Montana Code Annotated 1995

MCA ContentsSearchPart Contents


     40-7-102. Purpose -- construction. (1) The general purposes of this chapter are to:
     (a) avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
     (b) promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;
     (c) assure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and personal relationships is most readily available and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state;
     (d) discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;
     (e) deter abductions and other unilateral removals of children undertaken to obtain custody awards;
     (f) avoid relitigation of custody decisions of other states in this state insofar as feasible;
     (g) facilitate the enforcement of custody decrees of other states;
     (h) promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child; and
     (i) make uniform the law of those states which enact it.
     (2) This chapter shall be construed to promote the general purposes stated in this section.

     History: En. 61-402 by Sec. 2, Ch. 537, L. 1977; R.C.M. 1947, 61-402.

Previous SectionHelpNext Section
Provided by Montana Legislative Services