ARTICLE 5-A: Uniform Child Custody Jurisdiction Act
(provided by Divorce Source, Inc.)
Published 6.5.98
Sec. 75-t. Assistance to courts of other states.
1. Upon
request of the court of another state the courts of this state
which are competent to hear custody matters may order a party or
witness in this state to appear at an examination to be conducted
in the same manner as if such person were a party to or witness
in an action pending in the supreme court. A certified copy of
the deposition or the evidence otherwise adduced shall be
forwarded by the clerk of the court to the court which requested
it.
2. A person within the state may voluntarily give his
testimony or statement for use in a custody proceeding outside
this state.
3. Upon request of the court of another state a competent
court of this state may order a person within the state to appear
alone or with the child in a custody proceeding in another state.
The court may condition compliance with the request upon
assurance by the other state that travel and other necessary
expenses will be advanced or reimbursed.
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Sec. 75-u. Preservation of evidence for use in other states.
In any custody proceeding in this state the court shall preserve
the pleadings, orders and decrees, any record that has been made
of its hearings, social studies, and other pertinent documents
until the child reaches twenty-one years of age. Upon
appropriate request of the court of another state the court shall
forward to the other court certified copies of any or all of such
documents.
Sec. 75-v. Request for court records from another state. If
a custody decree has been rendered in another state concerning a
child involved in a custody proceeding pending in a court of this
state, the court of this state upon taking jurisdiction of the
case shall request of the court of the other state a certified
copy of the transcript of any court record and other documents
mentioned in section seventy-five-u.
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Sec. 75-w. International application. The general policies
of this article extend to the international area. The provisions
of this article relating to the recognition and enforcement of
custody decrees of other states apply to custody decrees and
decrees involving legal institutions similar in nature to custody
institutions rendered by appropriate authorities of other nations
if reasonable notice and opportunity to be heard were given to
all affected persons.
Sec. 75-x. Priority. Upon the request of a party to a
custody proceeding which raises a question of existence or
exercise of jurisdiction under this article the case shall be
given calendar priority and handled expeditiously.
Sec. 75-y. Separability. If any part of this article or the
application thereof to any person or circumstance is adjudged
invalid by a court of competent jurisdiction, such judgment shall
not affect or impair the validity of the remainder of such
article or the application thereof to other persons and
circumstances.
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Sec. 75-z. Inconsistent provisions of other laws superseded.
Insofar as the provisions of this article are inconsistent with
the provisions of any other law, general, special or local, the
provisions of this article shall be controlling.
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