in the commonwealth.
114 Section 1-110. COMMUNICATION BETWEEN COURTS
115 (a) A court of the commonwealth may communicate with a court in another state
116concerning a proceeding arising under this chapter.
117 (b) The court may allow the parties to participate in the communication. If the parties are
118not able to participate in the communication, they shall be given the opportunity to present facts
119and legal arguments before a decision on jurisdiction is made.
120 (c) Communication between courts on schedules, calendars, court records and similar
121matters may occur without informing the parties. A record need not be made of that
122communication.
123 (d) Except as otherwise provided in subsection (c), a record shall be made of the
124communication under this section. The parties shall be informed promptly of the communication
125and granted access to the record.
126 (e) For the purposes of this section, “record” shall mean information that is inscribed on a
127tangible medium or that is stored in an electronic or other medium and is retrievable in
128perceivable form.
129 Section 1-111. TAKING TESTIMONY IN ANOTHER STATE 8 of 32
130 (a) In addition to other procedures available to a party, a party to a child-custody
131proceeding may participate by telephonic, audiovisual or other electronic means and may offer
132testimony of witnesses who are located in another state, including testimony of the parties and
133the child, by deposition or other means allowable in the commonwealth for testimony taken in
134another state. In making a request for telephonic, audiovisual or electronic participation, the
135party shall provide a reason for the request, which may include, but shall not be limited to,
136whether domestic violence or financial hardship prohibits that party from attending a hearing in
137the commonwealth. The court, on its own motion, may order that the testimony of a person to be
138taken in another state and may prescribe the manner in which and the terms upon which the
139testimony is taken.
140 (b) A court of the commonwealth may permit an individual residing in another state to be
141deposed or to testify by telephonic, audiovisual or other electronic means before a designated
142court or at another location in that state. A court of the commonwealth shall cooperate with
143courts of other states in designating an appropriate location for the deposition or testimony.
144 (c) Documentary evidence transmitted from another state to a court of the commonwealth
145by technological means that do not produce an original writing shall not be excluded from
146evidence on an objection based on the means of transmission.
147 Section 1-112. COOPERATION BETWEEN COURTS; PRESERVATION OF
148RECORDS
149 (a) A court of the commonwealth may request the appropriate court of another state to:
150 (1) hold an evidentiary hearing; 9 of 32
151 (2) order a person to produce or give evidence pursuant to procedures of that state;
152 (3) order that an evaluation be made with respect to the custody of a child involved in a
153pending proceeding;
154 (4) forward to the court of the commonwealth a certified copy of the transcript of the
155record of the hearing, the evidence otherwise presented and any evaluation prepared in
156compliance with the request; and
157 (5) order a party to a child-custody proceeding or a person having physical custody of the
158child to appear in the proceeding, with or without the child.
159 (b) Upon request of a court of another state, a court of the commonwealth may hold a
160hearing or enter an order described in subsection (a).
161 (c) Travel and other necessary and reasonable expenses incurred under subsections (a)
162and (b) may be assessed against the parties according to the law of the commonwealth.
163 (d) A court of the commonwealth shall preserve the pleadings, orders, decrees, records of
164hearings, evaluations and other pertinent records with respect to a child-custody proceeding until
165the child attains 18 years of age. Upon appropriate request by a court or law enforcement official
166of another state, the court shall forward a certified copy of those records.
167 ARTICLE 2. JURISDICTION
168 Section 2-201. INITIAL CHILD-CUSTODY JURISDICTION
169 (a) Except as otherwise provided in section 2-204, a court of the commonwealth shall
170have jurisdiction to make an initial child-custody determination only if: 10 of 32
171 (1) the commonwealth (i) is the home state of the child on the date of the commencement
172of the proceeding or (ii) was the home state of the child within 6 months before the
173commencement of the proceeding and the child is absent from the commonwealth but a parent or
174person acting as a parent continues to live in the commonwealth;
175 (2) a court of another state does not have jurisdiction under paragraph (1) or a court of the
176home state of the child has declined to exercise jurisdiction on the ground that the
177commonwealth is the more appropriate forum under section 2-207 or 2-208 and:
178 (i) the child and the child's parents, or the child and at least 1 parent or a person acting as
179a parent, have a significant connection with the commonwealth other than mere physical
180presence; and
181 (ii) substantial evidence is available in the commonwealth concerning the child's care,
182protection, training and personal relationships;
183 (3) all courts having jurisdiction under paragraphs (1) or (2) have declined to exercise
184jurisdiction on the ground that a court of the commonwealth is the more appropriate forum to
185determine the custody of the child under section 2-207 or 2-208; or
186 (4) no court of any other state would have jurisdiction under the criteria specified in
187paragraph (1), (2) or (3).
188 (b) Subsection (a) shall be the exclusive jurisdictional basis for making a child-custody
189determination by a court of the commonwealth.
190 (c) Physical presence of, or personal jurisdiction over a party or a child shall not be
191necessary or sufficient to make a child-custody determination. 11 of 32
192 Section 2-202. EXCLUSIVE, CONTINUING JURISDICTION
193 (a) Except as otherwise provided in section 2-204, a court of the commonwealth that has
194made a child-custody determination consistent with section 2-201 or 2-203 shall have exclusive,
195continuing jurisdiction over the determination until:
196 (1) a court of the commonwealth determines that neither the child nor a parent or any a
197person acting as a parent have a significant connection with the commonwealth and that
198substantial evidence is no longer available in the commonwealth concerning the child's care,
199protection, training and personal relationships; or
200 (2) a court of the commonwealth or a court of another state determines that neither the
201child nor a parent or any person acting as a parent presently resides in the commonwealth.
202 (b) a court of the commonwealth that has made a child-custody determination and does
203not have exclusive, continuing jurisdiction under this section may modify that determination
204only if it has jurisdiction to make an initial determination under section 2-201.
205 Section 2-203. JURISDICTION TO MODIFY DETERMINATION
206 Except as otherwise provided in section 2-204, a court of the commonwealth shall not
207modify a child-custody determination made by a court of another state unless a court of the
208commonwealth has jurisdiction to make an initial determination under paragraph (1) or (2) of
209subsection (a) of section 2-201 and:
210 (1) the court of the other state determines it no longer has exclusive, continuing
211jurisdiction under section 2-202 or that a court of the commonwealth would be a more
212convenient forum under section 2-207; or 12 of 32
213 (2) a court of the commonwealth or a court of the other state determines that the child, the
214child’s parents and any person acting as a parent do not presently reside in the other state.
215 Section 2-204. TEMPORARY EMERGENCY JURISDICTION
216 (a) A court of the commonwealth shall have temporary emergency jurisdiction if the
217child is present in the commonwealth and the child has been abandoned or it is necessary in an
218emergency to protect the child because the child, or a sibling or parent of the child, is subjected
219to or threatened with mistreatment or abuse as defined in section 1 of chapter 209A.
220 (b) If there is no previous child-custody determination that is entitled to be enforced
221under this chapter and a child-custody proceeding has not been commenced in a court of a state
222having jurisdiction under sections 2-201 to 2-203, inclusive, a child-custody determination made
223under this section shall remain in effect until an order is obtained from a court of a state having
224jurisdiction under said sections 2-201 to 2-203, inclusive. If a child-custody proceeding has not
225been or is not commenced in a court of a state having jurisdiction under said sections 2-201 to 2-
226203, inclusive, a child-custody determination made under this section shall become a final
227determination if it so provides and the commonwealth becomes the home state of the child.
228 (c) If there is a previous child-custody determination that is entitled to be enforced under
229this chapter or a child-custody proceeding has been commenced in a court of a state having
230jurisdiction under sections 2-201 to 2-203, inclusive, any order issued by a court of the
231commonwealth under this section shall specify in the order a period that the court considers
232adequate to allow the person seeking an order to obtain an order from the state having
233jurisdiction under said sections 2-201 to 2-203, inclusive. The order issued in the commonwealth 13 of 32
234shall remain in effect until an order is obtained from the other state within the period specified or
235said period expires.
236 (d) A court of the commonwealth that has been asked to make a child-custody
237determination under this section, upon being informed that a child-custody proceeding has been
238commenced in, or a child-custody determination has been made by, a court of a state having
239jurisdiction under sections 2-201 to 2-203, inclusive, shall immediately communicate with the
240other court. A court of the commonwealth that is exercising jurisdiction pursuant to said sections
2412-201 to 2-203, inclusive, upon being informed that a child-custody proceeding has been
242commenced in, or a child-custody determination has been made by, a court of another state under
243a statute similar to this section, shall immediately communicate with the court of that state to
244resolve the emergency, protect the safety of the parties and the child and determine a period for
245the duration of the temporary order.
246 Section 2-205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER
247 (a) Before a child-custody determination is made under this chapter, notice and an
248opportunity to be heard in accordance with the standards of section 1-108 shall be given to all
249persons entitled to notice under the law of the commonwealth as in child-custody proceedings
250between residents of the commonwealth, any parent whose parental rights have not been
251previously terminated and any person having physical custody of the child.
252 (b) This chapter shall not govern the enforceability of a child-custody determination
253made without notice and an opportunity to be heard. 14 of 32
254 (c) The obligation to join a party and the right to intervene as a party in a child-custody
255proceeding under this chapter are governed by the law of the commonwealth as in child-custody
256proceedings between residents of the commonwealth.
257 Section 2-206. SIMULTANEOUS PROCEEDINGS
258 (a) Except as otherwise provided in section 2-204, a court of the commonwealth shall not
259exercise its jurisdiction under article 2 if, at the time of the commencement of the proceeding, a
260proceeding concerning the custody of the child has been commenced in a court of another state
261having jurisdiction substantially in conformity with this chapter, unless the proceeding has been
262terminated or is stayed by the court of the other state because a court of the commonwealth is a
263more convenient forum under section 2-207.
264 (b) Except as otherwise provided in section 2-204, a court of the commonwealth, before
265hearing a child-custody proceeding, shall examine the court documents and other information
266supplied by the parties pursuant to section 2-209. If the court determines that a child-custody
267proceeding has been commenced in a court in another state having jurisdiction substantially in
268conformity with this chapter, the court of the commonwealth shall stay its proceeding and
269communicate with the court of the other state. If the court of the state having jurisdiction
270substantially in conformity with this chapter does not determine that the court of the
271commonwealth is a more appropriate forum, the court of the commonwealth shall dismiss the
272proceeding.
273 (c) In a proceeding to modify a child-custody determination, a court of the
274commonwealth shall determine whether a proceeding to enforce the determination has been 15 of 32
275commenced in another state. If a proceeding to enforce a child-custody determination has been
276commenced in another state, the court may:
277 (1) stay the proceeding for modification pending the entry of an order of a court of the
278other state enforcing, staying, denying or dismissing the proceeding for enforcement;
279 (2) enjoin the parties from continuing with the proceeding for enforcement; or
280 (3) proceed with the modification under conditions it considers appropriate.
281 SECTION 2-207. INCONVENIENT FORUM
282 (a) A court of the commonwealth that has jurisdiction under this chapter to make a child-
283custody determination may decline to exercise its jurisdiction at any time if the court determines
284that it is an inconvenient forum under the circumstances and that a court of another state is a
285more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
286the court's own motion or request of another court.
287 (b) Before determining whether it is an inconvenient forum, a court of the commonwealth
288shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For
289this purpose, the court shall allow the parties to submit information and shall consider all
290relevant factors including:
291 (1) whether domestic violence has occurred and is likely to continue in the future and
292which state could best protect the parties and the child;
293 (2) the length of time the child has resided outside the commonwealth; 16 of 32
294 (3) the distance between the court in the commonwealth and the court in the state that
295would assume jurisdiction;
296 (4) the relative financial circumstances of the parties;
297 (5) an agreement of the parties as to which state should assume jurisdiction;
298 (6) the nature and location of the evidence required to resolve the pending litigation,
299including testimony of the child;
300 (7) the ability of the court of each state to decide the issue expeditiously and the
301procedures necessary to present the evidence; and
302 (8) the familiarity of the court of each state with the facts and issues of the pending
303litigation.
304 (c) If a court of the commonwealth determines that it is an inconvenient forum and that a
305court of another state is a more appropriate forum, the court shall stay the proceedings upon
306condition that a child-custody proceeding be promptly commenced in another designated state
307and may impose any other condition the court considers just and proper.
308 (d) A court of the commonwealth may decline to exercise its jurisdiction under this
309chapter if a child-custody determination is incidental to an action for divorce or another
310proceeding while still retaining jurisdiction over the divorce or other proceeding.
311 Section 2-208. JURISDICTION DECLINED BY REASON OF CONDUCT
312 (a) Except as otherwise provided in section 2-204 or by another law of the
313commonwealth, if a court of the commonwealth has jurisdiction under this chapter because a 17 of 32
314person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall
315decline to exercise its jurisdiction unless:
316 (1) the parents and all persons acting as parents have acquiesced to the exercise of
317jurisdiction;
318 (2) a court of the state otherwise having jurisdiction under sections 2-201 to 2-203,
319inclusive, determines that the commonwealth is a more appropriate forum under section 2-207;
320or
321 (3) no court of another state would have jurisdiction under the criteria specified in
322sections 2-201 to 2-203, inclusive.
323 (b) If a court of the commonwealth declines to exercise its jurisdiction pursuant to
324subsection (a), the court may fashion an appropriate remedy to ensure the safety of the child and
325prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-
326custody proceeding is commenced in a court having jurisdiction under sections 2-201 to 2-203,
327inclusive.
328 (c) If a court dismisses a complaint or a petition or stays a proceeding because it declines
329to exercise its jurisdiction under subsection (a), the court shall assess against the party seeking to
330invoke its jurisdiction necessary and reasonable expenses including costs, communication
331expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child
332care during the course of the proceedings, unless the party from whom fees are sought
333establishes that the assessment would be clearly inappropriate. The court shall not assess fees,
334costs or expenses against the commonwealth unless authorized by law other than this chapter. 18 of 32
335 Section 2-209. INFORMATION TO BE SUBMITTED TO COURT
336 (a) Subject to local law providing for the confidentiality of procedures, addresses and
337other identifying information, in a child-custody proceeding, each party, in its first pleading or in
338an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the
339child's present address or whereabouts, the places where the child has lived during the last 5
340years and the names and present addresses of the persons with whom the child has lived during
341that period. The pleading or affidavit shall state whether the party:
342 (1) has participated, as a party or witness or in any other capacity, in any other
343proceeding concerning the custody of, the parenting time of or visitation with the child and, if so,
344identify the court, case number and date of the child-custody determination, if any;
345 (2) knows of any proceeding that could affect the current proceeding, including
346proceedings for enforcement and proceedings relating to domestic violence, protective orders,
347termination of parental rights and adoptions and, if so, identify the court, case number and nature
348of the proceeding; and
349 (3) knows the names and addresses of any person not a party to the proceeding who has
350physical custody of the child or claims rights of legal custody or physical custody of, parenting
351time of or visitation with the child and, if so, the names and addresses of those persons.
352 (b) If the information required by subsection (a) is not furnished, the court, upon motion
353of a party or its own motion, may stay the proceeding until the information is furnished.
354 (c) If the declaration as to any of the items described in paragraphs (1) to (3), inclusive,
355of subsection (a) is in the affirmative, the declarant shall give additional information under oath 19 of 32
356as required by the court. The court may examine the parties under oath as to details of the
357information furnished and other matters pertinent to the court's jurisdiction and the disposition of
358the case.
359 (d) Each party shall have a continuing duty to inform the court of any proceeding in the
360commonwealth or any other state that could affect the current proceeding.
361 (e) If a party alleges in an affidavit or a pleading under oath that the health, safety or
362liberty of a party or child would be jeopardized by disclosure of identifying information, the
363information shall be sealed and shall not be disclosed to the other party or the public unless the
364court orders the disclosure to be made after a hearing in which the court takes into consideration
365the health, safety or liberty of the party or child and determines that the disclosure is in the
366interest of justice.
367 Section 2-210. APPEARANCE OF PARTIES AND CHILD
368 (a) In a child-custody proceeding in the commonwealth, the court may order a party to
369the proceeding who is in the commonwealth to appear before the court in person with or without
370the child; provided however, that the court may order any person who is in the commonwealth
371and who has physical custody or control of the child to appear in person with the child.
372 (b) If a party to a child-custody proceeding whose presence is desired by the court is
373outside the commonwealth, the court may order that a notice given pursuant to section 1-108
374include a statement directing the party to appear in person with or without the child and
375informing the party that failure to appear may result in a decision adverse to that party. 20 of 32
376 (c) The court may enter any orders necessary to ensure the safety of the child and of any
377person ordered to appear under this section.
378 (d) If a party to a child-custody proceeding who is outside the commonwealth is directed
379to appear under subsection (b) or desires to appear personally before the court with or without
380the child, the court may require another party to pay reasonable and necessary travel and other
381expenses of the party so appearing and of the child.
382 ARTICLE 3. ENFORCEMENT
383 Section 3-301. DEFINITIONS
384 As used in article 3, the following words shall have the following meanings unless the
385context clearly requires otherwise:
386 “Plaintiff” or “Petitioner”, a person who seeks enforcement of (i) an order for return of a
387child under the Hague Convention on the Civil Aspects of International Child Abduction or (ii) a
388child-custody determination.
389 “Defendant” or “Respondent”, a person against whom a proceeding has been commenced
390for enforcement of (i) an order for return of a child under the Hague Convention on the Civil
391Aspects of International Child Abduction or (ii) a child-custody determination.
392 Section 3-302. ENFORCEMENT UNDER HAGUE CONVENTION.
393 A court of the commonwealth may enforce an order for the return of the child made
394under the Hague Convention on the Civil Aspects of International Child Abduction as if the
395order were a child-custody determination. 21 of 32
396 Section 3-303. DUTY TO ENFORCE
397 (a) A court of the commonwealth shall recognize and enforce a child-custody
398determination of a court of another state if the latter court exercised jurisdiction in substantial
399conformity with this chapter or the determination was made under factual circumstances meeting
400the jurisdictional standards of this chapter and the determination has not been modified in
401accordance with this chapter.
402 (b) A court of the commonwealth may utilize any remedy available under the law of the
403commonwealth to enforce a child-custody determination made by a court of another state. The
404remedies provided in article 3 are cumulative and shall not affect the availability of other
405remedies to enforce a child-custody determination.
406 Section 3-304. TEMPORARY VISITATION
407 (a) A court of the commonwealth that does not have jurisdiction to modify a child-
408custody determination may issue a temporary order enforcing:
409 (1) a parenting plan or visitation schedule made by a court of another state; or
410 (2) the parenting plan or visitation provisions of a child-custody determination of another
411state that does not provide for a specific visitation schedule.
412 (b) If a court of the commonwealth makes an order under paragraph (2) of subsection (a),
413the court shall specify in the order a period that it considers adequate to allow the petitioner to
414obtain an order from a court having jurisdiction under the criteria specified in article 2. The order
415remains in effect until an order is obtained from the other state or the period expires.
416 Section 3-305. REGISTRATION OF CHILD-CUSTODY DETERMINATION 22 of 32
417 (a) A child-custody determination issued by a court of another state may be registered in
418the commonwealth, with or without a simultaneous request for enforcement, by sending the
419following to the appropriate court in the commonwealth:
420 (1) a letter or other document requesting registration;
421 (2) 2 copies, including 1 certified copy, of the determination sought to be registered and a
422statement under penalty of perjury that to the best of the knowledge and belief of the person
423seeking registration the order has not been modified; and
424 (3) except as otherwise provided in section 2-209, the name and address of the person
425seeking registration and any parent or person acting as a parent who has been awarded custody,
426parenting time or visitation in the child-custody determination sought to be registered.
427 (b) (1) On receipt of the documents required by subsection (a), the registering court shall
428cause the determination to be filed as a foreign judgment, together with 1 copy of any
429accompanying documents and information, regardless of their form.
430 (2) The person seeking registration shall serve notice upon the persons named pursuant to
431paragraph (3) of subsection (a) and provide them with an opportunity to contest the registration
432in accordance with this section.
433 (c) The notice required by paragraph (2) of subsection (b) shall state that:
434 (1) a registered determination is enforceable as of the date of the registration in the same
435manner as a determination issued by a court of the commonwealth;
436 (2) a hearing to contest the validity of the registered determination shall be requested
437within 20 days after service of notice; and 23 of 32
438 (3) failure to contest the registration shall result in confirmation of the child-custody
439determination and preclude further contest of that determination with respect to any matter that
440could have been asserted.
441 (d) A person seeking to contest the validity of a registered order shall request a hearing
442within 20 days after service of the notice. At that hearing, the court shall confirm the registered
443order unless the person contesting registration establishes that:
444 (1) the issuing court did not have jurisdiction under article 2;
445 (2) the child-custody determination sought to be registered has been vacated, stayed or
446modified by a court of a state having jurisdiction to do so under article 2; or
447 (3) the person contesting registration was entitled to notice, but notice was not given in
448accordance with the standards of section 1-108, in the proceedings before the court that issued
449the order for which registration is sought.
450 (e) If a timely request for a hearing to contest the validity of the registration is not made,
451the registration is confirmed as a matter of law and the person requesting registration and all
452persons served shall be notified of the confirmation.
453 (f) Confirmation of a registered order, whether by operation of law or after notice and
454hearing, precludes further contest of the order with respect to any matter that could have been
455asserted at the time of registration.
456 Section 3-306. ENFORCEMENT OF REGISTERED DETERMINATION 24 of 32
457 (a) A court of the commonwealth may grant any relief normally available under the law
458of the commonwealth to enforce a registered child-custody determination made by a court of
459another state.
460 (b) A court of the commonwealth shall recognize and enforce, but shall not modify,
461except in accordance with article 2, a registered child-custody determination of a court of another
462state.
463 Section 3-307. SIMULTANEOUS PROCEEDINGS
464 If a proceeding for enforcement under this article is commenced in a court of the
465commonwealth and the court determines that a proceeding to modify the determination is
466pending in a court of another state having jurisdiction to modify the determination under article
4672, the enforcing court shall immediately communicate with the modifying court. The proceeding
468for enforcement continues unless the enforcing court, after consultation with the modifying
469court, stays or dismisses the proceeding.
470 Section 3-308. EXPEDITED ENFORCEMENT OF CHILD-CUSTODY
471DETERMINATION
472 (a) A complaint or petition under this article shall be verified. Certified copies of all
473orders sought to be enforced and of any order confirming registration shall be attached to the
474petition. A copy of a certified copy of an order may be attached instead of the original.
475 (b) A complaint or petition for enforcement of a child-custody determination shall state:
476 (1) whether the court that issued the determination identified the jurisdictional basis it
477relied upon in exercising jurisdiction and, if so, what the basis was; 25 of 32
478 (2) whether the determination for which enforcement is sought has been vacated, stayed
479or modified by a court whose decision shall be enforced under this chapter and, if so, identify the
480court, case number and nature of the proceeding;
481 (3) whether any proceeding has been commenced that could affect the current
482proceeding, including proceedings relating to domestic violence, protective orders, termination
483of parental rights and adoptions and, if so, identify the court, case number and nature of the
484proceeding;
485 (4) the present physical address of the child and the defendant or respondent, if known;
486 (5) whether relief in addition to the immediate physical custody of the child and
487attorney's fees is sought, including a request for assistance from law enforcement officials and, if
488so, the relief sought; and
489 (6) if the child-custody determination has been registered and confirmed under section 3-
490305, the date and place of registration.
491 (c) Upon the filing of a complaint or petition, the court shall issue an order directing the
492defendant or respondent to appear with or without the child at a hearing and may enter any
493orders necessary to ensure the safety of the parties and the child. The hearing shall be held on the
494next judicial day after service of the order unless that date is impossible. In that event, the court
495shall hold the hearing on the first judicial day possible. The court may extend the date of the
496hearing at the request of the plaintiff or petitioner.
497 (d) An order issued under subsection (c) shall state the time and place of the hearing and
498shall advise the defendant or respondent that at the hearing the court will order that the plaintiff 26 of 32
499or petitioner may take immediate physical custody of the child and the payment of fees, costs
500and expenses under section 3-312 and may schedule a hearing to determine whether further relief
501is appropriate, unless the defendant or respondent appears and establishes that:
502 (1) the child-custody determination has not been registered and confirmed under section
5033-305 and that:
504 (i) the issuing court did not have jurisdiction under article 2;
505 (ii) the child-custody determination for which enforcement is sought has been vacated,
506stayed or modified by a court having jurisdiction to do so under article 2; or
507 (iii) the defendant or respondent was entitled to notice, but notice was not given in
508accordance with the standards of section 1-108, in the proceedings before the court that issued
509the order for which enforcement is sought; or
510 (2) the child-custody determination for which enforcement is sought was registered and
511confirmed under section 3-305, but has been vacated, stayed or modified by a court of a state
512having jurisdiction to do so under article 2.
513 Section 3-309. SERVICE OF COMPLAINT OR PETITION AND ORDER
514 Except as otherwise provided in section 3-311, the complaint or petition and order shall
515be served, by any method authorized by the law of the commonwealth, upon the respondent and
516any person who has physical custody of the child.
517 Section 3-310. HEARING AND ORDER 27 of 32
518 (a) Unless the court enters a temporary emergency order pursuant to section 2-204, upon
519a finding that a plaintiff or petitioner is entitled to immediate physical custody of the child, the
520court shall order that the plaintiff or petitioner may take immediate physical custody of the child
521unless the defendant or respondent establishes that:
522 (1) the child-custody determination has not been registered and confirmed under section
5233-305 and that:
524 (i) the issuing court did not have jurisdiction under article 2;
525 (ii) the child-custody determination for which enforcement is sought has been vacated,
526stayed or modified by a court of a state having jurisdiction to do so under article 2; or
527 (iii) the defendant or respondent was entitled to notice, but notice was not given in
528accordance with the standards of section 1-108, in the proceedings before the court that issued
529the order for which enforcement is sought; or
530 (2) the child-custody determination for which enforcement is sought was registered and
531confirmed under section 3-305 but has been vacated, stayed or modified by a court of a state
532having jurisdiction to do so under article 2 or federal law.
533 (b) The court shall award the fees, costs and expenses authorized under section 3-312 and
534may grant additional relief, including a request for the assistance of law enforcement officials,
535and set a further hearing to determine whether additional relief is appropriate.
536 (c) If a party called to testify refuses to answer on the ground that the testimony may be
537self-incriminating, the court may draw an adverse inference from the refusal. 28 of 32
538 (d) A privilege against disclosure of communications between spouses and a defense of
539immunity based on the spousal relationship or parent and child relationship does not apply in a
540proceeding under article 3.
541 Section 3-311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD
542 (a) Upon the filing of a complaint or petition seeking enforcement of a child-custody
543determination, the plaintiff or petitioner may file a verified application for the issuance of a
544warrant to take physical custody of the child if the child is immediately likely to suffer serious
545physical harm or be removed from the commonwealth.
546 (b) If the court, upon the testimony of the plaintiff or petitioner or other witness, finds
547that the child is imminently likely to suffer serious physical harm or be removed from the
548commonwealth, it may issue a warrant to take physical custody of the child. The complaint or
549petition shall be heard on the next judicial day after the warrant is executed unless it is
550impossible on that date. In that event, the court shall hold the hearing on the first judicial day
551possible. The application for the warrant shall include the statements required by subsection (b)
552of section 3-308.
553 (c) A warrant to take physical custody of a child shall:
554 (1) recite the facts upon which a conclusion of imminent serious physical harm or
555removal from the commonwealth is based;
556 (2) direct law enforcement officers to take physical custody of the child immediately; and
557 (3) provide for the placement of the child pending final relief. 29 of 32
558 (d) The defendant or respondent shall be served with the complaint or petition, warrant
559and order immediately after the child is taken into physical custody.
560 (e) A warrant to take physical custody of a child is enforceable throughout the
561commonwealth. If the court finds on the basis of the testimony of the plaintiff or petitioner or
562other witness that a less intrusive remedy is not effective, the court may authorize law
563enforcement officers to enter private property to take physical custody of the child. If required by
564the exigency circumstances of the case, the court may authorize law enforcement officers to
565make a forcible entry at any hour.
566 (f) The court may impose conditions upon placement of a child to ensure the appearance
567of the child and the child's custodian.
568 Section 3-312. COSTS, FEES AND EXPENSES
569 (a) The court shall award the prevailing party, including a state, necessary and reasonable
570expenses incurred by or on behalf of the party, including costs, communication expenses,
571attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during
572the course of the proceedings, unless the party from whom fees or expenses are sought
573establishes that the award would be clearly inappropriate.
574 (b) The court shall not assess fees, costs or expenses against a state unless authorized by
575law other than this chapter.
576 Section 3-313. RECOGNITION AND ENFORCEMENT
577 A court of the commonwealth shall accord full faith and credit to an order issued by
578another state and consistent with this chapter that enforces a child-custody determination by a 30 of 32
579court of another state unless the order has been vacated, stayed or modified by a court having
580jurisdiction to do so under article 2.
581 Section 3-314. APPEALS
582 An appeal may be taken from a final order in a proceeding under this article in
583accordance with expedited appellate procedures in other civil cases. Unless the court enters a
584temporary emergency order under section 2-204, the enforcing court shall not stay an order
585enforcing a child-custody determination pending appeal.
586 Section 3-315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL
587 (a) In a case arising under this chapter or involving the Hague Convention on the Civil
588Aspects of International Child Abduction, the prosecutor or other appropriate public official may
589take any lawful action, including resort to a proceeding under this article or any other available
590civil proceeding to locate a child, obtain the return of a child or enforce a child-custody
591determination if there is:
592 (1) an existing child-custody determination;
593 (2) a request to do so from a court in a pending child-custody proceeding;
594 (3) a reasonable belief that a criminal statute has been violated; or
595 (4) a reasonable belief that the child has been wrongfully removed or retained in violation
596of the Hague Convention on the Civil Aspects of International Child Abduction.
597 (b) A prosecutor or appropriate public official acting under this section shall represent the
598commonwealth and shall not represent any other party to the proceeding. 31 of 32
599 Section 3-316. ROLE OF LAW ENFORCEMENT
600 At the request of a prosecutor or other appropriate public official acting under section 3-
601315, a law enforcement officer may take any lawful action reasonably necessary to locate a child
602or a party and assist a prosecutor or appropriate public official with responsibilities under said
603section 3-315.
604 Section 3-317. COSTS AND EXPENSES
605 If the defendant or respondent is not the prevailing party, the court may assess against the
606defendant or respondent all direct expenses and costs incurred by the prosecutor or other
607appropriate public official and law enforcement officers under section 3-315 or 3-316.
608 ARTICLE 4. MISCELLANEOUS PROVISIONS
609 Section 4-401. APPLICATION AND CONSTRUCTION
610 In applying and construing this uniform act, consideration shall be given to the need to
611promote uniformity of the law with respect to its subject matter among states that enact it.
612 Section 4-402. SEVERABILITY CLAUSE
613 If any provision of this chapter or its application to any person or circumstance is held
614invalid, the invalidity shall not affect other provisions or applications of this chapter that can be
615given effect without the invalid provision or application, and to this end the provisions of this
616chapter are severable. 32 of 32
617 SECTION 2. A motion or other request for relief made in a child-custody proceeding or
618to enforce a child-custody determination that was commenced before the effective date of this
619chapter shall be governed by the law in effect at the time the motion or other request was made.
620 SECTION 3. This act shall take effect on December 31, 2025.