2019 Montana Legislature

Additional Bill Links     PDF version

Seal

HOUSE BILL NO. 283

INTRODUCED BY C. KEOGH, S. GREEF, P. WEBB

 

AN ACT CORRECTING TECHNICAL CROSS-REFERENCING ERRORS IN MONTANA'S ENACTMENT OF THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT; AMENDING SECTION 40-7-109, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 40-7-109, MCA, is amended to read:

     "40-7-109.  Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in 40-7-202 40-7-204, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless:

     (a)  the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

     (b)  a court of the state otherwise having jurisdiction under 40-7-139, 40-7-140, and 40-7-201 40-7-201 through 40-7-203 determines that this state is a more appropriate forum under 40-7-108; or

     (c)  no other state would have jurisdiction under 40-7-201 through 40-7-203.

     (2)  If a court of this state declines to exercise its jurisdiction pursuant to subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the wrongful unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under 40-7-201 through 40-7-203.

     (3)  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter."

 

     Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 283 (HB0283.ENR)
Processed for the Web on March 12, 2019 (1:22pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

 Status of this Bill | 2019 Legislature | Leg. Branch Home
All versions of this bill (PDF format)
Authorized print version of this bill (PDF format)
[
NEW SEARCH ]

Prepared by Montana Legislative Services
(406) 444-3064