§ 15-14.1-21 - Information to be submitted to court.
SECTION 15-14.1-21
§ 15-14.1-21 Information to be submittedto court. – (a) Subject to any law 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 giveinformation, if reasonably ascertainable, under oath as to the child's presentaddress or whereabouts, the places where the child has lived during the lastfive (5) years, and the names and present addresses of the persons with whomthe child has lived during that period. The pleading or affidavit must statewhether the party:
(1) Has participated, as a party or witness or in any othercapacity, in any other proceeding concerning the custody of or visitation withthe child and, if so, identify the court, the case number, and the date of thechild custody determination, if any;
(2) Knows of any proceeding that could affect the currentproceeding, including proceedings for enforcement and proceedings relating todomestic violence, protective orders, termination of parental rights, andadoptions and, if so, identify the court, the case number, and the nature ofthe proceeding; and
(3) Knows the names and addresses of any person not a partyto the proceeding who has physical custody of the child or claims rights oflegal custody or physical custody of, or visitation with, the child and, if so,the names and address of those persons.
(b) If the information required by subsection (a) of thissection 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 insubdivisions (a)(1) through (3) of this section is in the affirmative, thedeclarant shall give additional information under oath as required by thecourt. The court may examine the parties under oath as to details of theinformation furnished and other matters pertinent to the court's jurisdictionand the disposition of the case.
(d) Each party has a continuing duty to inform the court ofany proceeding in this or any other state that could affect the currentproceeding.
(e) If a party alleges in an affidavit or a pleading underoath that the health, safety, or liberty of a party or child would bejeopardized by disclosure of identifying information, the information must besealed and may not be disclosed to the other party or the public unless thecourt orders the disclosure to be made after a hearing in which the court takesinto consideration the health, safety, or liberty of the party or child anddetermines that the disclosure is in the interest of justice.