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HB 335: "An Act replacing the Uniform Child Custody Jurisdiction Act with the Uniform Child Custody Jurisdiction and Enforcement Act; and amending Rules 4 and 62, Alaska Rules of Civil Procedure, and Rule 205, Alaska Rules of Appellate Procedure."

00HOUSE BILL NO. 335 01 "An Act replacing the Uniform Child Custody Jurisdiction Act with the Uniform 02 Child Custody Jurisdiction and Enforcement Act; and amending Rules 4 and 62, 03 Alaska Rules of Civil Procedure, and Rule 205, Alaska Rules of Appellate 04 Procedure." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 25.24.150(a) is amended to read: 07 (a) In an action for divorce or for legal separation or for placement of a child 08 when one or both parents have died, the court may, if it has jurisdiction under 09 AS 25.30.300 - 25.30.320 [AS 25.30.020], and is an appropriate forum under 10 AS 25.30.350 and 25.30.360 [AS 25.30.050 AND 25.30.060], during the pendency of 11 the action, or at the final hearing or at any time thereafter during the minority of a 12 child of the marriage, make, modify, or vacate an order for the custody of or visitation 13 with the minor child that may seem necessary or proper, including an order that 14 provides for visitation by a grandparent or other person if that is in the best interests

01 of the child. 02 * Sec. 2. AS 25.30 is amended by adding new sections to read: 03 Article 1. Jurisdiction. 04 Sec. 25.30.300. Initial child custody jurisdiction. (a) Except as otherwise 05 provided in AS 25.30.330, a court of this state has jurisdiction to make an initial child 06 custody determination only if 07 (1) this state is the home state of the child on the date of the 08 commencement of the proceeding; 09 (2) this state was the home state of the child within six months before 10 the commencement of the proceeding and the child is absent from this state but a 11 parent or person acting as a parent continues to live in this state; 12 (3) a court of another state does not have jurisdiction under provisions 13 substantially similar to (1) or (2) of this subsection, or a court of the home state of the 14 child has declined to exercise jurisdiction on the ground that this state is the more 15 appropriate forum under provisions substantially similar to AS 25.30.360 or 25.30.370, 16 and 17 (A) the child and the child's parents, or the child and at least 18 one parent or a person acting as a parent, have a significant connection with 19 this state other than mere physical presence; and 20 (B) substantial evidence is available in this state concerning the 21 child's care, protection, training, and personal relationships; 22 (4) all courts having jurisdiction under the criteria specified in (1) - (3) 23 of this subsection have declined to exercise jurisdiction on the ground that a court of 24 this state is the more appropriate forum to determine the custody of the child under 25 provisions substantially similar to AS 25.30.360 or 25.30.370; or 26 (5) no court of another state would have jurisdiction under the criteria 27 specified in (1) - (4) of this subsection. 28 (b) The provisions of (a) of this section are the exclusive jurisdictional bases 29 for making a child custody determination by a court of this state. 30 (c) Physical presence of or personal jurisdiction over a party or a child is not 31 necessary or sufficient to make a child custody determination.

01 Sec 25.30.310. Exclusive, continuing jurisdiction. (a) Except as otherwise 02 provided in AS 25.30.330, a court of this state that has made a child custody 03 determination consistent with AS 25.30.300 or 25.30.320 has exclusive, continuing 04 jurisdiction over the determination until 05 (1) a court of this state determines that neither the child, the child and 06 one parent, nor the child and a person acting as a parent have a significant connection 07 with this state and that substantial evidence is no longer available in this state 08 concerning the child's care, protection, training, and personal relationships; or 09 (2) a court of this state or a court of another state determines that 10 neither the child, nor a parent, nor a person acting as a parent presently resides in this 11 state. 12 (b) A court of this state that has made a child custody determination and does 13 not have exclusive, continuing jurisdiction under this section may modify that 14 determination only if it has jurisdiction to make an initial determination under 15 AS 25.30.300. 16 Sec. 25.30.320. Jurisdiction to modify determination. Except as otherwise 17 provided in AS 25.30.330, a court of this state may not modify a child custody 18 determination made by a court of another state unless a court of this state has 19 jurisdiction to make an initial determination under AS 25.30.300(1), (2), or (3) and 20 (1) the court of the other state determines it no longer has exclusive, 21 continuing jurisdiction under provisions substantially similar to AS 25.30.310 or that 22 a court of this state would be a more convenient forum under provisions substantially 23 similar to AS 25.30.360; or 24 (2) a court of this state or a court of the other state determines that 25 neither the child, nor a parent, nor a person acting as a parent presently resides in the 26 other state. 27 Sec. 25.30.330. Temporary emergency jurisdiction. (a) A court of this state 28 has temporary emergency jurisdiction if the child is present in this state and the child 29 has been abandoned or it is necessary in an emergency to protect the child because the 30 child, or a sibling or parent of the child, is subjected to or threatened with 31 mistreatment or abuse.

01 (b) If there is no previous child custody determination that is entitled to be 02 enforced under this chapter and if a child custody proceeding has not been commenced 03 in a court of a state having jurisdiction under provisions substantially similar to 04 AS 25.30.300 - 25.30.320, a child custody determination made under this section 05 remains in effect until an order is obtained from a court of a state having jurisdiction 06 under AS 25.30.300 - 25.30.320 or provisions substantially similar to AS 25.30.300 - 07 25.30.320. If a child custody proceeding has not been or is not commenced in a court 08 of a state having jurisdiction under AS 25.30.300 - 25.30.320 or provisions 09 substantially similar to AS 25.30.300 - 25.30.320, a child custody determination made 10 under this section becomes a final determination if it so provides and this state 11 becomes the home state of the child. 12 (c) If there is a previous child custody determination that is entitled to be 13 enforced under this chapter or a child custody proceeding has been commenced in a 14 court of a state having jurisdiction under AS 25.30.300 - 25.30.320 or provisions 15 substantially similar to AS 25.30.300 - 25.30.320, an order issued by a court of this 16 state under this section must specify in the order a period that the court considers 17 adequate to allow the person seeking an order to obtain an order from the state having 18 jurisdiction under AS 25.30.300 - 25.30.320 or provisions substantially similar to 19 AS 25.30.300 - 25.30.320. The order issued in this state remains in effect until an 20 order is obtained from the other state within the period specified or the period expires. 21 (d) A court of this state that has been asked to make a child custody 22 determination under this section, on being informed that a child custody proceeding 23 has been commenced in, or a child custody determination has been made by, a court 24 of a state having jurisdiction under AS 25.30.300 - 25.30.320 or provisions 25 substantially similar to AS 25.30.300 - 25.30.320 shall immediately communicate with 26 the other court. A court of this state that is exercising jurisdiction under AS 25.30.300 27 - 25.30.320, on being informed that a child custody proceeding has been commenced 28 in, or a child custody determination has been made by, a court of another state under 29 a statute substantially similar to this section, shall immediately communicate with the 30 court of that state to resolve the emergency, protect the safety of the parties and the 31 child, and determine a period for the duration of the temporary order.

01 Sec. 25.30.340. Notice; opportunity to be heard; joinder. (a) Before a child 02 custody determination is made under this chapter, notice and an opportunity to be 03 heard in accordance with AS 25.30.840 shall be given to all persons entitled to notice 04 under the law of this state as in child custody proceedings between residents of this 05 state, a parent whose parental rights have not been previously terminated, and a person 06 having physical custody of the child. 07 (b) This chapter does not govern the enforceability of a child custody 08 determination made without notice or an opportunity to be heard. 09 (c) The obligation to join a party and the right to intervene as a party in a 10 child custody proceeding under this chapter are governed by the law of this state as 11 in child custody proceedings between residents of this state. 12 Sec. 25.30.350. Simultaneous proceedings. (a) Except as otherwise provided 13 in AS 25.30.330, a court of this state may not exercise its jurisdiction under 14 AS 25.30.300 - 25.30.390 if, at the time of the commencement of the proceeding, a 15 proceeding concerning the custody of the child had been previously commenced in a 16 court of another state having jurisdiction substantially in conformity with this chapter 17 unless the proceeding has been terminated or is stayed by the court of the other state 18 because a court of this state is a more convenient forum under provisions substantially 19 similar to AS 25.30.360. 20 (b) Except as otherwise provided in AS 25.30.330, a court of this state, before 21 hearing a child custody proceeding, shall examine the court documents and other 22 information supplied by the parties under AS 25.30.380. If the court determines that 23 a child custody proceeding has been commenced in a court in another state having 24 jurisdiction substantially in accordance with this chapter, the court of this state shall 25 stay its proceeding and communicate with the court of the other state. If the court of 26 the state having jurisdiction substantially in accordance with this chapter does not 27 determine that the court of this state is a more appropriate forum, the court of this state 28 shall dismiss the proceeding. 29 (c) In a proceeding to modify a child custody determination, a court of this 30 state shall determine whether a proceeding to enforce the determination has been 31 commenced in another state. If a proceeding to enforce a child custody determination

01 has been commenced in another state, the court may 02 (1) stay the proceeding for modification pending the entry of an order 03 of a court of the other state enforcing, staying, denying, or dismissing the proceeding 04 for enforcement; 05 (2) enjoin the parties from continuing with the proceeding for 06 enforcement; or 07 (3) proceed with the modification under conditions it considers 08 appropriate. 09 Sec. 25.30.360. Inconvenient forum. (a) A court of this state that has 10 jurisdiction under this chapter to make a child custody determination may decline to 11 exercise its jurisdiction at any time if it determines that it is an inconvenient forum 12 under the circumstances and that a court of another state is a more appropriate forum. 13 The issue of inconvenient forum may be raised on motion of a party, the court's own 14 motion, or request of another court. 15 (b) Before determining whether it is an inconvenient forum, a court of this 16 state shall consider whether it is appropriate for a court of another state to exercise 17 jurisdiction. For this purpose, the court shall allow the parties to submit information 18 and shall consider all relevant factors, including 19 (1) whether domestic violence has occurred and is likely to continue 20 in the future and which state could best protect the parties and the child; 21 (2) the length of time the child has resided outside this state; 22 (3) the distance between the court in this state and the court in the state 23 that would assume jurisdiction; 24 (4) the relative financial circumstances of the parties; 25 (5) an agreement of the parties as to which state should assume 26 jurisdiction; 27 (6) the nature and location of the evidence required to resolve the 28 pending litigation, including testimony of the child; 29 (7) the ability of the court of each state to decide the issue 30 expeditiously and the procedures necessary to present the evidence; and 31 (8) the familiarity of the court of each state with the facts and issues

01 in the pending litigation. 02 (c) If a court of this state determines that it is an inconvenient forum and that 03 a court of another state is a more appropriate forum, it shall stay the proceedings on 04 condition that a child custody proceeding be promptly commenced in another 05 designated state and may impose any other condition the court considers just and 06 proper. 07 (d) A court of this state may decline to exercise its jurisdiction under this 08 chapter if a child custody determination is incidental to an action for divorce or 09 another proceeding while still retaining jurisdiction over the divorce or other 10 proceeding. 11  Sec. 25.30.370. Jurisdiction declined because of conduct. (a) Except as 12 otherwise provided in AS 25.30.330, if a court of this state has jurisdiction under this 13 chapter because a person invoking the jurisdiction has engaged in wrongful conduct, 14 the court shall decline to exercise its jurisdiction unless 15 (1) the parents and all persons acting as parents have acquiesced in the 16 exercise of jurisdiction; 17 (2) a court of the state otherwise having jurisdiction under 18 AS 25.30.300 - 25.30.320 determines that this state is a more appropriate forum under 19 provisions substantially similar to AS 25.30.360; or 20 (3) no court of another state would have jurisdiction under the criteria 21 specified in AS 25.30.300 - 25.30.320. 22 (b) If a court of this state declines to exercise its jurisdiction under (a) of this 23 section, it may fashion an appropriate remedy to ensure the safety of the child and 24 prevent a repetition of the wrongful conduct, including staying the proceeding, until 25 a child custody proceeding is commenced in a court having jurisdiction under 26 provisions substantially similar to AS 25.30.300 - 25.30.320. 27 (c) If a court dismisses a petition or stays a proceeding because it declines to 28 exercise its jurisdiction under (a) of this section, that court shall assess against the 29 party seeking to invoke its jurisdiction with necessary and reasonable expenses, 30 including costs, communication expenses, attorney fees, investigative fees, expenses 31 for witnesses, travel expenses, and child care during the course of the proceedings,

01 unless the party against whom the assessment is sought establishes that the assessment 02 would be clearly inappropriate. The court may not assess fees, costs, or expenses 03 against this state unless authorized by law other than this chapter. 04  Sec. 25.30.380. Information to be submitted to court. (a) Subject to a 05 contravening court order, in a child custody proceeding, each party, in its first pleading 06 or in an attached affidavit, shall give information, if reasonably ascertainable, under 07 oath as to the child's present address or whereabouts, the places where the child has 08 lived during the last five years, and the names and present addresses of the persons 09 with whom the child has lived during that period. The pleading or affidavit must state 10 whether the party 11 (1) has participated, as a party or witness or in another capacity, in 12 another proceeding concerning the custody of or visitation with the child and, if so, 13 identify the court, the case number, and the date of the child custody determination, 14 if any; 15 (2) knows of a proceeding that could affect the current proceeding, 16 including a proceeding for enforcement and a proceeding relating to domestic violence, 17 protective orders, termination of parental rights, and adoptions and, if so, identify the 18 court, the case number, and the nature of the proceeding; and 19 (3) knows the names and addresses of a person not a party to the 20 proceeding who has physical custody of the child or claims rights of legal custody or 21 physical custody of, or visitation with, the child and, if so, the names and addresses 22 of those persons. 23 (b) If the information required by (a) of this section is not furnished, the court, 24 on motion of a party or its own motion, may stay the proceeding until the information 25 is furnished. 26 (c) If the declaration as to an item described in (a)(1) - (3) of this section is 27 in the affirmative, the declarant shall give additional information under oath as 28 required by the court. The court may examine the parties under oath as to details of 29 the information furnished and other matters pertinent to the court's jurisdiction and the 30 disposition of the case. 31 (d) Each party has a continuing duty to inform the court of a proceeding in

01 this state or in another state that could affect the current proceeding. 02 (e) If a party alleges in an affidavit or a pleading under oath that the health, 03 safety, or liberty of a party or child would be jeopardized by disclosure of identifying 04 information, the information shall be sealed and may not be disclosed to the other 05 party or the public unless the court orders the disclosure to be made after a hearing in 06 which the court takes into consideration the health, safety, or liberty of the party or 07 child and determines that the disclosure is in the interest of justice. 08 Sec. 25.30.390. Appearance of parties and child. (a) In a child custody 09 proceeding in this state, the court may order a party to the proceeding who is in this 10 state to appear before the court personally with or without the child. The court may 11 order a person who is in this state and who has physical custody or control of the child 12 to appear in person with the child. 13 (b) If a party to a child custody proceeding whose presence is desired by the 14 court is outside this state, the court may order that a notice given under AS 25.30.840 15 include a statement directing the party to appear in person with or without the child 16 and informing the party that failure to appear may result in a decision adverse to the 17 party. 18 (c) The court may enter orders necessary to ensure the safety of the child and 19 of a person ordered to appear under this section. 20 (d) If a party to a child custody proceeding who is outside this state is directed 21 to appear under (b) of this section or desires to appear in person before the court with 22 or without the child, the court may require another party to pay reasonable and 23 necessary travel and other expenses of the party so appearing and of the child. 24 Article 2. Enforcement. 25 Sec. 25.30.400. Enforcement under the Hague Convention. Under 26 AS 25.30.400 - 25.30.590, a court of this state may enforce an order for the return of 27 a child made under the Hague Convention on the Civil Aspects of International Child 28 Abduction as if the order were a child custody determination. 29 Sec. 25.30.410. Duty to enforce. (a) A court of this state shall recognize and 30 enforce a child custody determination of a court of another state if the court of the 31 other state exercised jurisdiction in substantial conformity with this chapter or the

01 determination was made under factual circumstances meeting the jurisdictional 02 standards of this chapter and the determination has not been modified in accordance 03 with this chapter. 04 (b) A court of this state may use a remedy available under other law of this 05 state to enforce a child custody determination made by a court of another state. The 06 procedure provided by AS 25.30.400 - 25.30.590 does not affect the availability of 07 other remedies to enforce a child custody determination. 08 Sec. 25.30.420. Temporary visitation. (a) A court of this state that does not 09 have jurisdiction to modify a child custody determination may issue a temporary order 10 enforcing 11 (1) a visitation schedule made by a court of another state; or 12 (2) the visitation provisions of a child custody determination of another 13 state that does not provide for a specific visitation schedule. 14 (b) If a court of this state makes an order under (a)(2) of this section, it shall 15 specify in the order a period that it considers adequate to allow the petitioner to obtain 16 an order from a court having jurisdiction under the criteria specified in AS 25.30.300 - 17 25.30.390. The order remains in effect until an order is obtained from the other court 18 or the period expires. 19 Sec. 25.30.430. Registration of child custody determination. (a) A child 20 custody determination issued by a court of another state may be registered in this state, 21 with or without a simultaneous request for enforcement, by sending to the appropriate 22 court in this state 23 (1) a letter or other document requesting registration; 24 (2) two copies, including one certified copy, of the determination 25 sought to be registered and a statement, under penalty of perjury, that to the best 26 knowledge and belief of the person seeking registration the order has not been 27 modified; and 28 (3) except as otherwise provided in AS 25.30.380, the name and 29 address of the person seeking registration and the parent or person acting as a parent 30 who has been awarded custody or visitation in the child custody determination sought 31 to be registered.

01 (b) On receipt of the documents required by (a) of this section, the registering 02 court shall 03 (1) cause the determination to be filed as a foreign judgment, together 04 with one copy of any accompanying documents and information, regardless of their 05 form; and 06 (2) serve notice on the persons named under (a)(3) of this section and 07 provide them with an opportunity to contest the registration under this section. 08 (c) The notice required by (b)(2) of this section must state that 09 (1) a registered determination is enforceable as of the date of the 10 registration in the same manner as a determination issued by a court of this state; 11 (2) a hearing to contest the validity of the registered determination 12 must be requested within 20 days after service of notice; and 13 (3) failure to contest the registration will result in confirmation of the 14 child custody determination and preclude further contest of that determination with 15 respect to a matter that could have been asserted. 16 (d) A person seeking to contest the validity of a registered order must request 17 a hearing within 20 days after service of the notice. At that hearing, the court shall 18 confirm the registered order unless the person contesting registration establishes that 19 (1) the issuing court did not have jurisdiction under provisions 20 substantially similar to AS 25.30.300 - 25.30.390; 21 (2) the child custody determination sought to be registered has been 22 vacated, stayed, or modified by a court having jurisdiction to do so under provisions 23 substantially similar to AS 25.30.300 - 25.30.390; or 24 (3) the person contesting registration was entitled to notice, but notice 25 was not given in accordance with provisions substantially similar to AS 25.30.840 in 26 the proceedings before the court that issued the order for which registration is sought. 27 (e) If a timely request for a hearing to contest the validity of the registration 28 is not made, the registration is confirmed as a matter of law, and the person requesting 29 registration and all persons served must be notified of the confirmation. 30 (f) Confirmation of a registered order, whether by operation of law or after 31 notice and hearing, precludes further contest of the order with respect to a matter that

01 could have been asserted at the time of registration. 02 Sec. 25.30.440. Enforcement of registered determination. (a) A court of 03 this state may grant relief normally available under the law of this state to enforce a 04 registered child custody determination made by a court of another state. 05 (b) A court of this state shall recognize and enforce, but may not modify 06 except in accordance with AS 25.30.300 - 25.30.390, a registered child custody 07 determination of a court of another state. 08 Sec. 25.30.450. Simultaneous proceedings. If a proceeding for enforcement 09 under AS 25.30.400 - 25.30.590 is commenced in a court of this state and the court 10 determines that a proceeding to modify the determination is pending in a court of 11 another state having jurisdiction to modify the determination under provisions 12 substantially similar to AS 25.30.400 - 25.30.590, the enforcing court shall 13 immediately communicate with the modifying court. The proceeding for enforcement 14 continues unless the enforcing court, after consultation with the modifying court, stays 15 or dismisses the proceeding. 16 Sec. 25.30.460. Expedited enforcement of child custody determination. (a) 17 A petition under AS 25.30.400 - 25.30.590 must be verified. A certified copy, or a 18 copy of a certified copy, of the orders sought to be enforced and of an order, if any, 19 confirming registration must be attached to the petition. 20 (b) A petition for enforcement of a child custody determination must state 21 (1) whether the court that issued the determination identified the 22 jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was; 23 (2) whether the determination for which enforcement is sought has been 24 vacated, stayed, or modified by a court whose decision must be enforced under this 25 chapter and, if so, must identify the court, the case number, and the nature of the 26 proceeding; 27 (3) whether a proceeding has been commenced that could affect the 28 current proceeding, including proceedings relating to domestic violence, protective 29 orders, termination of parental rights, and adoptions and, if so, must identify the court, 30 the case number, and the nature of the proceeding; 31 (4) the present physical address of the child and the respondent, if

01 known; 02 (5) whether relief in addition to the immediate physical custody of the 03 child and attorneys fees is sought, including a request for assistance from law 04 enforcement officials and, if so, the relief sought; and 05 (6) if the child custody determination has been registered and confirmed 06 under AS 25.30.430, the date and place of registration. 07 (c) On the filing of a petition, the court shall issue an order directing the 08 respondent to appear in person with or without the child at a hearing and may enter 09 an order necessary to ensure the safety of the parties and the child. The hearing must 10 be held on the next judicial day after service of the order unless that date is 11 impossible. In that event, the court shall hold the hearing on the first judicial day 12 possible. The court may extend the date of hearing at the request of the petitioner. 13 (d) An order issued under (c) of this section must state the time and place of 14 the hearing and advise the respondent that, at the hearing, the court will order that the 15 petitioner may take immediate physical custody of the child and the payment of fees, 16 costs, and expenses under AS 25.30.500 and may schedule a hearing to determine 17 whether further relief is appropriate unless the respondent appears and establishes that 18 (1) the child custody determination has not been registered and 19 confirmed under AS 25.30.430, and that 20 (A) the issuing court did not have jurisdiction under provisions 21 substantially similar to AS 25.30.300 - 25.30.390; 22 (B) the child custody determination for which enforcement is 23 sought has been vacated, stayed, or modified by a court having jurisdiction to 24 do so under provisions substantially similar to AS 25.30.300 - 25.30.390; or 25 (C) the respondent was entitled to notice, but notice was not 26 given in accordance with provisions substantially similar to AS 25.30.840 in 27 the proceedings before the court that issued the order for which enforcement 28 is sought; or 29 (2) the child custody determination for which enforcement is sought 30 was registered and confirmed under AS 25.30.430 but has been vacated, stayed, or 31 modified by a court having jurisdiction to do so under provisions substantially similar

01 to AS 25.30.300 - 25.30.390. 02 Sec. 25.30.470. Service of petition and order. Except as otherwise provided 03 in AS 25.30.490, the petition and order shall be served, by a method authorized by the 04 law of this state, on the respondent and a person who has physical custody of the 05 child. 06 Sec. 25.30.480. Hearing and order. (a) Unless the court issues a temporary 07 emergency order under AS 25.30.330, on a finding that a petitioner is entitled to 08 immediate physical custody of the child, the court shall order that the petitioner may 09 take immediate physical custody of the child unless the respondent establishes that 10 (1) the child custody determination has not been registered and 11 confirmed under AS 25.30.430 and that 12 (A) the issuing court did not have jurisdiction under provisions 13 substantially similar to AS 25.30.300 - 25.30.390; 14 (B) the child custody determination for which enforcement is 15 sought has been vacated, stayed, or modified by a court having jurisdiction to 16 do so under AS 25.30.300 - 25.30.390 or provisions substantially similar to 17 AS 25.30.300 - 25.30.390; or 18 (C) the respondent was entitled to notice, but notice was not 19 given in accordance with AS 25.30.840 or provisions substantially similar to 20 AS 25.30.300 - 25.30.390 in the proceedings before the court that issued the 21 order for which enforcement is sought; or 22 (2) the child custody determination for which enforcement is sought 23 was registered and confirmed under AS 25.30.430 but has been vacated, stayed, or 24 modified by a court having jurisdiction to do so under AS 25.30.300 - 25.30.390 or 25 provisions substantially similar to AS 25.30.300 - 25.30.390. 26 (b) The court shall award the fees, costs, and expenses authorized under 27 AS 25.30.500 and may grant additional relief, including a request for the assistance of 28 law enforcement officials, and set a further hearing to determine whether additional 29 relief is appropriate. 30 (c) If a party called to testify refuses to answer on the ground that the 31 testimony may be self-incriminating, the court may draw an adverse inference from the

01 refusal. 02 (d) A privilege against disclosure of communications between spouses and a 03 defense of immunity based on the relationship of husband and wife or parent and child 04 may not be invoked in a proceeding under AS 25.30.400 - 25.30.590. 05 Sec. 25.30.490. Warrant to take physical custody of child. (a) On the filing 06 of a petition seeking enforcement of a child custody determination, the petitioner may 07 file a verified application for the issuance of a warrant to take physical custody of the 08 child if the child is imminently likely either to suffer serious physical harm or to be 09 removed from this state. 10 (b) If the court, on the testimony of the petitioner or other witness, finds that 11 the child is imminently likely to suffer serious physical harm or to be removed from 12 this state, it may issue a warrant to take physical custody of the child. The petition 13 must be heard on the next judicial day after the warrant is executed unless that date 14 is impossible. In that event, the court shall hold the hearing on the first judicial day 15 possible. The application for the warrant must include the statements required for 16 petitions under AS 25.30.460(b). 17 (c) A warrant to take physical custody of a child must 18 (1) recite the facts on which a conclusion of imminent serious physical 19 harm or removal from the state is based; 20 (2) direct law enforcement officers to take physical custody of the child 21 immediately; and 22 (3) provide for the placement of the child pending final relief. 23 (d) The respondent must be served with the petition, warrant, and order 24 immediately after the child is taken into physical custody. 25 (e) A warrant to take physical custody of a child is enforceable throughout this 26 state. If the court finds on the basis of the testimony of the petitioner or other witness 27 that a less intrusive remedy is not effective, it may authorize law enforcement officers 28 to enter private property to take physical custody of the child. If required by exigent 29 circumstances, the court may authorize law enforcement officers to make a forcible 30 entry at any hour. 31 (f) The court may impose conditions on placement of a child to ensure the

01 appearance of the child and the child's custodian. 02 Sec. 25.30.500. Costs, fees, and expenses. (a) To the extent authorized by 03 court rules, the court shall award the prevailing party, including a state, necessary and 04 reasonable expenses incurred by or on behalf of the party, including costs, 05 communication expenses, attorney fees, investigative fees, expenses for witnesses, 06 travel expenses, and child care expenses incurred during the course of the proceedings, 07 unless the party from whom costs, fees, or expenses are sought establishes that the 08 award would be clearly inappropriate. 09 (b) The court may not assess costs, fees, or expenses against a state unless 10 authorized by law other than this chapter or by court rule. 11 Sec. 25.30.510. Recognition and enforcement. A court of this state shall give 12 full faith and credit to an order issued by another state consistent with this chapter if 13 the order enforces a child custody determination by a court of another state unless the 14 order has been vacated, stayed, or modified by a court having jurisdiction to do so 15 under AS 25.30.300 - 25.30.390 or provisions substantially similar to AS 25.30.300 - 16 25.30.390. 17 Sec. 25.30.520. Appeals. An appeal taken from a final order in a proceeding 18 under AS 25.30.400 - 25.30.590 shall be given calendar priority to the extent allowed 19 for other civil appellate cases and shall be handled expeditiously. Unless the court 20 enters a temporary emergency order under AS 25.30.330, the enforcing court may not 21 stay an order enforcing a child custody determination pending appeal. 22 Sec. 25.30.590. Definitions. In AS 25.30.400 - 25.30.590, 23 (1) "petitioner" means a person who seeks enforcement of an order for 24 the return of the child under the Hague Convention on the Civil Aspects of 25 International Child Abduction or enforcement of a child custody determination; 26 (2) "respondent" means a person against whom a proceeding has been 27 commenced for enforcement of an order for the return of the child under the Hague 28 Convention on the Civil Aspects of International Child Abduction or enforcement of 29 a child custody determination. 30 Article 3. Miscellaneous Provisions. 31 Sec. 25.30.800. Proceedings governed by other law. (a) This chapter does

01 not govern an adoption proceeding or a proceeding pertaining to the authorization of 02 emergency medical care for a child. 03 (b) A child custody proceeding that pertains to an Indian child as defined in 04 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) is not subject to this chapter to the 05 extent that it is governed by 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act). 06  Sec. 25.30.810. International application of chapter. (a) A court of this 07 state shall treat a foreign country as if it were a state of the United States for the 08 purpose of applying AS 25.30.400 - 25.30.590. 09 (b) Except as provided in (c) of this section, a child custody determination 10 made in a foreign country under factual circumstances in substantial conformity with 11 the jurisdictional standards of this chapter shall be recognized and enforced under 12 AS 25.30.400 - 25.30.590. 13 (c) A court of this state is not required to apply this chapter to a child custody 14 determination made in a foreign country when the child custody law of the other 15 country violates fundamental principles of human rights. 16 Sec. 25.30.820. Effect of child custody determination. A child custody 17 determination made by a court of this state that had jurisdiction under this chapter 18 binds all persons who have been served notice under Rule 4, Alaska Rules of Civil 19 Procedure, who have been notified under AS 25.30.840, or who have submitted to the 20 jurisdiction of the court, and who have been given an opportunity to be heard. As to 21 those persons, the determination is conclusive as to all decided issues of law and fact 22 except to the extent the determination is modified. 23 Sec. 25.30.830. Priority. If a question of existence or exercise of jurisdiction 24 under this chapter is raised in a child custody proceeding, the question, on request of 25 a party, shall be given priority on the calendar and handled expeditiously. 26 Sec. 25.30.840. Notice to persons outside the state. (a) Notice required for 27 the exercise of jurisdiction when a person is outside this state may be given under Rule 28 4, Alaska Rules of Civil Procedure, or in a manner prescribed by the law of the state 29 in which the service is made. Notice shall be given in a manner reasonably calculated 30 to give actual notice but may be by publication if other means are not effective. 31 (b) Proof of service may be made under Rule 4, Alaska Rules of Civil

01 Procedure, or in the manner prescribed by the law of the state in which the service is 02 made. 03 (c) Notice is not required for the exercise of jurisdiction with respect to a 04 person who submits to the jurisdiction of the court. 05 Sec. 25.30.850. Appearance and limited immunity. (a) A party to a child 06 custody proceeding, including a modification proceeding, or a petitioner or respondent 07 in a proceeding to enforce or register a child custody determination is not subject to 08 personal jurisdiction in this state for another proceeding or purpose solely because of 09 having participated, or having been physically present for the purpose of participating, 10 in the proceeding. 11 (b) A party who is subject to personal jurisdiction in this state on a basis other 12 than physical presence is not immune from service of process in this state. A party 13 present in the state who is subject to the jurisdiction of another state is not immune 14 from service of process allowable under the laws of that state. 15 (c) The immunity granted by (a) of this section does not extend to civil 16 litigation based on acts unrelated to the participation in a proceeding under this chapter 17 committed by an individual while present in this state. 18 Sec. 25.30.860. Communication between courts. (a) A court of this state 19 may communicate with a court in another state concerning a proceeding arising under 20 this chapter. 21 (b) The court may allow the parties to participate in the communication. If 22 the parties are not able to participate in the communication, they shall be given the 23 opportunity to present facts and legal arguments before a decision on jurisdiction is 24 made. 25 (c) Communication between courts on schedules, calendars, court records, and 26 similar matters may occur without informing the parties, and a record need not be 27 made of the communication. 28 (d) Except as provided in (c) of this section, a record shall be made of a 29 communication under this section. The parties must be informed promptly of the 30 communication and granted access to the record. 31 (e) In this section, "record" means information that is inscribed on a tangible

01 medium or that is stored in an electronic or other medium and is retrievable in 02 perceivable form. 03  Sec. 25.30.870. Taking testimony in another state. (a) In addition to other 04 procedures available to a party, a party to a child custody proceeding may offer 05 testimony of witnesses who are located in another state, including testimony of the 06 parties and the child, by deposition or other means allowable in this state for testimony 07 taken in another state. The court on its own motion may order that the testimony of 08 a person be taken in another state and may prescribe the manner in which and the 09 terms on which the testimony is taken. 10 (b) A court of this state may permit an individual residing in another state to 11 be deposed or to testify by telephone, audiovisual means, or other electronic means 12 before a designated court or at another location in that state. A court of this state shall 13 cooperate with courts of other states in designating an appropriate location for the 14 deposition or testimony. 15 (c) Documentary evidence transmitted from another state to a court of this 16 state by technological means that do not produce an original writing may not be 17 excluded from evidence on an objection based on the means of transmission. 18 Sec. 25.30.880. Cooperation between courts; preservation of records. (a) 19 A court of this state may request the appropriate court of another state to 20 (1) hold an evidentiary hearing; 21 (2) order a person to produce or give evidence under procedures of that 22 state; 23 (3) order that an evaluation be made with respect to the custody of a 24 child involved in a pending proceeding; 25 (4) forward to the court of this state a certified copy of the transcript 26 of the record of the hearing, the evidence otherwise presented, and any evaluation 27 prepared in compliance with the request; and 28 (5) order a party to a child custody proceeding or a person having 29 physical custody of the child to appear in the proceeding with or without the child. 30 (b) On request of a court of another state, a court of this state may hold a 31 hearing or enter an order described in (a) of this section.

01 (c) Travel and other necessary and reasonable expenses incurred under (a) and 02 (b) of this section may be assessed against the parties according to the law of this 03 state. 04 (d) A court of this state shall preserve the pleadings, orders, decrees, records 05 of hearings, evaluations, and other pertinent records with respect to a child custody 06 proceeding until the child attains 18 years of age. On appropriate request by a court 07 or law enforcement official of another state, the court shall forward a certified copy 08 of these records. 09 Article 4. General Provisions. 10 Sec. 25.30.901. Application and construction. In applying and construing 11 this chapter, consideration shall be given to the need to promote uniformity of the law 12 with respect to its subject matter among states that enact laws substantially similar. 13 Sec. 25.30.903. Severability clause. If a provision of this chapter or its 14 application to a person or circumstance is held invalid, the invalidity does not affect 15 other provisions or applications of this chapter that can be given effect without the 16 invalid provision or application, and, to this end, the provisions of this chapter are 17 severable. 18 Sec. 25.30.909. Definitions. In this chapter, 19 (1) "abandoned" means left without provision for reasonable and 20 necessary care or supervision; 21 (2) "child" means an individual who has not attained 18 years of age; 22 (3) "child custody determination" means a judgment, decree, or other 23 order of a court providing for the legal custody, physical custody, or visitation with 24 respect to a child, including a permanent, temporary, initial, and modification order, 25 except that the term does not include an order relating to child support or other 26 monetary obligation of an individual; 27 (4) "child custody proceeding" means a proceeding in which legal 28 custody, physical custody, or visitation with respect to a child is an issue, including 29 a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, 30 paternity, termination of parental rights, and protection from domestic violence in 31 which the issue may appear, except that the term does not include a proceeding

01 involving juvenile delinquency, contractual emancipation, or enforcement under 02 AS 25.30.400 - 25.30.590 or provisions substantially similar to AS 25.30.400 - 03 25.30.590; 04 (5) "commencement" means the filing of the first pleading in a 05 proceeding; 06 (6) "court" means an entity authorized under the law of a state to 07 establish, enforce, or modify a child custody determination; 08 (7) "home state" means the state in which a child lived with a parent 09 or a person acting as a parent for at least six consecutive months, including any 10 temporary absences of the child or parent or person acting as a parent, immediately 11 before the commencement of a child custody proceeding, except that, in the case of 12 a child who is less than six months of age, the term means the state in which the child 13 lived from birth with any of the persons mentioned, including any temporary absences; 14 (8) "initial determination" means the first child custody determination 15 concerning a particular child; 16 (9) "issuing court" means the court that makes a child custody 17 determination for which enforcement is sought under this chapter; 18 (10) "issuing state" means the state in which a child custody 19 determination is made; 20 (11) "modification" means a child custody determination that changes, 21 replaces, supersedes, or is otherwise made after a previous determination concerning 22 the same child, whether or not it is made by the court that made the previous 23 determination; 24 (12) "person" means a natural person, a corporation, a business trust, 25 an estate, a trust, a partnership, a limited liability company, an association, a joint 26 venture, a government or a governmental subdivision, an agency, an instrumentality, 27 a public corporation, or any other legal or commercial entity; 28 (13) "person acting as a parent" means a person, other than a parent, 29 who 30 (A) has physical custody of a child or has had physical custody 31 for a period of six consecutive months, including temporary absence, within

01 one year immediately before the commencement of a child custody proceeding; 02 and 03 (B) has been awarded legal custody by a court or claims a right 04 to legal custody under the law of this state; 05 (14) "physical custody" means the physical care and supervision of a 06 child; 07 (15) "state" means a state of the United States, the District of 08 Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular 09 possession subject to the jurisdiction of the United States; 10 (16) "warrant" means an order issued by a court authorizing law 11 enforcement officers to take physical custody of a child. 12 * Sec. 3. AS 25.30.910 is amended to read: 13  Sec. 25.30.910. Short title. This chapter may be cited as the Uniform Child 14 Custody Jurisdiction and Enforcement Act. 15 * Sec. 4. AS 25.30.010, 25.30.020, 25.30.030, 25.30.040, 25.30.050, 25.30.060, 25.30.070, 16 25.30.080, 25.30.090, 25.30.100, 25.30.110, 25.30.120, 25.30.130, 25.30.140, 25.30.150, 17 25.30.160, 25.30.170, 25.30.180, 25.30.190, 25.30.200, 25.30.210, 25.30.220, 25.30.230, and 18 25.30.900 are repealed. 19 * Sec. 5. COURT RULE CHANGE; SERVICE. (a) To the extent that AS 25.30.840, 20 enacted by sec. 2 of this Act, allows service and proof of service to be given in a manner 21 prescribed by the law of another state, this Act has the effect of amending Rule 4, Alaska 22 Rules of Civil Procedure. 23 (b) The provisions of AS 25.30.840, enacted by sec. 2 of this Act, that allow service 24 and proof of service to be given in a manner prescribed by the law of another state take effect 25 only if (a) of this section receives the two-thirds majority vote of each house required by art. 26 IV, sec. 15, Constitution of the State of Alaska. 27 * Sec. 6. COURT RULE CHANGE; STAYS. (a) The second sentence of AS 25.30.520, 28 enacted by sec. 2 of this Act, has the effect of amending Rule 62, Alaska Rules of Civil 29 Procedure, and Rule 205, Alaska Rules of Appellate Procedure, by prohibiting a court from 30 granting a stay, pending appeal, under certain circumstances. 31 (b) The second sentence of AS 25.20.520, enacted by sec. 2 of this Act, takes effect

01 only if (a) of this section receives the two-thirds majority vote of each house required by art. 02 IV, sec. 15, Constitution of the State of Alaska. 03 * Sec. 7. APPLICABILITY. A motion or other request for relief that was made before the 04 effective date of this Act is governed by the law in effect at the time the motion or other 05 request was made if the motion or other request was made in a child custody proceeding or 06 to enforce a child custody determination.