CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Judicial Oversight offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (7) of section 39.502, Florida

18  Statues, is amended to read:

19         (7)  Service of the summons and service of pleadings,

20  papers, and notices subsequent to the summons on persons

21  outside this state must be made pursuant to section 9 of the

22  Uniform Child Custody Jurisdiction and Enforcement Act s.

23  61.1312.

24         Section 2.  Paragraph (b) of subsection (2) of section

25  61.13, Florida Statutes, is amended to read and paragraph (e)

26  is created to read:

27         61.13  Custody and support of children; visitation

28  rights; power of court in making orders.--

29         (2)

30         (b)1.  The court shall determine all matters relating

31  to custody of each minor child of the parties in accordance

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  with the best interests of the child and in accordance with

  2  the Uniform Child Custody Jurisdiction and Enforcement Act. It

  3  is the public policy of this state to assure that each minor

  4  child has frequent and continuing contact with both parents

  5  after the parents separate or the marriage of the parties is

  6  dissolved and to encourage parents to share the rights and

  7  responsibilities, and joys, of childrearing. After considering

  8  all relevant facts, the father of the child shall be given the

  9  same consideration as the mother in determining the primary

10  residence of a child irrespective of the age or sex of the

11  child.

12         2(e)  When either parent materially violates a

13  visitation or custody order without proper cause or consent of

14  the other parent, in addition to any other remedies and

15  sanctions provided at law, the court may order the violating

16  party to post a bond or other security sufficient to provide

17  for damages to the other party for any future violation.

18  Violation of a visitation order shall include failure of

19  either parent to provide care for a child during a time

20  designated in a court order for him or her to be responsible

21  for the child.  Upon a future material violation, the proceeds

22  of any bond or other security posted pursuant to this

23  subsection may be used to reimburse the nonviolating party for

24  actual costs or damages, including without limitation the

25  costs to locate and return the child, reasonable attorney's

26  fees and costs, and lost wages or child care expenses.  Any

27  deficiency of bond or security assets shall not absolve the

28  violating party of responsibility to pay the full amount of

29  damages determined by the court.

30         Section 3.  (1)  In a proceeding in which the court

31  enters an order of child custody or visitation, including in a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  modification proceeding, upon the presentation of competent

  2  substantial evidence that there is a risk that one party may

  3  violate the court's order of visitation or custody by removing

  4  a child from this state or country or by concealing the

  5  whereabouts of a child, or upon stipulation of the parties,

  6  the court may:

  7         (a)  order that a parent may not remove the child from

  8  this state without the notarized written permission of both

  9  parents or further court order;

10         (b)  order that a parent may not remove the child from

11  this country without the notarized written permission of both

12  parents or further court order;

13         (c)  order that a parent may not take the child to a

14  country that has not ratified or acceded to the Hague

15  Convention on the Civil Aspects of International Child

16  Abduction unless the other parent agrees in writing that the

17  child may be taken to the county; or

18         (d)  require that party to post bond or other security.

19         (2)  If the court enters an order of child custody or

20  visitation, including in a modification proceeding, that

21  includes a provision entered under (b) or (c) a certified copy

22  of the order should be sent by the parent who requested the

23  restriction to the Passport Services Office of the U.S.

24  Department of State requesting that they not issue a passport

25  to the child without their signature or further court order.

26         (3)  In assessing the need for a bond, the court may

27  consider any reasonable factor bearing upon the risk that a

28  party may violate a visitation or custody order by removing a

29  child from this state or country or by concealing the

30  whereabouts of a child, including but not limited to whether:

31         (a)  A court has previously found that a party

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  previously removed a child from Florida or another state in

  2  violation of a custody or visitation order, or whether a court

  3  had found that a party has threatened to take a child out of

  4  Florida or another state;

  5         (b)  The party has strong family and community ties to

  6  Florida or to other states or countries, including whether the

  7  party is a citizen of another country;

  8         (c)  The party has strong financial reasons to remain

  9  in Florida or to relocate to another state or country;

10         (d)  The party has engaged in activities that suggest

11  plans to leave Florida, such as quitting employment; sale of a

12  residence or termination of a lease on a residence, without

13  efforts to acquire an alternative residence in the state;

14  closing bank accounts or otherwise liquidating assets; or

15  applying for a passport;

16         (e)  The party has a history of domestic violence,

17  child abuse, or child neglect; or

18         (f)  The party has a criminal record.

19         (4)  A party shall not be required to post a bond under

20  this section if the cost of obtaining the bond exceeds the

21  party's ability to pay.

22         (5)  Upon a material violation of any custody or

23  visitation order entered under this section, the court may

24  order the bond forfeited in whole or in part.  Upon an order

25  of forfeiture, the proceeds of any bond or other security

26  posted pursuant to this subsection may only be used to:

27         (a)  Reimburse the nonviolating party for actual costs

28  or damages incurred in upholding the court's order of custody

29  or visitation.

30         (b)  Locate and return the child to the residence as

31  set forth in the visitation or custody order.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (c)  Reimburse reasonable fees and costs as determined

  2  by the court.

  3         (d)  Any remaining proceeds shall be:

  4         1.  held as further security if deemed necessary by the

  5  court, and if further security is not found to be necessary;

  6         2.  applied to any child support arrears owed by the

  7  parent against whom the bond was required, and if no arrears

  8  exists;

  9         3.  all remaining proceeds will be returned to the

10  parent against whom the bond required.

11         Section 4.  Short title.--Sections 1 through 43 of this

12  act may be cited as the "Uniform Child Custody Jurisdiction

13  and Enforcement Act."

14         Section 5.  Purposes of act; construction of

15  provisions.--The general purposes of this act are to:

16         (1)  Avoid jurisdictional competition and conflict with

17  courts of other states in matters of child custody which have

18  in the past resulted in the shifting of children from state to

19  state with harmful effects on their well-being.

20         (2)  Promote cooperation with the courts of other

21  states to the end that a custody decree is rendered in the

22  state which can best decide the case in the interest of the

23  child.

24         (3)  Discourage the use of the interstate system for

25  continuing controversies over child custody.

26         (4)  Deter abductions.

27         (5)  Avoid relitigation of custody decisions of other

28  states in this state.

29         (6)  Facilitate the enforcement of custody decrees of

30  other states.

31         (7)  Promote and expand the exchange of information and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  other forms of mutual assistance between the courts of this

  2  state and those of other states concerned with the same child.

  3         (8)  Make uniform the law with respect to the subject

  4  of this act among states enacting it.

  5         Section 6.  Definitions.--As used in sections 1 through

  6  43 of this act, the term:

  7         (1)  "Abandoned" means left without provision for

  8  reasonable and necessary care or supervision.

  9         (2)  "Child" means an individual who has not attained

10  18 years of age.

11         (3)  "Child custody determination" means a judgment,

12  decree, or other order of a court providing for the legal

13  custody, physical custody, or visitation with respect to a

14  child. The term includes a permanent, temporary, initial, and

15  modification order. The term does not include an order

16  relating to child support or other monetary obligation of an

17  individual.

18         (4)  "Child custody proceeding" means a proceeding in

19  which legal custody, physical custody, or visitation with

20  respect to a child is an issue. The term includes a proceeding

21  for divorce, separation, neglect, abuse, dependency,

22  guardianship, paternity, termination of parental rights, and

23  protection from domestic violence, in which the issue may

24  appear. The term does not include a proceeding involving

25  juvenile delinquency, contractual emancipation, or enforcement

26  under sections 24 through 40.

27         (5)  "Commencement" means the filing of the first

28  pleading in a proceeding.

29         (6)  "Court" means an entity authorized under the law

30  of a state to establish, enforce, or modify a child custody

31  determination.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (7)  "Home state" means the state in which a child

  2  lived with a parent or a person acting as a parent for at

  3  least 6 consecutive months immediately before the commencement

  4  of a child custody proceeding. In the case of a child less

  5  than 6 months of age, the term means the state in which the

  6  child lived from birth with any of the persons mentioned. A

  7  period of temporary absence of any of the mentioned persons is

  8  part of the period.

  9         (8)  "Initial determination" means the first child

10  custody determination concerning a particular child.

11         (9)  "Issuing court" means the court that makes a child

12  custody determination for which enforcement is sought under

13  this act.

14         (10)  "Issuing state" means the state in which a child

15  custody determination is made.

16         (11)  "Modification" means a child custody

17  determination that changes, replaces, supersedes, or is

18  otherwise made after a previous determination concerning the

19  same child, whether or not it is made by the court that made

20  the previous determination.

21         (12)  "Person" means an individual, corporation,

22  business trust, estate, trust, partnership, limited liability

23  company, association, joint venture, or government;

24  governmental subdivision, agency, instrumentality, or public

25  corporation; or any other legal or commercial entity.

26         (13)  "Person acting as a parent" means a person, other

27  than a parent, who:

28         (a)  Has physical custody of the child or has had

29  physical custody for a period of 6 consecutive months,

30  including any temporary absence, within 1 year immediately

31  before the commencement of a child custody proceeding; and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (b)  Has been awarded legal custody by a court or

  2  claims a right to legal custody under the law of this state.

  3         (14)  "Physical custody" means the physical care and

  4  supervision of a child.

  5         (15)  "State" means a state of the United States, the

  6  District of Columbia, Puerto Rico, the United States Virgin

  7  Islands, or any territory or insular possession subject to the

  8  jurisdiction of the United States.

  9         (16)  "Tribe" means an Indian tribe, or band, or

10  Alaskan Native village which is recognized by federal law or

11  formally acknowledged by a state.

12         (17)  "Warrant" means an order issued by a court

13  authorizing law enforcement officers to take physical custody

14  of a child.

15         Section 7.  Proceedings governed by other law.--This

16  act does not govern an adoption proceeding or a proceeding

17  pertaining to the authorization of emergency medical care for

18  a child.

19         Section 8.  Application to Indian tribes.--

20         (1)  A child custody proceeding that pertains to an

21  Indian child as defined in the Indian Child Welfare Act, 25

22  U.S.C.. s. 1901 et seq., is not subject to this act to the

23  extent that it is governed by the Indian Child Welfare Act.

24         (2)  A court of this state shall treat a tribe as if it

25  were a state of the United States for purposes of applying

26  sections 1 through 23.

27         (3)  A child custody determination made by a tribe

28  under factual circumstances in substantial conformity with the

29  jurisdictional standards of this act must be recognized and

30  enforced under sections 24 through 40.

31         Section 9.  International application of act.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (1)  A court of this state shall treat a foreign

  2  country as if it were a state of the United States for

  3  purposes of applying sections 1 through 23.

  4         (2)  Except as otherwise provided in subsection (3), a

  5  child custody determination made in a foreign country under

  6  factual circumstances in substantial conformity with the

  7  jurisdictional standards of this act must be recognized and

  8  enforced under sections 24 through 40.

  9         (3)  A court of this state need not apply this act if

10  the child custody law of a foreign country violates

11  fundamental principles of human rights.

12         Section 10.  Effect of child custody determination.--A

13  child custody determination made by a court of this state that

14  had jurisdiction under this act binds all persons who have

15  been served in accordance with the laws of this state or

16  notified in accordance with section 9 or who have submitted to

17  the jurisdiction of the court, and who have been given an

18  opportunity to be heard. As to those persons, the

19  determination is conclusive as to all decided issues of law

20  and fact except to the extent the determination is modified.

21         Section 11.  Priority.--If a question of existence or

22  exercise of jurisdiction under this act is raised in a child

23  custody proceeding, the question, upon request of a party,

24  must be given priority on the calendar and handled

25  expeditiously.

26         Section 12.  Notice to persons outside the state.--

27         (1)  Notice required for the exercise of jurisdiction

28  when a person is outside this state may be given in a manner

29  prescribed by the laws of this state for the service of

30  process or by the laws of the state in which the service is

31  made. Notice must be given in a manner reasonably calculated

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  to give actual notice, but may be by publication if other

  2  means are not effective.

  3         (2)  Proof of service may be made in the manner

  4  prescribed by the law of this state or by the law of the state

  5  in which the service is made.

  6         (3)  Notice is not required for the exercise of

  7  jurisdiction with respect to a person who submits to the

  8  jurisdiction of the court.

  9         Section 13.  Appearance and limited immunity.--

10         (1)  A party to a child custody proceeding, including a

11  modification proceeding, or a petitioner or respondent in a

12  proceeding to enforce or register a child custody

13  determination, is not subject to personal jurisdiction in this

14  state for another proceeding or purpose solely by reason of

15  having participated, or of having been physically present for

16  the purpose of participating, in the proceeding.

17         (2)  A person who is subject to personal jurisdiction

18  in this state on a basis other than physical presence is not

19  immune from service of process in this state. A party present

20  in this state who is subject to the jurisdiction of another

21  state is not immune from service of process allowable under

22  the laws of that state.

23         (3)  The immunity granted by subsection (1) does not

24  extend to civil litigation based on acts unrelated to the

25  participation in a proceeding under this act committed by an

26  individual while present in this state.

27         Section 14.  Communication between courts.--

28         (1)  A court of this state may communicate with a court

29  in another state concerning a proceeding arising under this

30  act.

31         (2)  The court may allow the parties to participate in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  the communication. If the parties are not able to participate

  2  in the communication, they must be given the opportunity to

  3  present facts and legal arguments before a decision on

  4  jurisdiction is made.

  5         (3)  Communication between courts on schedules,

  6  calendars, court records, and similar matters may occur

  7  without informing the parties. A record need not be made of

  8  the communication.

  9         (4)  Except as otherwise provided in subsection (3), a

10  record must be made of a communication under this section. The

11  parties must be informed promptly of the communication and

12  granted access to the record.

13         (5)  For the purposes of this section, "record" means

14  information that is inscribed on a tangible medium or that is

15  stored in an electronic or other medium and is retrievable in

16  perceivable form.

17         Section 15.  Taking testimony in another state.--

18         (1)  In addition to other procedures available to a

19  party, a party to a child custody proceeding may offer

20  testimony of witnesses who are located in another state,

21  including testimony of the parties and the child, by

22  deposition or other means allowable in this state for

23  testimony taken in another state. The court on its own motion

24  may order that the testimony of a person be taken in another

25  state and may prescribe the manner in which and the terms upon

26  which the testimony is taken.

27         (2)  A court of this state may permit an individual

28  residing in another state to be deposed or to testify by

29  telephone, audiovisual means, or other electronic means before

30  a designated court or at another location in that state. A

31  court of this state shall cooperate with courts of other

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  states in designating an appropriate location for the

  2  deposition or testimony.

  3         (3)  Documentary evidence transmitted from another

  4  state to a court of this state by technological means that do

  5  not produce an original writing may not be excluded from

  6  evidence on an objection based on the means of transmission.

  7         Section 16.  Cooperation between courts; preservation

  8  of records.--

  9         (1)  A court of this state may request the appropriate

10  court of another state to:

11         (a)  Hold an evidentiary hearing;

12         (b)  Order a person to produce or give evidence

13  pursuant to procedures of that state;

14         (c)  Order that an evaluation be made with respect to

15  the custody of a child involved in a pending proceeding;

16         (d)  Forward to the court of this state a certified

17  copy of the transcript of the record of the hearing, the

18  evidence otherwise presented, and any evaluation prepared in

19  compliance with the request; and

20         (e)  Order a party to a child custody proceeding or any

21  person having physical custody of the child to appear in the

22  proceeding with or without the child.

23         (2)  Upon request of a court of another state, a court

24  of this state may hold a hearing or enter an order described

25  in subsection (1).

26         (3)  Travel and other necessary and reasonable expenses

27  incurred under subsections (1) and (2) may be assessed against

28  the parties according to the laws of this state.

29         (4)  A court of this state shall preserve the

30  pleadings, orders, decrees, records of hearings, evaluations,

31  and other pertinent records with respect to a child custody

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  proceeding until the child attains 18 years of age. Upon

  2  appropriate request by a court or law enforcement official of

  3  another state, the court shall forward a certified copy of

  4  these records.

  5         Section 17.  Initial child custody jurisdiction.--

  6         (1)  Except as otherwise provided in section 17, a

  7  court of this state has jurisdiction to make an initial child

  8  custody determination only if:

  9         (a)  This state is the home state of the child on the

10  date of the commencement of the proceeding, or was the home

11  state of the child within 6 months before the commencement of

12  the proceeding and the child is absent from this state but a

13  parent or person acting as a parent continues to live in this

14  state;

15         (b)  A court of another state does not have

16  jurisdiction under paragraph (a), or a court of the home state

17  of the child has declined to exercise jurisdiction on the

18  ground that this state is the more appropriate forum under

19  section 20 or section 21, and:

20         1.  The child and the child's parents, or the child and

21  at least one parent or a person acting as a parent, have a

22  significant connection with this state other than mere

23  physical presence; and

24         2.  Substantial evidence is available in this state

25  concerning the child's care, protection, training, and

26  personal relationships;

27         (c)  All courts having jurisdiction under paragraph (a)

28  or paragraph (b) have declined to exercise jurisdiction on the

29  ground that a court of this state is the more appropriate

30  forum to determine the custody of the child under section 20

31  or section 21; or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (d)  No court of any other state would have

  2  jurisdiction under the criteria specified in paragraph (a),

  3  paragraph (b), or paragraph (c).

  4         (2)  Subsection (1) is the exclusive jurisdictional

  5  basis for making a child custody determination by a court of

  6  this state.

  7         (3)  Physical presence of, or personal jurisdiction

  8  over, a party or a child is not necessary or sufficient to

  9  make a child custody determination.

10         Section 18.  Exclusive, continuing jurisdiction.--

11         (1)  Except as otherwise provided in section 17, a

12  court of this state which has made a child custody

13  determination consistent with section 14 or section 16 has

14  exclusive, continuing jurisdiction over the determination

15  until:

16         (a)  A court of this state determines that the child,

17  the child's parents, and any person acting as a parent do not

18  have a significant connection with this state and that

19  substantial evidence is no longer available in this state

20  concerning the child's care, protection, training, and

21  personal relationships; or

22         (b)  A court of this state or a court of another state

23  determines that the child, the child's parent, and any person

24  acting as a parent do not presently reside in this state.

25         (2)  A court of this state that has made a child

26  custody determination and does not have exclusive, continuing

27  jurisdiction under this section may modify that determination

28  only if it has jurisdiction to make an initial determination

29  under section 14.

30         Section 19.  Jurisdiction to modify

31  determination.--Except as otherwise provided in section 17, a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  court of this state may not modify a child custody

  2  determination made by a court of another state unless a court

  3  of this state has jurisdiction to make an initial

  4  determination under section 14(1)(a) or (b) and:

  5         (1)  The court of the other state determines it no

  6  longer has exclusive, continuing jurisdiction under section 15

  7  or that a court of this state would be a more convenient forum

  8  under section 20; or

  9         (2)  A court of this state or a court of the other

10  state determines that the child, the child's parents, and any

11  person acting as a parent do not presently reside in the other

12  state.

13         Section 20.  Temporary emergency jurisdiction.--

14         (1)  A court of this state has temporary emergency

15  jurisdiction if the child is present in this state and the

16  child has been abandoned or it is necessary in an emergency to

17  protect the child because the child, or a sibling or parent of

18  the child, is subjected to or threatened with mistreatment or

19  abuse.

20         (2)  If there is no previous child custody

21  determination that is entitled to be enforced under this act,

22  and a child custody proceeding has not been commenced in a

23  court of a state having jurisdiction under sections 14 through

24  16, a child custody determination made under this section

25  remains in effect until an order is obtained from a court of a

26  state having jurisdiction under sections 14 through 16. If a

27  child custody proceeding has not been or is not commenced in a

28  court of a state having jurisdiction under sections 14 through

29  16, a child custody determination made under this section

30  becomes a final determination, if it so provides and this

31  state becomes the home state of the child.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (3)  If there is a previous child custody determination

  2  that is entitled to be enforced under this act, or a child

  3  custody proceeding has been commenced in a court of a state

  4  having jurisdiction under sections 14 through 16, any order

  5  issued by a court of this state under this section must

  6  specify in the order a period which the court considers

  7  adequate to allow the person seeking an order to obtain an

  8  order from the state having jurisdiction under sections 14

  9  through 16. The order issued in this state remains in effect

10  until an order is obtained from the other state within the

11  period specified or the period expires.

12         (4)  A court of this state which has been asked to make

13  a child custody determination under this section, upon being

14  informed that a child custody proceeding has been commenced

15  in, or a child custody determination has been made by, a court

16  of a state having jurisdiction under sections 14 through 16,

17  shall immediately communicate with the other court. A court of

18  this state which is exercising jurisdiction pursuant to

19  sections 14 through 16, upon being informed that a child

20  custody proceeding has been commenced in, or a child custody

21  determination has been made by, a court of another state under

22  a statute similar to this section shall immediately

23  communicate with the court of that state to resolve the

24  emergency, protect the safety of the parties and the child,

25  and determine a period for the duration of the temporary

26  order.

27         Section 21.  Notice; opportunity to be heard;

28  joinder.--

29         (1)  Before a child custody determination is made under

30  this act, notice and an opportunity to be heard in accordance

31  with the standards of section 9 must be given to all persons

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  1  entitled to notice under the laws of this state as in child

  2  custody proceedings between residents of this state, any

  3  parent whose parental rights have not been previously

  4  terminated, and any person having physical custody of the

  5  child.

  6         (2)  This act does not govern the enforceability of a

  7  child custody determination made without notice or an

  8  opportunity to be heard.

  9         (3)  The obligation to join a party and the right to

10  intervene as a party in a child custody proceeding under this

11  act are governed by the laws of this state as in child custody

12  proceedings between residents of this state.

13         Section 22.  Simultaneous proceedings.--

14         (1)  Except as otherwise provided in section 17, a

15  court of this state may not exercise its jurisdiction under

16  sections 14 through 24 if, at the time of the commencement of

17  the proceeding, a proceeding concerning the custody of the

18  child had been commenced in a court of another state having

19  jurisdiction substantially in conformity with this act, unless

20  the proceeding has been terminated or is stayed by the court

21  of the other state because a court of this state is a more

22  convenient forum under section 20.

23         (2)  Except as otherwise provided in section 17, a

24  court of this state, before hearing a child custody

25  proceeding, shall examine the court documents and other

26  information supplied by the parties pursuant to section 22. If

27  the court determines that a child custody proceeding was

28  previously commenced in a court in another state having

29  jurisdiction substantially in accordance with this act, the

30  court of this state shall stay its proceeding and communicate

31  with the court of the other state. If the court of the state

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  1  having jurisdiction substantially in accordance with this act

  2  does not determine that the court of this state is a more

  3  appropriate forum, the court of this state shall dismiss the

  4  proceeding.

  5         (3)  In a proceeding to modify a child custody

  6  determination, a court of this state shall determine whether a

  7  proceeding to enforce the determination has been commenced in

  8  another state. If a proceeding to enforce a child custody

  9  determination has been commenced in another state, the court

10  may:

11         (a)  Stay the proceeding for modification pending the

12  entry of an order of a court of the other state enforcing,

13  staying, denying, or dismissing the proceeding for

14  enforcement;

15         (b)  Enjoin the parties from continuing with the

16  proceeding for enforcement; or

17         (c)  Proceed with the modification under conditions it

18  considers appropriate.

19         Section 23.  Inconvenient forum.--

20         (1)  A court of this state which has jurisdiction under

21  this act to make a child custody determination may decline to

22  exercise its jurisdiction at any time if it determines that it

23  is an inconvenient forum under the circumstances and that a

24  court of another state is a more appropriate forum. The issue

25  of inconvenient forum may be raised upon motion of a party,

26  the court's own motion, or request of another court.

27         (2)  Before determining whether it is an inconvenient

28  forum, a court of this state shall consider whether it is

29  appropriate for a court of another state to exercise

30  jurisdiction. For this purpose, the court shall allow the

31  parties to submit information and shall consider all relevant

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  1  factors, including:

  2         (a)  Whether domestic violence has occurred and is

  3  likely to continue in the future and which state could best

  4  protect the parties and the child;

  5         (b)  The length of time the child has resided outside

  6  this state;

  7         (c)  The distance between the court in this state and

  8  the court in the state that would assume jurisdiction;

  9         (d)  The relative financial circumstances of the

10  parties;

11         (e)  Any agreement of the parties as to which state

12  should assume jurisdiction;

13         (f)  The nature and location of the evidence required

14  to resolve the pending litigation, including testimony of the

15  child;

16         (g)  The ability of the court of each state to decide

17  the issue expeditiously and the procedures necessary to

18  present the evidence; and

19         (h)  The familiarity of the court of each state with

20  the facts and issues in the pending litigation.

21         (3)  If a court of this state determines that it is an

22  inconvenient forum and that a court of another state is a more

23  appropriate forum, it shall stay the proceedings upon

24  condition that a child custody proceeding be promptly

25  commenced in another designated state and may impose any other

26  condition the court considers just and proper.

27         (4)  A court of this state may decline to exercise its

28  jurisdiction under this act if a child custody determination

29  is incidental to an action for divorce or another proceeding

30  while still retaining jurisdiction over the divorce or other

31  proceeding.

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  1         Section 24.  Jurisdiction declined by reason of

  2  conduct.--

  3         (1)  Except as otherwise provided in section 17 or by

  4  other law of this state, if a court of this state has

  5  jurisdiction under this act because a person seeking to invoke

  6  its jurisdiction has engaged in unjustifiable conduct, the

  7  court shall decline to exercise its jurisdiction unless:

  8         (a)  The parents and all persons acting as parents have

  9  acquiesced in the exercise of jurisdiction;

10         (b)  A court of the state otherwise having jurisdiction

11  under sections 14 through 16 determines that this state is a

12  more appropriate forum under section 20; or

13         (c)  No court of any other state would have

14  jurisdiction under the criteria specified in sections 14

15  through 16.

16         (2)  If a court of this state declines to exercise its

17  jurisdiction pursuant to subsection (1), it may fashion an

18  appropriate remedy to ensure the safety of the child and

19  prevent a repetition of the unjustifiable conduct, including

20  staying the proceeding until a child custody proceeding is

21  commenced in a court having jurisdiction under sections 14

22  through 16.

23         (3)  If a court dismisses a petition or stays a

24  proceeding because it declines to exercise its jurisdiction

25  pursuant to subsection (1), it shall assess against the party

26  seeking to invoke its jurisdiction necessary and reasonable

27  expenses, including costs, communication expenses, attorney's

28  fees, investigative fees, expenses for witnesses, travel

29  expenses, and child care during the course of the proceedings,

30  unless the party from whom fees are sought establishes that

31  the assessment would be clearly inappropriate. The court may

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  1  not assess fees, costs, or expenses against this state unless

  2  authorized by law other than this act.

  3         Section 25.  Information to be submitted to the

  4  court.--

  5         (1)  Subject to state law providing for the

  6  confidentiality of procedures, addresses, and other

  7  identifying information in a child custody proceeding, each

  8  party, in its first pleading or in an attached affidavit,

  9  shall give information, if reasonably ascertainable, under

10  oath as to the child's present address or whereabouts, the

11  places where the child has lived during the last 5 years, and

12  the names and present addresses of the persons with whom the

13  child has lived during that period. The pleading or affidavit

14  must state whether the party:

15         (a)  Has participated, as a party or witness or in any

16  other capacity, in any other proceeding concerning the custody

17  of or visitation with the child and, if so, identify the

18  court, the case number, and the date of the child custody

19  determination, if any;

20         (b)  Knows of any proceeding that could affect the

21  current proceeding, including proceedings for enforcement and

22  proceedings relating to domestic violence, protective orders,

23  termination of parental rights, and adoptions and, if so,

24  identify the court, the case number, and the nature of the

25  proceeding; and

26         (c)  Knows the names and addresses of any person not a

27  party to the proceeding who has physical custody of the child

28  or claims rights of legal custody or physical custody of, or

29  visitation with, the child and, if so, the names and addresses

30  of those persons.

31         (2)  If the information required by subsection (1) is

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  1  not furnished, the court, upon motion of a party or its own

  2  motion, may stay the proceeding until the information is

  3  furnished.

  4         (3)  If the declaration as to any of the items

  5  described in paragraphs (1)(a)-(c) is in the affirmative, the

  6  declarant shall give additional information under oath as

  7  required by the court. The court may examine the parties under

  8  oath as to details of the information furnished and other

  9  matters pertinent to the court's jurisdiction and the

10  disposition of the case.

11         (4)  Each party has a continuing duty to inform the

12  court of any proceeding in this or any other state that could

13  affect the current proceeding.

14         Section 26.  Appearance of parties and child.--

15         (1)  In a child custody proceeding in this state, the

16  court may order a party to the proceeding who is in this state

17  to appear before the court in person with or without the

18  child. The court may order any person who is in this state and

19  who has physical custody or control of the child to appear in

20  person with the child.

21         (2)  If a party to a child custody proceeding whose

22  presence is desired by the court is outside this state, the

23  court may order that a notice given pursuant to section 9

24  include a statement directing the party to appear in person

25  with or without the child and informing the party that failure

26  to appear may result in a decision adverse to the party.

27         (3)  The court may enter any orders necessary to ensure

28  the safety of the child and of any person ordered to appear

29  under this section.

30         (4)  If a party to a child custody proceeding who is

31  outside this state is directed to appear under subsection (2)

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  1  or desires to appear in person before the court with or

  2  without the child, the court may require another party to pay

  3  reasonable and necessary travel and other expenses of the

  4  party so appearing and of the child.

  5         Section 27.  Definitions.--As used in sections 24

  6  through 40, the term:

  7         (1)  "Petitioner" means a person who seeks enforcement

  8  of an order for return of a child under the Hague Convention

  9  on the Civil Aspects of International Child Abduction or

10  enforcement of a child custody determination.

11         (2)  "Respondent" means a person against whom a

12  proceeding has been commenced for enforcement of an order for

13  return of a child under the Hague Convention on the Civil

14  Aspects of International Child Abduction or enforcement of a

15  child custody determination.

16         Section 28.  Enforcement under the Hague

17  Convention.--Under this act, a court of this state may enforce

18  an order for the return of a child made under the Hague

19  Convention on the Civil Aspects of International Child

20  Abduction as if it were a child custody determination.

21         Section 29.  Duty to enforce.--

22         (1)  A court of this state shall recognize and enforce

23  a child custody determination of a court of another state if

24  the latter court exercised jurisdiction in substantial

25  conformity with this act or the determination was made under

26  factual circumstances meeting the jurisdictional standards of

27  this act and the determination has not been modified in

28  accordance with this act.

29         (2)  A court of this state may utilize any remedy

30  available under other law of this state to enforce a child

31  custody determination made by a court of another state. The

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  1  remedies provided by sections 24 through 40 are cumulative and

  2  do not affect the availability of other remedies to enforce a

  3  child custody determination.

  4         Section 30.  Temporary visitation.--

  5         (1)  A court of this state which does not have

  6  jurisdiction to modify a child custody determination may issue

  7  a temporary order enforcing:

  8         (a)  A visitation schedule made by a court of another

  9  state; or

10         (b)  The visitation provisions of a child custody

11  determination of another state that does not provide for a

12  specific visitation schedule.

13         (2)  If a court of this state makes an order under

14  paragraph (1)(b), it shall specify in the order a period that

15  it considers adequate to allow the petitioner to obtain an

16  order from a court having jurisdiction under the criteria

17  specified in sections 14 through 23. The order remains in

18  effect until an order is obtained from the other court or the

19  period expires.

20         Section 31.  Registration of child custody

21  determination.--

22         (1)  A child custody determination issued by a court of

23  another state may be registered in this state, with or without

24  a simultaneous request for enforcement, by sending to the

25  appropriate court in this state:

26         (a)  A letter or other document requesting

27  registration;

28         (b)  Two copies, including one certified copy, of the

29  determination sought to be registered, and a statement under

30  penalty of perjury that to the best of the knowledge and

31  belief of the person seeking registration the order has not

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  1  been modified; and

  2         (c)  Except as otherwise provided in section 22, the

  3  name and address of the person seeking registration and any

  4  parent or person acting as a parent who has been awarded

  5  custody or visitation in the child custody determination

  6  sought to be registered.

  7         (2)  On receipt of the documents required by subsection

  8  (1), the registering court shall:

  9         (a)  Cause the determination to be filed as a foreign

10  judgment, together with one copy of any accompanying documents

11  and information, regardless of their form; and

12         (b)  Serve notice upon the persons named pursuant to

13  paragraph (1)(c) and provide them with an opportunity to

14  contest the registration in accordance with this section.

15         (3)  The notice required by paragraph (2)(b) must state

16  that:

17         (a)  A registered determination is enforceable as of

18  the date of the registration in the same manner as a

19  determination issued by a court of this state;

20         (b)  A hearing to contest the validity of the

21  registered determination must be requested within 20 days

22  after service of notice; and

23         (c)  Failure to contest the registration will result in

24  confirmation of the child custody determination and preclude

25  further contest of that determination with respect to any

26  matter that could have been asserted.

27         (4)  A person seeking to contest the validity of a

28  registered order must request a hearing within 20 days after

29  service of the notice. At that hearing, the court shall

30  confirm the registered order unless the person contesting

31  registration establishes that:

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  1         (a)  The issuing court did not have jurisdiction under

  2  sections 14 through 23;

  3         (b)  The child custody determination sought to be

  4  registered has been vacated, stayed, or modified by a court

  5  having jurisdiction to do so under sections 14 through 23; or

  6         (c)  The person contesting registration was entitled to

  7  notice, but notice was not given in accordance with the

  8  standards of section 9 in the proceedings before the court

  9  that issued the order for which registration is sought.

10         (5)  If a timely request for a hearing to contest the

11  validity of the registration is not made, the registration is

12  confirmed as a matter of law and the person requesting

13  registration and all persons served must be notified of the

14  confirmation.

15         (6)  Confirmation of a registered order, whether by

16  operation of law or after notice and hearing, precludes

17  further contest of the order with respect to any matter which

18  could have been asserted at the time of registration.

19         Section 32.  Enforcement of registered determination.--

20         (1)  A court of this state may grant any relief

21  normally available under the laws of this state to enforce a

22  registered child custody determination made by a court of

23  another state.

24         (2)  A court of this state shall recognize and enforce,

25  but may not modify, except in accordance with sections 14

26  through 23, a registered child custody determination of

27  another state.

28         Section 33.  Simultaneous proceedings.--If a proceeding

29  for enforcement under sections 24 through 40 is commenced in a

30  court of this state and the court determines that a proceeding

31  to modify the determination is pending in a court of another

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  1  state having jurisdiction to modify the determination under

  2  sections 14 through 23, the enforcing court shall immediately

  3  communicate with the modifying court. The proceeding for

  4  enforcement continues unless the enforcing court, after

  5  consultation with the modifying court, stays or dismisses the

  6  proceeding.

  7         Section 34.  Expedited enforcement of child custody

  8  determination.--

  9         (1)  A petition under sections 24 through 40 must be

10  verified. Certified copies of all orders sought to be enforced

11  and of any order confirming registration must be attached to

12  the petition. A copy of a certified copy of an order may be

13  attached instead of the original.

14         (2)  A petition for enforcement of a child custody

15  determination must state:

16         (a)  Whether the court that issued the determination

17  identified the jurisdictional basis it relied upon in

18  exercising jurisdiction and, if so, what the basis was;

19         (b)  Whether the determination for which enforcement is

20  sought has been vacated, stayed, or modified by a court whose

21  decision must be enforced under this act and, if so, identify

22  the court, the case number, and the nature of the proceeding;

23         (c)  Whether any proceeding has been commenced that

24  could affect the current proceeding, including proceedings

25  relating to domestic violence, protective orders, termination

26  of parental rights, and adoptions and, if so, identify the

27  court, the case number, and the nature of the proceeding;

28         (d)  The present physical address of the child and the

29  respondent, if known;

30         (e)  Whether relief in addition to the immediate

31  physical custody of the child and attorney's fees is sought,

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  1  including a request for assistance from law enforcement

  2  officers and, if so, the relief sought; and

  3         (f)  If the child custody determination has been

  4  registered and confirmed under section 28, the date and place

  5  of registration.

  6         (3)  Upon the filing of a petition, the court shall

  7  issue an order directing the respondent to appear in person

  8  with or without the child at a hearing and may enter any order

  9  necessary to ensure the safety of the parties and the child.

10  The hearing must be held on the next judicial day after

11  service of the order unless that date is impossible. In that

12  event, the court shall hold the hearing on the first judicial

13  day possible. The court may extend the date of the hearing at

14  the request of the petitioner.

15         (4)  An order issued under subsection (3) must state

16  the time and place of the hearing and advise the respondent

17  that at the hearing the court will order that the petitioner

18  may take immediate physical custody of the child and the

19  payment of fees, costs, and expenses under section 35, and may

20  schedule a hearing to determine whether further relief is

21  appropriate, unless the respondent appears and establishes

22  that:

23         (a)  The child custody determination has not been

24  registered and confirmed under section 28 and that:

25         1.  The issuing court did not have jurisdiction under

26  sections 14 through 23;

27         2.  The child custody determination for which

28  enforcement is sought has been vacated, stayed, or modified by

29  a court of a state having jurisdiction to do so under sections

30  14 through 23; or

31         3.  The respondent was entitled to notice, but notice

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  1  was not given in accordance with the standards of section 9 in

  2  the proceedings before the court that issued the order for

  3  which enforcement is sought; or

  4         (b)  The child custody determination for which

  5  enforcement is sought was registered and confirmed under

  6  section 28, but has been vacated, stayed, or modified by a

  7  court of a state having jurisdiction to do so under sections

  8  14 through 23.

  9         Section 35.  Service of petition and order.--Except as

10  otherwise provided in section 34, the petition and order must

11  be served by any method authorized by the laws of this state

12  upon the respondent and any person who has physical custody of

13  the child.

14         Section 36.  Hearing and order.--

15         (1)  Unless the court enters a temporary emergency

16  order pursuant to section 17, upon a finding that a petitioner

17  is entitled to immediate physical custody of the child, the

18  court shall order that the petitioner may take immediate

19  physical custody of the child unless the respondent

20  establishes that:

21         (a)  The child custody determination has not been

22  registered and confirmed under section 28 and that:

23         1.  The issuing court did not have jurisdiction under

24  sections 14 through 23;

25         2.  The child custody determination for which

26  enforcement is sought has been vacated, stayed, or modified by

27  a court of a state having jurisdiction to do so under sections

28  14 through 23; or

29         3.  The respondent was entitled to notice, but notice

30  was not given in accordance with the standards of section 9 in

31  the proceedings before the court that issued the order for

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  1  which enforcement is sought; or

  2         (b)  The child custody determination for which

  3  enforcement is sought was registered and confirmed under

  4  section 28, but has been vacated, stayed, or modified by a

  5  court of a state having jurisdiction to do so under sections

  6  14 through 23.

  7         (2)  The court shall award the fees, costs, and

  8  expenses authorized under section 35 and may grant additional

  9  relief, including a request for the assistance of law

10  enforcement officers, and set a further hearing to determine

11  whether additional relief is appropriate.

12         (3)  If a party called to testify refuses to answer on

13  the ground that the testimony may be self-incriminating, the

14  court may draw an adverse inference from the refusal.

15         (4)  A privilege against disclosure of communications

16  between spouses and a defense of immunity based on the

17  relationship of husband and wife or parent and child may not

18  be invoked in a proceeding under sections 24 through 40.

19         Section 37.  Warrant to take physical custody of

20  child.--

21         (1)  Upon the filing of a petition seeking enforcement

22  of a child custody determination, the petitioner may file a

23  verified application for the issuance of a warrant to take

24  physical custody of the child if the child is likely to

25  imminently suffer serious physical harm or removal from this

26  state.

27         (2)  If the court, upon the testimony of the petitioner

28  or other witness, finds that the child is likely to imminently

29  suffer serious physical harm or removal from this state, it

30  may issue a warrant to take physical custody of the child. The

31  petition must be heard on the next judicial day after the

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  1  warrant is executed unless that date is impossible. In that

  2  event, the court shall hold the hearing on the first judicial

  3  day possible. The application for the warrant must include the

  4  statements required by section 31(2).

  5         (3)  A warrant to take physical custody of a child

  6  must:

  7         (a)  Recite the facts upon which a conclusion of

  8  imminent serious physical harm or removal from the

  9  jurisdiction is based;

10         (b)  Direct law enforcement officers to take physical

11  custody of the child immediately; and

12         (c)  Provide for the placement of the child pending

13  final relief.

14         (4)  The respondent must be served with the petition,

15  warrant, and order immediately after the child is taken into

16  physical custody.

17         (5)  A warrant to take physical custody of a child is

18  enforceable throughout this state. If the court finds on the

19  basis of the testimony of the petitioner or other witness that

20  a less intrusive remedy is not effective, it may authorize law

21  enforcement officers to enter private property to take

22  physical custody of the child. If required by exigent

23  circumstances of the case, the court may authorize law

24  enforcement officers to make a forcible entry at any hour.

25         (6)  The court may impose conditions upon placement of

26  a child to ensure the appearance of the child and the child's

27  custodian.

28         Section 38.  Costs, fees, and expenses.--

29         (1)  The court shall award the prevailing party,

30  including a state, necessary and reasonable expenses incurred

31  by or on behalf of the party, including costs, communication

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                                                   HOUSE AMENDMENT

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  1  expenses, attorney's fees, investigative fees, expenses for

  2  witnesses, travel expenses, and child care during the course

  3  of the proceedings, unless the party from whom fees or

  4  expenses are sought establishes that the award would be

  5  clearly inappropriate.

  6         (2)  The court may not assess fees, costs, or expenses

  7  against a state unless authorized by law other than this act.

  8         Section 39.  Recognition and enforcement.--A court of

  9  this state shall accord full faith and credit to an order

10  issued by another state and consistent with this act which

11  enforces a child custody determination by a court of another

12  state unless the order has been vacated, stayed, or modified

13  by a court having jurisdiction to do so under sections 14

14  through 23.

15         Section 40.  Appeals.--An appeal may be taken from a

16  final order in a proceeding under sections 24 through 40 in

17  accordance with expedited appellate procedures in other civil

18  cases. Unless the court enters a temporary emergency order

19  under section 17, the enforcing court may not stay an order

20  enforcing a child custody determination pending appeal.

21         Section 41.  Role of state attorney.--

22         (1)  In a case arising under this act or involving the

23  Hague Convention on the Civil Aspects of International Child

24  Abduction, the state attorney may take any lawful action,

25  including resort to a proceeding under sections 24 through 40

26  or any other available civil proceeding, to locate a child,

27  obtain the return of a child, or enforce a child custody

28  determination, if there is:

29         (a)  An existing child custody determination;

30         (b)  A request to do so from a court in a pending child

31  custody proceeding;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         (c)  A reasonable belief that a criminal statute has

  2  been violated; or

  3         (d)  A reasonable belief that the child has been

  4  wrongfully removed or retained in violation of the Hague

  5  Convention on the Civil Aspects of International Child

  6  Abduction.

  7         (2)  A state attorney acting under this section acts on

  8  behalf of the court and may not represent any party.

  9         Section 42.  Role of law enforcement officers.--At the

10  request of a state attorney acting under section 38, a law

11  enforcement officer may take any lawful action reasonably

12  necessary to locate a child or a party and assist a state

13  attorney with responsibilities under section 38.

14         Section 43.  Costs and expenses.--If the respondent is

15  not the prevailing party, the court may assess against the

16  respondent all direct expenses and costs incurred by the state

17  attorney and law enforcement officers under section 38 or

18  section 39.

19         Section 44.  Application and construction.--In applying

20  and construing this act, consideration must be given to the

21  need to promote uniformity of the law with respect to its

22  subject matter among states that enact it.

23         Section 45.  Severability clause.--If any provision of

24  this act or its application to any person or circumstance is

25  held invalid, the invalidity does not affect other provisions

26  or applications of this act which can be given effect without

27  the invalid provision or application, and to this end the

28  provisions of this act are severable.

29         Section 46.  Transitional provision.--A motion or other

30  request for relief made in a child custody proceeding or to

31  enforce a child custody determination which was commenced

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  before the effective date of this act is governed by the law

  2  in effect at the time the motion or other request was made.

  3         Section 47.  Paragraph (d) of subsection (3),

  4  subsection (4), and paragraph (a) of subsection (7) of section

  5  741.30, Florida Statutes, are amended to read:

  6         741.30  Domestic violence; injunction; powers and

  7  duties of court and clerk; petition; notice and hearing;

  8  temporary injunction; issuance of injunction; statewide

  9  verification system; enforcement.--

10         (3)

11         (d)  If the sworn petition seeks to determine issues of

12  custody or visitation with regard to the minor child or

13  children of the parties, the sworn petition shall be

14  accompanied by or shall incorporate the allegations required

15  by section 22 s. 61.132 of the Uniform Child Custody

16  Jurisdiction and Enforcement Act.

17         (4)  Upon the filing of the petition, the court shall

18  set a hearing to be held at the earliest possible time. The

19  respondent shall be personally served with a copy of the

20  petition, financial affidavit, uniform child custody

21  jurisdiction and enforcement act affidavit, if any, notice of

22  hearing, and temporary injunction, if any, prior to the

23  hearing.

24         (7)(a)1.  The clerk of the court shall furnish a copy

25  of the petition, financial affidavit, uniform child custody

26  jurisdiction and enforcement act affidavit, if any, notice of

27  hearing, and temporary injunction, if any, to the sheriff or a

28  law enforcement agency of the county where the respondent

29  resides or can be found, who shall serve it upon the

30  respondent as soon thereafter as possible on any day of the

31  week and at any time of the day or night. The clerk of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  court shall be responsible for furnishing to the sheriff such

  2  information on the respondent's physical description and

  3  location as is required by the department to comply with the

  4  verification procedures set forth in this section.

  5  Notwithstanding any other provision of law to the contrary,

  6  the chief judge of each circuit, in consultation with the

  7  appropriate sheriff, may authorize a law enforcement agency

  8  within the jurisdiction to effect service. A law enforcement

  9  agency serving injunctions pursuant to this section shall use

10  service and verification procedures consistent with those of

11  the sheriff.

12         2.  When an injunction is issued, if the petitioner

13  requests the assistance of a law enforcement agency, the court

14  may order that an officer from the appropriate law enforcement

15  agency accompany the petitioner and assist in placing the

16  petitioner in possession of the dwelling or residence, or

17  otherwise assist in the execution or service of the

18  injunction. A law enforcement officer shall accept a copy of

19  an injunction for protection against domestic violence,

20  certified by the clerk of the court, from the petitioner and

21  immediately serve it upon a respondent who has been located

22  but not yet served.

23         3.  All orders issued, changed, continued, extended, or

24  vacated subsequent to the original service of documents

25  enumerated under subparagraph 1., shall be certified by the

26  clerk of the court and delivered to the parties at the time of

27  the entry of the order.  The parties may acknowledge receipt

28  of such order in writing on the face of the original order.

29  In the event a party fails or refuses to acknowledge the

30  receipt of a certified copy of an order, the clerk shall note

31  on the original order that service was effected.  If delivery

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1  at the hearing is not possible, the clerk shall mail certified

  2  copies of the order to the parties at the last known address

  3  of each party.  Service by mail is complete upon mailing.

  4  When an order is served pursuant to this subsection, the clerk

  5  shall prepare a written certification to be placed in the

  6  court file specifying the time, date, and method of service

  7  and shall notify the sheriff.

  8

  9  If the respondent has been served previously with the

10  temporary injunction and has failed to appear at the initial

11  hearing on the temporary injunction, any subsequent petition

12  for injunction seeking an extension of time may be served on

13  the respondent by the clerk of the court by certified mail in

14  lieu of personal service by a law enforcement officer.

15         Section 48.  Sections 61.1302, 61.1304, 61.1306,

16  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

17  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

18  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

19  61.1348, Florida Statutes, are repealed.

20         Section 49.  This act shall take effect October 1,

21  2002.

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 1,

27  remove:  entire title

28

29  and insert:

30                      A bill to be entitled

31         An act relating to child custody jurisdiction

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         and enforcement; creating the "Uniform Child

  2         Custody Jurisdiction and Enforcement Act";

  3         providing purposes of act; providing

  4         definitions; specifying proceedings not

  5         governed by the act; providing application to

  6         Indian tribes; providing international

  7         application of the act; providing the effect of

  8         a child custody determination; providing

  9         priority for questions of jurisdiction under

10         the act; providing for notice to persons

11         outside the state; providing for appearance at

12         proceedings and limited immunity; providing for

13         communication between courts of this state and

14         courts of other states; providing for taking

15         testimony in another state; providing for

16         cooperation between courts and the preservation

17         of records; providing for initial child custody

18         jurisdiction; providing for exclusive,

19         continuing jurisdiction; providing for

20         jurisdiction to modify a child custody

21         determination; providing for temporary

22         emergency jurisdiction; providing for notice,

23         opportunity to be heard, and joinder; providing

24         procedures with respect to simultaneous

25         proceedings; providing for determination of an

26         inconvenient forum; providing procedures for a

27         decline of jurisdiction by reason of conduct;

28         specifying information to be submitted to the

29         court; providing for the appearance of the

30         parties and the child at proceedings; providing

31         definitions relating to enforcement; providing

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         for enforcement under the Hague Convention;

  2         providing duty of the court to enforce child

  3         custody determinations of a court of another

  4         state; providing for temporary visitation;

  5         providing for registration of out-of-state

  6         child custody determinations; providing for

  7         enforcement of registered determinations;

  8         providing procedures with respect to

  9         simultaneous proceedings; providing for

10         expedited enforcement of a child custody

11         determination; providing for service of

12         petition and order; providing for hearing and

13         order; providing for issuance of a warrant to

14         take physical custody of a child under certain

15         circumstances; providing for award of costs,

16         fees, and expenses to the prevailing party;

17         providing for recognition of enforcement orders

18         of a court of another state; providing for

19         appeals; providing for actions by the state

20         attorney; providing for actions by law

21         enforcement officers; providing for assessment

22         of costs and expenses incurred by the state

23         attorney and law enforcement officers;

24         providing for application and construction of

25         the act; providing severability; providing for

26         transition; amending s. 61.13, F.S.; providing

27         for the posting of a bond with respect to

28         certain orders of child custody or visitation;

29         providing criteria for the court to use in

30         assessing the need for a bond; providing for

31         forfeiture of the bond under certain

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 549

    Amendment No. 01 (for drafter's use only)





  1         circumstances; creating a new section;

  2         providing for the posting of a bond with

  3         respect to certain orders of child custody or

  4         visitation; providing criteria for the court to

  5         use in assessing the need for a bond; providing

  6         for forfeiture of the bond under certain

  7         circumstances; amending ss. 39.502, 61.13, and

  8         741.30, F.S.; conforming references and

  9         cross-references; repealing ss. 61.1302,

10         61.1304, 61.1306, 61.1308, 61.131, 61.1312,

11         61.1314, 61.1316, 61.1318, 61.132, 61.1322,

12         61.1324, 61.1326, 61.1328, 61.133, 61.1332,

13         61.1334, 61.1336, 61.1338, 61.134, 61.1342,

14         61.1344, 61.1346, and 61.1348, F.S., relating

15         to the "Uniform Child Custody Jurisdiction

16         Act"; providing an effective date.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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