38-1356. Information to be submitted to court.
38-1356
38-1356. Information to be submitted tocourt.(UCCJEA 209). (a) Subject to subsection (e), in achild-custody proceeding, each party, in its first pleading or in an attachedaffidavit, shall give information, if reasonably ascertainable, under oath asto the child's present address or whereabouts, the places where the child haslived during the last five years, and the names and present addresses of thepersons with whom the child has lived during that period. The pleading oraffidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in anyother proceeding concerning the custody of or visitation with the child and, ifso, identify the court, the case number, and the date of the child-custodydetermination, if any;
(2) knows of any proceeding that could affect the current proceeding,including proceedings for enforcement and proceedings relating to domesticviolence, 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 proceedingwho has physical custody of the child or claims rights of legal custody orphysical custody of, or visitation with, the child and, if so, the names andaddresses of those persons.
(b) If the information required by subsection (a) is not furnished, thecourt, upon motion of a party or its own motion, may stay the proceedinguntil 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 additionalinformation under oath as required by the court. The court may examine theparties under oath as to details of the information furnished and other matterspertinent 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 inthis or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that thehealth, safety, or liberty of a party or child would be jeopardized bydisclosure of identifying information, the information must be sealed and maynot be disclosed to the other party or the public unless the court orders thedisclosure to be made after a hearing in which the court takes intoconsideration the health, safety, or liberty of the party or child anddetermines that the disclosure is in the interest of justice.
History: L. 2000, ch. 171, § 51; July 1.