Maine Revised Statutes

§1768. Expedited enforcement of child custody determination

1. Petition for enforcement verified.  A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]
2. Petition contents.  A petition for enforcement of a child custody determination must state:
A. Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
B. Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
C. Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
D. The present physical address of the child and the respondent, if known; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
E. Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
F. If the child custody determination has been registered and confirmed under section 1765, the date and place of registration. [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]
3. Order directing appearance; hearing.  Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]
4. Contents of order.  An order issued under subsection 3 must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 1772 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
A. The child custody determination has not been registered and confirmed under section 1765 and that:
(1) The issuing court did not have jurisdiction under subchapter II;
(2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 1738, in the proceedings before the court that issued the order for which enforcement is sought; or [1999, c. 790, Pt. A, §21 (AMD).]
B. The child custody determination for which enforcement is sought was registered and confirmed under section 1764, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II. [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
[ 1999, c. 790, Pt. A, §21 (AMD) .]
5. Military members; expedited enforcement of visitation provisions.  Notwithstanding any other provision of law, upon 2 days' notice to a custodial parent or upon such shorter notice as the court may order, a person who is subject to a child custody determination, is a resident of this State, is on active duty serving in the United States Armed Forces or in the National Guard and is either permanently stationed at a military, naval or National Guard post, station or base outside this State or deployed for military or National Guard service may appear and move for enforcement of visitation provisions of a child custody determination and, in that event, the court shall proceed to determine the motion as expeditiously as the ends of justice require.
[ 2015, c. 273, §1 (NEW) .]
SECTION HISTORY
1999, c. 486, §3 (NEW). 1999, c. 486, §6 (AFF). 1999, c. 790, §A21 (AMD). 2015, c. 273, §1 (AMD).