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For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540. 7 GCA, Chapter 39 UNIFORM
CHILD-CUSTODY
JURISDICTION AND ENFORCEMENT ACT ARTICLE
1 -
GENERAL
PROVISIONS SECTION 39103.
PROCEEDINGS
GOVERNED
BY
OTHER
LAW. SECTION 39104.
APPLICATION
TO
INDIAN
TRIBES. SECTION 39105.
INTERNATIONAL
APPLICATION
OF
ACT SECTION 39106.
EFFECT
OF
CHILD-CUSTODY
DETERMINATION.
SECTION 39108.
NOTICE
TO SECTION 39109.
APPEARANCE
AND
LIMITED
IMMUNITY. SECTION 39110.
COMMUNICATION
BETWEEN
COURTS. SECTION 39111.
TAKING
TESTIMONY
IN
ANOTHER
STATE. SECTION 39112. COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS. ARTICLE
2 -
JURISDICTION SECTION 39201.
INITIAL
CHILD-CUSTODY
JURISDICTION. SECTION 39202.
EXCLUSIVE,
CONTINUING
JURISDICTION. SECTION 39203.
JURISDICTION
TO
MODIFY
DETERMINATION.
SECTION 39204.
TEMPORARY
EMERGENCY
JURISDICTION. SECTION 39205.
NOTICE;
SECTION 39206.
SIMULTANEOUS
PROCEEDINGS. SECTION 39207.
INCONVENIENT
FORUM. SECTION 39208.
JURISDICTION
DECLINED
BY
REASON
OF
CONDUCT. SECTION 39209.
INFORMATION
TO BE
SUBMITTED
TO
COURT. SECTION 39210. APPEARANCE OF PARTIES AND CHILD. ARTICLE
3 -
ENFORCEMENT SECTION 39302.
ENFORCEMENT
UNDER
HAGUE
CONVENTION.
SECTION 39303.
DUTY
TO
ENFORCE. SECTION 39304.
TEMPORARY
VISITATION. SECTION 39305.
REGISTRATION
OF
CHILD-CUSTODY
DETERMINATION. SECTION 39306.
ENFORCEMENT
OF
REGISTERED
DETERMINATION. SECTION 39307.
SIMULTANEOUS
PROCEEDINGS.
SECTION 39308.
EXPEDITED
ENFORCEMENT
OF
CHILD-CUSTODY
DETERMINATION. SECTION 39309.
SERVICE
OF
PETITION
AND
ORDER.
SECTION 39310.
HEARING
AND
ORDER. SECTION 39311.
WARRANT
TO
TAKE
PHYSICAL
CUSTODY
OF
CHILD. SECTION 39312.
COSTS,
FEES,
AND
EXPENSES. SECTION 39313.
RECOGNITION
AND
ENFORCEMENT.
SECTION 39315.
ROLE
OF
PROSECUTOR
OR
ATTORNEY
GENERAL. SECTION 39316.
ROLE
OF
LAW
ENFORCEMENT.
SECTION 39317. COSTS AND EXPENSES. ARTICLE
4 -
MISCELLANEOUS
PROVISIONS SECTION 39401.
APPLICATION
AND
CONSTRUCTION.
SECTION 39402.
SEVERABILITY
CLAUSE.
SECTION 39403. TRANSITIONAL PROVISION. ARTICLE
1 GENERAL
PROVISIONS SECTION 39101.
SHORT
TITLE.
This
Act
may
be
cited
as
the
Uniform
Child-Custody
Jurisdiction
and
Enforcement
Act. SECTION 39102.
DEFINITIONS.
In
this
Act: (1)
"Abandoned"
means
left
without
provision
for
reasonable
and
necessary
care
or
supervision. (2)
"Child"
means
an
individual
who
has
not
attained
18
years
of
age. (3)
"Child-custody
determination"
means
a
judgment,
decree,
or
other
order
of a
court
providing
for
the
legal
custody,
physical
custody,
or
visitation
with
respect
to a
child.
The
term
includes
a
permanent,
temporary,
initial,
and
modification
order.
The
term
does
not
include
an
order
relating
to
child
support
or
other
monetary
obligation
of an
individual. (4)
"Child-custody
proceeding"
means
a
proceeding
in
which
legal
custody,
physical
custody,
or
visitation
with
respect
to a
child
is an
issue.
The
term
includes
a
proceeding
for
divorce,
separation,
neglect,
abuse,
dependency,
guardianship,
paternity,
termination
of
parental
rights,
and
protection
from
domestic
violence,
in
which
the
issue
may
appear.
The
term
does
not
include
a
proceeding
involving
juvenile
delinquency,
contractual
emancipation,
or
enforcement
under
Article
3. (5)
"Commencement"
means
the
filing
of
the
first
pleading
in a
proceeding. (6)
"Court"
means
an
entity
authorized
under
the
law
of a
State
or
Territory
to
establish,
enforce,
or
modify
a
child-custody
determination. (7)
" (8)
"Initial
determination"
means
the
first
child-custody
determination
concerning
a
particular
child. (9)
"Issuing
court"
means
the
court
that
makes
a
child-custody
determination
for
which
enforcement
is
sought
under
this
Act. (10)
" (11)
"Modification"
means
a
child-custody
determination
that
changes,
replaces,
supersedes,
or is
otherwise
made
after
a
previous
determination
concerning
the
same
child,
whether
or
not
it is
made
by
the
court
that
made
the
previous
determination. (12)
"Person"
means
an
individual,
corporation,
business
trust,
estate,
trust,
partnership,
limited
liability
company,
association,
joint
venture,
government;
governmental
subdivision,
agency,
or
instrumentality;
public
corporation;
or
any
other
legal
or
commercial
entity. (13)
"Person
acting
as a
parent"
means
a
person,
other
than
a
parent,
who: (A)
has
physical
custody
of
the
child
or
has
had
physical
custody
for a
period
of
six
consecutive
months,
including
any
temporary
absence,
within
one
year
immediately
before
the
commencement
of a
child-custody
proceeding;
and (B)
has
been
awarded
legal
custody
by a
court
or
claims
a
right
to
legal
custody
under
the
law
of
this
Territory. (14)
"physical
custody"
means
the
physical
care
and
supervision
of a
child. (15)
"State"
means
a
State
of
the (17)
"Warrant"
means
an
order
issued
by a
court
authorizing
law
enforcement
officers
to
take
physical
custody
of a
child. SECTION 39103.
PROCEEDINGS
GOVERNED
BY
OTHER
LAW.
This
Act
does
not
govern
an
adoption
proceeding
or a
proceeding
pertaining
to
the
authorization
of
emergency
medical
care
for a
child. SECTION 39104.
APPLICATION
TO
INDIAN
TRIBES.
A
child-custody
proceeding
that
pertains
to an
Indian
child
as
defined
in
the
Indian
Child
Welfare
Act,
25
U.S.C.
§
1901
et
seq.,
is
not
subject
to
this
Act
to
the
extent
that
it is
governed
by
the
Indian
Child
Welfare
Act. SECTION 39105.
INTERNATIONAL
APPLICATION
OF
ACT (a)
The
Superior
Court
of (b)
Except
as
otherwise
provided
in
subsection
(c),
a
child-custody
determination
made
in a
foreign
country
under
factual
circumstances
in
substantial
conformity
with
the
jurisdictional
standards
of
this
Act
must
be
recognized
and
enforced
under
Article
3. (c)
The
Superior
Court
of SECTION 39106.
EFFECT
OF
CHILD-CUSTODY
DETERMINATION.
A
child-custody
determination
made
by a
court
of
this
Territory
that
had
jurisdiction
under
this
Act
binds
all
persons
who
have
been
served
in
accordance
with
the
laws
of
this
Territory
or
notified
in
accordance
with Section 39108
or
who
have
submitted
to
the
jurisdiction
of
the
court,
and
who
have
been
given
an
opportunity
to be
heard.
As to
those
persons,
the
determination
is
conclusive
as to
all
decided
issues
of
law
and
fact
except
to
the
extent
the
determination
is
modified. SECTION 39107.
PRIORITY.
If
a
question
of
existence
or
exercise
of
jurisdiction
under
this
Act
is
raised
in a
child-custody
proceeding,
the
question,
upon
request
of a
party,
must
be
given
priority
on
the
calendar
and
handled
expeditiously. SECTION 39108.
NOTICE
TO (b)
Proof
of
service
may
be
made
in
the
manner
prescribed
by
the
law
of
this
Territory
or by
the
law
of
the
State
in
which
the
service
is
made. (c)
Notice
is
not
required
for
the
exercise
of
jurisdiction
with
respect
to a
person
who
submits
to
the
jurisdiction
of
the
court. SECTION 39109.
APPEARANCE
AND
LIMITED
IMMUNITY.
(a)
A
party
to a
child-custody
proceeding,
including
a
modification
proceeding,
or a
petitioner
or
respondent
in a
proceeding
to
enforce
or
register
a
child-custody
determination,
is
not
subject
to
personal
jurisdiction
in
this
Territory
for
another
proceeding
or
purpose
solely
by
reason
of
having
participated,
or of
having
been
physically
present
for
the
purpose
of
participating,
in
the
proceeding. (b)
A
person
who
is
subject
to
personal
jurisdiction
in
this
Territory
on a
basis
other
than
physical
presence
is
not
immune
from
service
of
process
in
this
Territory.
A
party
present
in
this
Territory
who
is
subject
to
the
jurisdiction
of
another
State
is
not
immune
from
service
of
process
allowable
under
the
laws
of
that
State. (c)
The
immunity
granted
by
subsection
(a)
does
not
extend
to
civil
litigation
based
on
acts
unrelated
to
the
participation
in a
proceeding
under
this
Act
committed
by an
individual
while
present
in
this
Territory. SECTION 39110.
COMMUNICATION
BETWEEN
COURTS.
(a)
A
court
of
this
Territory
may
communicate
with
a
court
in
another
State
concerning
a
proceeding
arising
under
this
Act. (b)
The
court
may
allow
the
parties
to
participate
in
the
communication.
If
the
parties
are
not
able
to
participate
in
the
communication,
they
must
be
given
the
opportunity
to
present
facts
and
legal
arguments
before
a
decision
on
jurisdiction
is
made. (c)
Communication
between
courts
on
schedules,
calendars,
court
records,
and
similar
matters
may
occur
without
informing
the
parties.
A
record
need
not
be
made
of
the
communication. (d)
Except
as
otherwise
provided
in
subsection
(c),
a
record
must
be
made
of a
communication
under
this
section.
The
parties
must
be
informed
promptly
of
the
communication
and
granted
access
to
the
record.
(e)
For
the
purposes
of
this
section,
"record"
means
information
that
is
inscribed
on a
tangible
medium
or
that
is
stored
in an
electronic
or
other
medium
and
is
retrievable
in
perceivable
form. SECTION 39111.
TAKING
TESTIMONY
IN
ANOTHER
STATE.
(a)
In
addition
to
other
procedures
available
to a
party,
a
party
to a
child-custody
proceeding
may
offer
testimony
of
witnesses
who
are
located
in
another
State,
including
testimony
of
the
parties
and
the
child,
by
deposition
or
other
means
allowable
in
this
Territory
for
testimony
taken
in
another
State.
The
court
on
its
own
motion
may
order
that
the
testimony
of a
person
be
taken
in
another
State
and
may
prescribe
the
manner
in
which
and
the
terms
upon
which
the
testimony
is
taken. (b)
A
court
of
this
Territory
may
permit
an
individual
residing
in
another
State
to be
deposed
or to
testify
by
telephone,
audiovisual
means,
or
other
electronic
means
before
a
designated
court
or at
another
location
in
that
State.
A
court
of
this
Territory
shall
cooperate
with
courts
of
other
States
in
designating
an
appropriate
location
for
the
deposition
or
testimony. (c)
Documentary
evidence
transmitted
from
another
State
to a
court
of
this
Territory
by
technological
means
that
do
not
produce
an
original
writing
may
not
be
excluded
from
evidence
on an
objection
based
on
the
means
of
transmission. SECTION 39112.
COOPERATION
BETWEEN
COURTS;
PRESERVATION
OF
RECORDS.
(a) A
court
of
this
Territory
may
request
the
appropriate
court
of
another
State
to: (1)
hold
an
evidentiary
hearing; (2)
order
a
person
to
produce
or
give
evidence
pursuant
to
procedures
of
that
State; (3)
order
that
an
evaluation
be
made
with
respect
to
the
custody
of a
child
involved
in a
pending
proceeding; (4)
forward
to
the
court
of
this
Territory
a
certified
copy
of
the
transcript
of
the
record
of
the
hearing,
the
evidence
otherwise
presented,
and
any
evaluation
prepared
in
compliance
with
the
request;
and (5)
order
a
party
to a
child-custody
proceeding
or
any
person
having
physical
custody
of
the
child
to
appear
in
the
proceeding
with
or
without
the
child. (b)
Upon
request
of a
court
of
another
State,
a
court
of
this
Territory
may
hold
a
hearing
or
enter
an
order
described
in
subsection
(a). (c)
Travel
and
other
necessary
and
reasonable
expenses
incurred
under
subsections
(a)
and
(b)
may
be
assessed
against
the
parties
according
to
the
law
of
this
Territory. (d)
The
Superior
Court
of
Guam
shall
preserve
the
pleadings,
orders,
decrees,
records
of
hearings,
evaluations,
and
other
pertinent
records
with
respect
to a
child-custody
proceeding
until
the
child
attains
18
years
of
age.
Upon
appropriate
request
by a
court
or
law
enforcement
official
of
another
State,
the
court
shall
forward
a
certified
copy
of
those
records. ARTICLE
2 JURISDICTION SECTION 39201.
INITIAL
CHILD-CUSTODY
JURISDICTION.
(a)
Except
as
otherwise
provided
in Section 39204,
the
Superior
Court
of
Guam
has
jurisdiction
to
make
an
initial
child-custody
determination
only
if: (1)
this
Territory
is
the
home
State
of
the
child
on
the
date
of
the
commencement
of
the
proceeding,
or
was
the
home
State
of
the
child
within
six
months
before
the
commencement
of
the
proceeding
and
the
child
is
absent
from
this
Territory
but a
parent
or
person
acting
as a
parent
continues
to
live
in
this
Territory; (2)
a
court
of
another
State
does
not
have
jurisdiction
under
paragraph
(1),
or a
court
of
the
home
State
of
the
child
has
declined
to
exercise
jurisdiction
on
the
ground
that
this
Territory
is
the
more
appropriate
forum
under Section 39207
or
208,
and: (A)
the
child
and
the
child's
parents,
or
the
child
and
at
least
one
parent
or a
person
acting
as a
parent,
have
a
significant
connection
with
this
Territory
other
than
mere
physical
presence;
and (B)
substantial
evidence
is
available
in
this
Territory
concerning
the
child's
care,
protection,
training,
and
personal
relationships; (3)
all
courts
having
jurisdiction
under
paragraph
(1)
or
(2)
have
declined
to
exercise
jurisdiction
on
the
ground
that
the
Superior
Court
of
Guam
is
the
more
appropriate
forum
to
determine
the
custody
of
the
child
under Section 39207
or
208;
or (4)
no
court
of
any
other
State
would
have
jurisdiction
under
the
criteria
specified
in
paragraph
(1),
(2),
or
(3). (b)
Subsection
(a)
is
the
exclusive
jurisdictional
basis
for
making
a
child-custody
determination
by
the
Superior
Court
of
Guam. (c)
Physical
presence
of,
or
personal
jurisdiction
over,
a
party
or a
child
is
not
necessary
or
sufficient
to
make
a
child-custody
determination. SECTION 39202.
EXCLUSIVE,
CONTINUING
JURISDICTION.
(a)
Except
as
otherwise
provided
in Section 39204,
a
court
of
this
Territory
which
has
made
a
child-custody
determination
consistent
with Section 39201
or
203
has
exclusive,
continuing
jurisdiction
over
the
determination
until: (1)
a
court
of
this
Territory
determines
that
neither
the
child,
the
child's
parents,
and
any
person
acting
as a
parent
do
not
have
a
significant
connection
with
this
Territory
and
that
substantial
evidence
is no
longer
available
in
this
Territory
concerning
the
child's
care,
protection,
training,
and
personal
relationships;
or (2)
a
court
of
this
Territory
or a
court
of
another
State
determines
that
the
child,
the
child's
parents,
and
any
person
acting
as a
parent
do
not
presently
reside
in
this
Territory. (b)
A
court
of
this
Territory
which
has
made
a
child-custody
determination
and
does
not
have
exclusive,
continuing
jurisdiction
under
this
section
may
modify
that
determination
only
if it
has
jurisdiction
to
make
an
initial
determination
under Section 39201. SECTION 39203.
JURISDICTION
TO
MODIFY
DETERMINATION.
Except
as
otherwise
provided
in Section 39204,
the
Superior
Court
of
Guam
may
not
modify
a
child-custody
determination
made
by a
court
of
another
State
unless
the
Superior
Court
of
Guam
has
jurisdiction
to
make
an
initial
determination
under Section 39201(a)(1)
or
(2)
and: (1)
the
court
of
the
other
State
determines
it no
longer
has
exclusive,
continuing
jurisdiction
under Section 39202
or
that
the
Superior
Court
of
Guam
would
be a
more
convenient
forum
under Section 39207;
or (2)
the
Superior
Court
of SECTION 39204.
TEMPORARY
EMERGENCY
JURISDICTION.
(a)
The
Superior
Court
of (b)
If
there
is no
previous
child-custody
determination
that
is
entitled
to be
enforced
under
this
Act
and a
child-custody
proceeding
has
not
been
commenced
in a
court
of a
State
having
jurisdiction
under
Sections
201
through
203,
a
child-custody
determination
made
under
this
section
remains
in
effect
until
an
order
is
obtained
from
a
court
of a
State
having
jurisdiction
under
Sections
201
through
203.
If a
child-custody
proceeding
has
not
been
or is
not
commenced
in a
court
of a
State
having
jurisdiction
under
Sections
201
through
203,
a
child-custody
determination
made
under
this
section
becomes
a
final
determination,
if it
so
provides
and
this
Territory
becomes
the
home
State
of
the
child. (c)
If
there
is a
previous
child-custody
determination
that
is
entitled
to be
enforced
under
this
Act,
or a
child-custody
proceeding
has
been
commenced
in a
court
of a
State
having
jurisdiction
under
Sections
201
through
203,
any
order
issued
by a
court
of
this
Territory
under
this
section
must
specify
in
the
order
a
period
that
the
court
considers
adequate
to
allow
the
person
seeking
an
order
to
obtain
an
order
from
the
State
having
jurisdiction
under
Sections
201
through
203.
The
order
issued
in
this
Territory
remains
in
effect
until
an
order
is
obtained
from
the
other
State
within
the
period
specified
or
the
period
expires. (d)
A
court
of
this
Territory
which
has
been
asked
to
make
a
child-custody
determination
under
this
section,
upon
being
informed
that
a
child-custody
proceeding
has
been
commenced
in,
or a
child-custody
determination
has
been
made
by, a
court
of a
State
having
jurisdiction
under
Sections
201
through
203,
shall
immediately
communicate
with
the
other
court.
A
court
of
this
Territory
which
is
exercising
jurisdiction
pursuant
to
Sections
201
through
203,
upon
being
informed
that
a
child-custody
proceeding
has
been
commenced
in,
or a
child-custody
determination
has
been
made
by, a
court
of
another
State
under
a
statute
similar
to
this
section
shall
immediately
communicate
with
the
court
of
that
State
to
resolve
the
emergency,
protect
the
safety
of
the
parties
and
the
child,
and
determine
a
period
for
the
duration
of
the
temporary
order. SECTION 39205.
NOTICE;
(b)
This
Act
does
not
govern
the
enforceability
of a
child-custody
determination
made
without
notice
or an
opportunity
to be
heard. (c)
The
obligation
to
join
a
party
and
the
right
to
intervene
as a
party
in a
child-custody
proceeding
under
this
Act
are
governed
by
the
law
of
this
Territory
as in
child-custody
proceedings
between
residents
of
this
Territory. SECTION 39206.
SIMULTANEOUS
PROCEEDINGS.
(a)
Except
as
otherwise
provided
in Section 39204,
the
Superior
Court
of
Guam
may
not
exercise
its
jurisdiction
under
this
Article
if,
at
the
time
of
the
commencement
of
the
proceeding,
a
proceeding
concerning
the
custody
of
the
child
has
been
commenced
in a
court
of
another
State
having
jurisdiction
substantially
in
conformity
with
this
Act,
unless
the
proceeding
has
been
terminated
or is
stayed
by
the
court
of
the
other
State
because
the
Superior
Court
of
Guam
is a
more
convenient
forum
under Section 39207. (b)
Except
as
otherwise
provided
in Section 39204,
the
Superior
Court
of
Guam,
before
hearing
a
child-custody
proceeding,
shall
examine
the
court
documents
and
other
information
supplied
by
the
parties
pursuant
to Section 39209.
If
the
court
determines
that
a
child-custody
proceeding
has
been
commenced
in a
court
in
another
State
having
jurisdiction
substantially
in
accordance
with
this
Act,
the
court
of
this
Territory
shall
stay
its
proceeding
and
communicate
with
the
court
of
the
other
State.
If
the
court
of
the
State
having
jurisdiction
substantially
in
accordance
with
this
Act
does
not
determine
that
the
court
of
this
Territory
is a
more
appropriate
forum,
the
court
of
this
Territory
shall
dismiss
the
proceeding. (c)
In a
proceeding
to
modify
a
child-custody
determination,
the
Superior
Court
of
Guam
shall
determine
whether
a
proceeding
to
enforce
the
determination
has
been
commenced
in
another
State.
If a
proceeding
to
enforce
a
child-custody
determination
has
been
commenced
in
another
State,
the
court
may: (1)
stay
the
proceeding
for
modification
pending
the
entry
of an
order
of a
court
of
the
other
State
enforcing,
staying,
denying,
or
dismissing
the
proceeding
for
enforcement; (2)
enjoin
the
parties
from
continuing
with
the
proceeding
for
enforcement;
or (3)
proceed
with
the
modification
under
conditions
it
considers
appropriate. SECTION 39207.
INCONVENIENT
FORUM.
(a)
The
Superior
Court
of (b)
Before
determining
whether
it is
an
inconvenient
forum,
the
Superior
Court
of
Guam
shall
consider
whether
it is
appropriate
for a
court
of
another
State
to
exercise
jurisdiction.
For
this
purpose,
the
court
shall
allow
the
parties
to
submit
information
and
shall
consider
all
relevant
factors,
including: (1)
whether
domestic
violence
has
occurred
and
is
likely
to
continue
in
the
future
and
which
State
could
best
protect
the
parties
and
the
child; (2)
the
length
of
time
the
child
has
resided
outside
this
Territory; (3)
the
distance
between
the
court
in
this
Territory
and
the
court
in
the
State
that
would
assume
jurisdiction; (4)
the
relative
financial
circumstances
of
the
parties; (5)
any
agreement
of
the
parties
as to
which
State
should
assume
jurisdiction; (6)
the
nature
and
location
of
the
evidence
required
to
resolve
the
pending
litigation,
including
testimony
of
the
child; (7)
the
ability
of
the
court
of
each
State
to
decide
the
issue
expeditiously
and
the
procedures
necessary
to
present
the
evidence;
and (8)
the
familiarity
of
the
court
of
each
State
with
the
facts
and
issues
in
the
pending
litigation. (c)
If
the
Superior
Court
of
Guam
determines
that
it is
an
inconvenient
forum
and
that
a
court
of
another
State
is a
more
appropriate
forum,
it
shall
stay
the
proceedings
upon
condition
that
a
child-custody
proceeding
be
promptly
commenced
in
another
designated
State
and
may
impose
any
other
condition
the
court
considers
just
and
proper. (d)
The
Superior
Court
of SECTION 39208.
JURISDICTION
DECLINED
BY
REASON
OF
CONDUCT.
(a)
Except
as
otherwise
provided
in Section 39204
or by
other
law
of
this
Territory,
if
the
Superior
Court
of
Guam
has
jurisdiction
under
this
Act
because
a
person
seeking
to
invoke
its
jurisdiction
has
engaged
in
unjustifiable
conduct,
the
court
shall
decline
to
exercise
its
jurisdiction
unless: (1)
the
parents
and
all
persons
acting
as
parents
have
acquiesced
in
the
exercise
of
jurisdiction; (2)
a
court
of
the
State
otherwise
having
jurisdiction
under
Sections
201
through
203
determines
that
this
Territory
is a
more
appropriate
forum
under Section 39207;
or (3)
no
court
of
any
other
State
would
have
jurisdiction
under
the
criteria
specified
in
Sections
201
through
203. (b)
If
the
Superior
Court
of
Guam
declines
to
exercise
its
jurisdiction
pursuant
to
subsection
(a),
it
may
fashion
an
appropriate
remedy
to
ensure
the
safety
of
the
child
and
prevent
a
repetition
of
the
unjustifiable
conduct,
including
staying
the
proceeding
until
a
child-custody
proceeding
is
commenced
in a
court
having
jurisdiction
under
Sections
201
through
203. (c)
If a
court
dismisses
a
petition
or
stays
a
proceeding
because
it
declines
to
exercise
its
jurisdiction
pursuant
to
subsection
(a),
it
shall
assess
against
the
party
seeking
to
invoke
its
jurisdiction
necessary
and
reasonable
expenses
including
costs,
communication
expenses,
attorney's
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
assessment
would
be
clearly
inappropriate.
The
court
may
not
assess
fees,
costs,
or
expenses
against
this
Territory
unless
authorized
by
law
other
than
this
Act. SECTION 39209.
INFORMATION
TO BE
SUBMITTED
TO
COURT. (a)
Subject
to
any
existing
law
of
this
territory
providing
for
the
confidentiality
of
procedures,
addresses,
and
other
identifying
information,
in a
child-custody
proceeding,
each
party,
in
its
first
pleading
or in
an
attached
affidavit,
shall
give
information,
if
reasonably
ascertainable,
under
oath
as to
the
child's
present
address
or
whereabouts,
the
places
where
the
child
has
lived
during
the
last
five
years,
and
the
names
and
present
addresses
of
the
persons
with
whom
the
child
has
lived
during
that
period.
The
pleading
or
affidavit
must
state
whether
the
party: (1)
has
participated,
as a
party
or
witness
or in
any
other
capacity,
in
any
other
proceeding
concerning
the
custody
of or
visitation
with
the
child
and,
if
so,
identify
the
court,
the
case
number,
and
the
date
of
the
child-custody
determination,
if
any; (2)
knows
of
any
proceeding
that
could
affect
the
current
proceeding,
including
proceedings
for
enforcement
and
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;
and (3)
knows
the
names
and
addresses
of
any
person
not a
party
to
the
proceeding
who
has
physical
custody
of
the
child
or
claims
rights
of
legal
custody
or
physical
custody
of,
or
visitation
with,
the
child
and,
if
so,
the
names
and
addresses
of
those
persons. (b)
If
the
information
required
by
subsection
(a)
is
not
furnished,
the
court,
upon
motion
of a
party
or
its
own
motion,
may
stay
the
proceeding
until
the
information
is
furnished. (c)
If
the
declaration
as to
any
of
the
items
described
in
subsection
(a)(1)
through
(3)
is in
the
affirmative,
the
declarant
shall
give
additional
information
under
oath
as
required
by
the
court.
The
court
may
examine
the
parties
under
oath
as to
details
of
the
information
furnished
and
other
matters
pertinent
to
the
court's
jurisdiction
and
the
disposition
of
the
case. (d)
Each
party
has a
continuing
duty
to
inform
the
court
of
any
proceeding
in
this
or
any
other
State
that
could
affect
the
current
proceeding. (e)
If a
party
alleges
in an
affidavit
or a
pleading
under
oath
that
the
health,
safety,
or
liberty
of a
party
or
child
would
be
jeopardized
by
disclosure
of
identifying
information,
the
information
must
be
sealed
and
may
not
be
disclosed
to
the
other
party
or
the
public
unless
the
court
orders
the
disclosure
to be
made
after
a
hearing
in
which
the
court
takes
into
consideration
the
health,
safety,
or
liberty
of
the
party
or
child
and
determines
that
the
disclosure
is in
the
interest
of
justice.] SECTION 39210.
APPEARANCE
OF
PARTIES
AND
CHILD.
(a)
In a
child-custody
proceeding
in
this
Territory,
the
court
may
order
a
party
to
the
proceeding
who
is in
this
Territory
to
appear
before
the
court
in
person
with
or
without
the
child.
The
court
may
order
any
person
who
is in
this
Territory
and
who
has
physical
custody
or
control
of
the
child
to
appear
in
person
with
the
child. (b)
If a
party
to a
child-custody
proceeding
whose
presence
is
desired
by
the
court
is
outside
this
Territory,
the
court
may
order
that
a
notice
given
pursuant
to Section 39108
include
a
statement
directing
the
party
to
appear
in
person
with
or
without
the
child
and
informing
the
party
that
failure
to
appear
may
result
in a
decision
adverse
to
the
party. (c)
The
court
may
enter
any
orders
necessary
to
ensure
the
safety
of
the
child
and
of
any
person
ordered
to
appear
under
this
section. (d)
If a
party
to a
child-custody
proceeding
who
is
outside
this
Territory
is
directed
to
appear
under
subsection
(b)
or
desires
to
appear
personally
before
the
court
with
or
without
the
child,
the
court
may
require
another
party
to
pay
reasonable
and
necessary
travel
and
other
expenses
of
the
party
so
appearing
and
of
the
child. ARTICLE
3 ENFORCEMENT SECTION 39301.
DEFINITIONS.
In
this
Article: (1)
"Petitioner"
means
a
person
who
seeks
enforcement
of an
order
for
return
of a
child
under
the
Hague
Convention
on
the
Civil
Aspects
of
International
Child
Abduction
or
enforcement
of a
child-custody
determination. (2)
"Respondent"
means
a
person
against
whom
a
proceeding
has
been
commenced
for
enforcement
of an
order
for
return
of a
child
under
the
Hague
Convention
on
the
Civil
Aspects
of
International
Child
Abduction
or
enforcement
of a
child-custody
determination. SECTION 39302.
ENFORCEMENT
UNDER
HAGUE
CONVENTION.
Under
this
Article
the
Superior
Court
of
Guam
may
enforce
an
order
for
the
return
of
the
child
made
under
the
Hague
Convention
on
the
Civil
Aspects
of
International
Child
Abduction
as if
it
were
a
child-custody
determination. SECTION 39303.
DUTY
TO
ENFORCE.
(a)
The
Superior
Court
of (b)
The
Superior
Court
of SECTION 39304.
TEMPORARY
VISITATION.
(a) A
court
of
this
Territory
which
does
not
have
jurisdiction
to
modify
a
child-custody
determination,
may
issue
a
temporary
order
enforcing: (1)
a
visitation
schedule
made
by a
court
of
another
State;
or (2)
the
visitation
provisions
of a
child-custody
determination
of
another
State
that
does
not
provide
for a
specific
visitation
schedule. (b)
If a
court
of
this
Territory
makes
an
order
under
subsection
(a)(2),
it
shall
specify
in
the
order
a
period
that
it
considers
adequate
to
allow
the
petitioner
to
obtain
an
order
from
a
court
having
jurisdiction
under
the
criteria
specified
in
Article
2.
The
order
remains
in
effect
until
an
order
is
obtained
from
the
other
court
or
the
period
expires. SECTION 39305.
REGISTRATION
OF
CHILD-CUSTODY
DETERMINATION.
(a)
A
child-custody
determination
issued
by a
court
of
another
State
may
be
registered
in
this
Territory,
with
or
without
a
simultaneous
request
for
enforcement,
by
sending
to
the
Superior
Court
of
Guam: (1)
a
letter
or
other
document
requesting
registration; (2)
two
copies,
including
one
certified
copy,
of
the
determination
sought
to be
registered,
and a
statement
under
penalty
of
perjury
that
to
the
best
of
the
knowledge
and
belief
of
the
person
seeking
registration
the
order
has
not
been
modified;
and (3)
except
as
otherwise
provided
in Section 39209,
the
name
and
address
of
the
person
seeking
registration
and
any
parent
or
person
acting
as a
parent
who
has
been
awarded
custody
or
visitation
in
the
child-custody
determination
sought
to be
registered. (b)
ON receipt
of
the
documents
required
by
subsection
(a),
the
registering
court
shall: (1)
cause
the
determination
to be
filed
as a
foreign
judgment,
together
with
one
copy
of
any
accompanying
documents
and
information,
regardless
of
their
form;
and (2)
serve
notice
upon
the
persons
named
pursuant
to
subsection
(a)(3)
and
provide
them
with
an
opportunity
to
contest
the
registration
in
accordance
with
this
section. (c)
The
notice
required
by
subsection
(b)(2)
must
state
that: (1)
a
registered
determination
is
enforceable
as of
the
date
of
the
registration
in
the
same
manner
as a
determination
issued
by
the
Superior
Court
of
Guam; (2)
a
hearing
to
contest
the
validity
of
the
registered
determination
must
be
requested within 20
days
after
service
of
notice;
and (3)
failure
to
contest
the
registration
will
result
in
confirmation
of
the
child-custody
determination
and
preclude
further
contest
of
that
determination
with
respect
to
any
matter
that
could
have
been
asserted. (d)
A
person
seeking
to
contest
the
validity
of a
registered
order
must
request
a
hearing within 20
days
after
service
of
the
notice.
At
that
hearing,
the
court
shall
confirm
the
registered
order
unless
the
person
contesting
registration
establishes
that: (1)
the
issuing
court
did
not
have
jurisdiction
under
Article
2; (2)
the
child-custody
determination
sought
to be
registered
has
been
vacated,
stayed,
or
modified
by a
court
having
jurisdiction
to do
so
under
Article
2; or (3)
the
person
contesting
registration
was
entitled
to
notice,
but
notice
was
not
given
in
accordance
with
the
standards
of Section 39108,
in
the
proceedings
before
the
court
that
issued
the
order
for
which
registration
is
sought. (e)
If a
timely
request
for a
hearing
to
contest
the
validity
of
the
registration
is
not
made,
the
registration
is
confirmed
as a
matter
of
law
and
the
person
requesting
registration
and
all
persons
served
must
be
notified
of
the
confirmation. (f)
Confirmation
of a
registered
order,
whether
by
operation
of
law
or
after
notice
and
hearing,
precludes
further
contest
of
the
order
with
respect
to
any
matter
that
could
have
been
asserted
at
the
time
of
registration. SECTION 39306.
ENFORCEMENT
OF
REGISTERED
DETERMINATION.
(a)
The
Superior
Court
of (b)
The
Superior
Court
of
Guam
shall
recognize
and
enforce,
but
may
not
modify,
except
in
accordance
with
Article
2, a
registered
child-custody
determination
of a
court
of
another
State. SECTION 39307.
SIMULTANEOUS
PROCEEDINGS.
If a
proceeding
for
enforcement
under
this
Article
is
commenced
in
the
Superior
Court
of
Guam
and
the
court
determines
that
a
proceeding
to
modify
the
determination
is
pending
in a
court
of
another
State
having
jurisdiction
to
modify
the
determination
under
Article
2,
the
enforcing
court
shall
immediately
communicate
with
the
modifying
court.
The
proceeding
for
enforcement
continues
unless
the
enforcing
court,
after
consultation
with
the
modifying
court,
stays
or
dismisses
the
proceeding. SECTION 39308.
EXPEDITED
ENFORCEMENT
OF
CHILD-CUSTODY
DETERMINATION.
(a) A
petition
under
this
Article
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. (b)
A
petition
for
enforcement
of a
child-custody
determination
must
state: (1)
whether
the
court
that
issued
the
determination
identified
the
jurisdictional
basis
it
relied
upon
in
exercising
jurisdiction
and,
if
so,
what
the
basis
was; (2)
whether
the
determination
for
which
enforcement
is
sought
has
been
vacated,
stayed,
or
modified
by a
court
whose
decision
must
be
enforced
under
this
Act
and,
if
so,
identify
the
court,
the
case
number,
and
the
nature
of
the
proceeding; (3)
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; (4)
the
present
physical
address
of
the
child
and
the
respondent,
if
known; (5)
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 (6)
if
the
child-custody
determination
has
been
registered
and
confirmed
under Section 39305,
the
date
and
place
of
registration. (c)
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. (d)
An
order
issued
under
subsection
(c)
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 39312,
and
may
schedule
a
hearing
to
determine
whether
further
relief
is
appropriate,
unless
the
respondent
appears
and
establishes
that: (1)
the
child-custody
determination
has
not
been
registered
and
confirmed
under Section 39305
and
that: (A)
the
issuing
court
did
not
have
jurisdiction
under
Article
2; (B)
the
child-custody
determination
for
which
enforcement
is
sought
has
been
vacated,
stayed,
or
modified
by a
court
having
jurisdiction
to do
so
under
Article
2; (C)
the
respondent
was
entitled
to
notice,
but
notice
was
not
given
in
accordance
with
the
standards
of Section 39108,
in
the
proceedings
before
the
court
that
issued
the
order
for
which
enforcement
is
sought;
or (2)
the
child-custody
determination
for
which
enforcement
is
sought
was
registered
and
confirmed
under Section 39304,
but
has
been
vacated,
stayed,
or
modified
by a
court
of a
State
having
jurisdiction
to do
so
under
Article
2. SECTION 39309.
SERVICE
OF
PETITION
AND
ORDER.
Except
as
otherwise
provided
in Section 39311,
the
petition
and
order
must
be
served,
by
any
method
authorized
by
the
laws
of
this
territory,
upon
respondent
and
any
person
who
has
physical
custody
of
the
child. SECTION 39310.
HEARING
AND
ORDER.
(a)
Unless
the
court
issues
a
temporary
emergency
order
pursuant
to Section 39204,
upon
a
finding
that
a
petitioner
is
entitled
to
immediate
physical
custody
of
the
child,
the
court
shall
order
that
the
petitioner
may
take
immediate
physical
custody
of
the
child
unless
the
respondent
establishes
that: (1)
the
child-custody
determination
has
not
been
registered
and
confirmed
under Section 39305
and
that: (A)
the
issuing
court
did
not
have
jurisdiction
under
Article
2; (B)
the
child-custody
determination
for
which
enforcement
is
sought
has
been
vacated,
stayed,
or
modified
by a
court
of a
State
having
jurisdiction
to do
so
under
Article
2; or (C)
the
respondent
was
entitled
to
notice,
but
notice
was
not
given
in
accordance
with
the
standards
of Section 39108,
in
the
proceedings
before
the
court
that
issued
the
order
for
which
enforcement
is
sought;
or (2)
the
child-custody
determination
for
which
enforcement
is
sought
was
registered
and
confirmed
under Section 39305
but
has
been
vacated,
stayed,
or
modified
by a
court
of a
State
having
jurisdiction
to do
so
under
Article
2. (b)
The
court
shall
award
the
fees,
costs,
and
expenses
authorized
under Section 39312
and
may
grant
additional
relief,
including
a
request
for
the
assistance
of
law
enforcement
officials,
and
set a
further
hearing
to
determine
whether
additional
relief
is
appropriate. (c)
If a
party
called
to
testify
refuses
to
answer
on
the
ground
that
the
testimony
may
be
self-incriminating,
the
court
may
draw
an
adverse
inference
from
the
refusal. (d)
A
privilege
against
disclosure
of
communications
between
spouses
and a
defense
of
immunity
based
on
the
relationship
of
husband
and
wife
or
parent
and
child
may
not
be
invoked
in a
proceeding
under
this
Article. SECTION 39311.
WARRANT
TO
TAKE
PHYSICAL
CUSTODY
OF
CHILD.
(a)
Upon
the
filing
of a
petition
seeking
enforcement
of a
child-custody
determination,
the
petitioner
may
file
a
verified
application
for
the
issuance
of a
warrant
to
take
physical
custody
of
the
child
if
the
child
is
immediately
likely
to
suffer
serious
physical
harm
or be
removed
from
this
Territory. (b)
If
the
court,
upon
the
testimony
of
the
petitioner
or
other
witness,
finds
that
the
child
is
imminently
likely
to
suffer
serious
physical
harm
or be
removed
from
this
Territory,
it
may
issue
a
warrant
to
take
physical
custody
of
the
child.
The
petition
must
be
heard
on
the
next
judicial
day
after
the
warrant
is
executed
unless
that
date
is
impossible.
In
that
event,
the
court
shall
hold
the
hearing
on
the
first
judicial
day
possible.
The
application
for
the
warrant
must
include
the
statements
required
by Section 39308(b). (c)
A
warrant
to
take
physical
custody
of a
child
must: (1)
recite
the
facts
upon
which
a
conclusion
of
imminent
serious
physical
harm
or
removal
from
the
jurisdiction
is
based; (2)
direct
law
enforcement
officers
to
take
physical
custody
of
the
child
immediately;
and (3)
provide
for
the
placement
of
the
child
pending
final
relief. (d)
The
respondent
must
be
served
with
the
petition,
warrant,
and
order
immediately
after
the
child
is
taken
into
physical
custody. (e)
A
warrant
to
take
physical
custody
of a
child
is
enforceable
throughout
this
Territory.
If
the
court
finds
on
the
basis
of
the
testimony
of
the
petitioner
or
other
witness
that
a
less
intrusive
remedy
is
not
effective,
it
may
authorize
law
enforcement
officers
to
enter
private
property
to
take
physical
custody
of
the
child.
If
required
by
exigent
circumstances
of
the
case,
the
court
may
authorize
law
enforcement
officers
to
make
a
forcible
entry
at
any
hour. (f)
The
court
may
impose
conditions
upon
placement
of a
child
to
ensure
the
appearance
of
the
child
and
the
child's
custodian. SECTION 39312.
COSTS,
FEES,
AND
EXPENSES.
(a)
The
court
shall
award
the
prevailing
party,
including
a
State,
necessary
and
reasonable
expenses
incurred
by or
on
behalf
of
the
party,
including
costs,
communication
expenses,
attorney's
fees,
investigative
fees,
expenses
for
witnesses,
travel
expenses,
and
child
care
during
the
course
of
the
proceedings,
unless
the
party
from
whom
fees
or
expenses
are
sought
establishes
that
the
award
would
be
clearly
inappropriate. (b)
The
court
may
not
assess
fees,
costs,
or
expenses
against
a
State
unless
authorized
by
law
other
than
this
Act. SECTION 39313.
RECOGNITION
AND
ENFORCEMENT.
The
Superior
Court
of
Guam
shall
accord
full
faith
and
credit
to an
order
issued
by
another
State
and
consistent
with
this
Act
which
enforces
a
child-custody
determination
by a
court
of
another
State
unless
the
order
has
been
vacated,
stayed,
or
modified
by a
court
having
jurisdiction
to do
so
under
Article
2. SECTION 39314.
APPEALS.
An
appeal
may
be
taken
from
a
final
order
in a
proceeding
under
this
Article
in
accordance
with
expedited
appellate
procedures
in
other
civil
cases.
Unless
the
court
enters
a
temporary
emergency
order
under Section 39204,
the
enforcing
court
may
not
stay
an
order
enforcing
a
child-custody
determination
pending
appeal. SECTION 39315.
ROLE
OF
PROSECUTOR
OR
ATTORNEY
GENERAL.
(a)
In a
case
arising
under
this
Act
or
involving
the
Hague
Convention
on
the
Civil
Aspects
of
International
Child
Abduction,
the
prosecutor
or
other
appropriate
public
official
may
take
any
lawful
action,
including
resort
to a
proceeding
under
this
Article
or
any
other
available
civil
proceeding
to
locate
a
child,
obtain
the
return
of a
child,
or
enforce
a
child-custody
determination
if
there
is: (1)
an
existing
child-custody
determination; (2)
a
request
to do
so
from
a
court
in a
pending
child-custody
proceeding; (3)
a
reasonable
belief
that
a
criminal
statute
has
been
violated;
or (4)
a
reasonable
belief
that
the
child
has
been
wrongfully
removed
or
retained
in
violation
of
the
Hague
Convention
on
the
Civil
Aspects
of
International
Child
Abduction. (b)
A
prosecutor
or
appropriate
public
official
acting
under
this
section
acts
on
behalf
of
the
court
and
may
not
represent
any
party. SECTION 39316.
ROLE
OF
LAW
ENFORCEMENT.
At
the
request
of a
prosecutor
or
other
appropriate
public
official
acting
under Section 39315,
a law
enforcement
officer]
may
take
any
lawful
action
reasonably
necessary
to
locate
a
child
or a
party
and
assist
a
prosecutor
or
appropriate
public
official
with
responsibilities
under Section 39315. SECTION 39317.
COSTS
AND
EXPENSES.
If
the
respondent
is
not
the
prevailing
party,
the
court
may
assess
against
the
respondent
all
direct
expenses
and
costs
incurred
by
the
prosecutor
or
other
appropriate
public
official
and
law
enforcement
officers
under Section 39315
or
316. ARTICLE
4 MISCELLANEOUS
PROVISIONS SECTION 39401.
APPLICATION
AND
CONSTRUCTION.
In
applying
and
construing
this
Uniform
Act,
consideration
must
be
given
to
the
need
to
promote
uniformity
of
the
law
with
respect
to
its
subject
matter
among
States
that
enact
it. SECTION 39402.
SEVERABILITY
CLAUSE.
If
any
provision
of
this
Act
or
its
application
to
any
person
or
circumstance
is
held
invalid,
the
invalidity
does
not
affect
other
provisions
or
applications
of
this
Act
which
can
be
given
effect
without
the
invalid
provision
or
application,
and
to
this
end
the
provisions
of
this
Act
are
severable. SECTION 39403.
TRANSITIONAL
PROVISION.
A
motion
or
other
request
for
relief
made
in a
child-custody
proceeding
or to
enforce
a
child-custody
determination
which
was
commenced
before
the
effective
date
of
this
Act
is
governed
by
the
law
in
effect
at
the
time
the
motion
or
other
request
was
made. |
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