Chapter 39

7 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 1CHAPTER 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT SOURCE : Entire Chapter added by P.L. 28-037:2 (Apr. 22, 2 005). Sections renumbered by Compiler to fit this Chapter. Article 1. General Provisions. Article 2. Jurisdiction. Article 3. Enforcement. Article 4. Miscellaneous Provisions. ARTICLE 1 GENERAL PROVISIONS § 39101. Short Title. § 39102. Definitions. § 39103. Proceedings Governed by other Law. § 39104. Application to Indian Tribes. § 39105. International Application of Act. § 39106. Effect of Child-Custody Determination. § 39107. Priority. § 39108. Notice to Persons Outside Guam. § 39109. Appearance and Limited Immunity. § 39110. Communication Between Courts. § 39111. Taking Testimony in Another State. § 39112. Cooperation Between Courts; Preservation o f Records. § 39101. Short Title. This Act may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. § 39102. Definitions. As used in this Act: (a) ‘Abandoned’ means left without provision for reasonable and necessary care or supervision.

s the Uniform Child-Custody Jurisdiction and Enforcement Act. § 39102. Definitions. As used in this Act: (a) ‘Abandoned’ means left without provision for reasonable and necessary care or supervision. (b) ‘Child’ means an individual who has not attained eighteen (18) years of age. (c) ‘Child-custody determination’ means a judgment, decree, or COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 2other order of a court providing for the legal cust ody, physical custody, or visitation with respect to a child. The term inc ludes a permanent, temporary, initial, and modification order. The ter m does not include an order relating to child support or other monetary o bligation of an individual. (d) ‘Child-custody proceeding’ means a proceeding in which legal custody, physical custody, or visitation with respe ct to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termina tion of parental rights, and protection from domestic violence, in w hich the issue may appear. The term does not include a proceeding invo lving juvenile delinquency, contractual emancipation, or

na tion of parental rights, and protection from domestic violence, in w hich the issue may appear. The term does not include a proceeding invo lving juvenile delinquency, contractual emancipation, or enforceme nt under Article 3. (e) ‘Commencement’ means the filing of the first pleading in a proceeding. (f) ‘Court’ means an entity authorized under the law of a Stat e or Territory to establish, enforce, or modify a child- custody determination. (g) ‘Home State’ means the State or Territory in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencem ent of a child- custody proceeding. In the case of a child less tha n six (6) months of age, the term means the State or Territory in which the child lived from birth with any of the persons mentioned. A period o f temporary absence of any of the mentioned persons is part of the peri od. (h) ‘Initial determination’ means the first child-custody determination concerning a particular child. (i) ‘Issuing court’ means the court that makes a child-custody determination for which enforcement is sought under this Act.

means the first child-custody determination concerning a particular child. (i) ‘Issuing court’ means the court that makes a child-custody determination for which enforcement is sought under this Act. (j) ‘Issuing State’ means the State or Territory in which a child- custody determination is made. (k) ‘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. (l) ‘Person’ means an individual, corporation, business trust, estate, trust, partnership, limited liability compa ny, association, joint venture, government; governmental subdivision, agen cy, or COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 3instrumentality; public corporation; or any other l egal or commercial entity. (m) ‘Person acting as a parent’ means a person, other than a parent, who: (1 has physical custody of the child or has had phy sical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a

as physical custody of the child or has had phy sical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child-custody proceeding; and (2) has been awarded legal custody by a court or cl aims a right to legal custody under the laws of Guam. (n) ‘physical custody’ means the physical care and supervision of a child. (o) ‘State’ means a State of the United States, the District o f Columbia, Puerto Rico, the United States Virgin Isl ands, Guam or any territory or insular possession subject to the juri sdiction of the United States. (p) ‘Warrant’ means an order issued by a court authorizing law enforcement officers to take physical custody of a child. 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha- numeric scheme in accordance to 1 GCA § 1606. § 39103. Proceedings Governed by Other Law. This Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medica l care for a child. § 39104. Application to Indian Tribes. A child-custody proceeding that pertains to an Indi an child as defined in the Indian Child Welfare

to the authorization of emergency medica l care for a child. § 39104. Application to Indian Tribes. A child-custody proceeding that pertains to an Indi an child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et s eq., is not subject to this Act to the extent that it is governed by the Indian Child Welfare Act. § 39105. International Application of Act. (a) The Superior Court of Guam shall treat a foreig n country as if it were a State of the United States for the purpose o f applying Articles 1 and 2. (b) Except as otherwise provided in Subsection (c), a child-custody determination made in a foreign country under factu al circumstances in substantial conformity with the jurisdictional stan dards of this Act must be recognized and enforced under Article 3. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 4(c) The Superior Court of Guam need not apply this Act if the child custody law of a foreign country violates fundament al principles of human rights. § 39106. Effect of Child-Custody Determination. A child-custody determination made by a court of Gu am that had jurisdiction under this Act binds all persons who h ave

al principles of human rights. § 39106. Effect of Child-Custody Determination. A child-custody determination made by a court of Gu am that had jurisdiction under this Act binds all persons who h ave been served in accordance with the laws of Guam or notified in acc ordance with subsection 108 or who have submitted to the jurisdiction of th e court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issue s of law and fact, except to the extent the determination is modified. § 39107. Priority. If a question of existence or exercise of jurisdict ion 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. § 39108. Notice to Persons Outside Guam. (a) Notice required for the exercise of jurisdictio n when a person is outside Guam may be given in a manner prescribed by the laws of Guam for service of process or by the laws of the State in w hich the service is made. Notice must be given in a manner reasonably calcula ted to give actual notice but may be by publication if other means are not effective.

ss or by the laws of the State in w hich the service is made. Notice must be given in a manner reasonably calcula ted to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner pres cribed by the laws of Guam or by the laws of the State in which the se rvice is made. (c) Notice is not required for the exercise of juri sdiction with respect to a person who submits to the jurisdiction of the cou rt. § 39109. Appearance and Limited Immunity. (a) A party to a child-custody proceeding, includin g a modification proceeding, or a petitioner or respondent in a proc eeding to enforce or register a child-custody determination, is not subj ect to personal jurisdiction in Guam 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 jurisdictio n in Guam on a basis other than physical presence is not immune from ser vice of process in Guam. A party present in Guam who is subject to the juri sdiction of another State is not immune from service of process allowable und er the laws

l presence is not immune from ser vice of process in Guam. A party present in Guam who is subject to the juri sdiction of another State is not immune from service of process allowable und er the laws of that State. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 5(c) The immunity granted by Subsection (a) does not extend to civil litigation based on acts unrelated to the participa tion in a proceeding under this Act committed by an individual while present i n Guam. § 39110. Communication Between Courts. (a) A court of Guam 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 c ommunication, they must be given the opportunity to present facts and legal ar guments before a decision on jurisdiction is made. (c) Communication between courts on schedules, cale ndars, court records, and similar matters may occur without info rming the parties. A record need not be made of the communication.

iction is made. (c) Communication between courts on schedules, cale ndars, court records, and similar matters may occur without info rming 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 par ties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, ‘record’ mean s information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. § 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 wit nesses who are located in another State, including testimony of the partie s and the child, by deposition or other means allowable in Guam for tes timony taken in another State. The court on its own motion may order that t he testimony of a person be taken in another State and may prescribe the man ner in which and the terms upon which the testimony is taken.

another State. The court on its own motion may order that t he testimony of a person be taken in another State and may prescribe the man ner in which and the terms upon which the testimony is taken. (b) A court of Guam may permit an individual residi ng in another State to be deposed or to testify by telephone, audiovisu al means, or other electronic means before a designated court or at an other location in that State. A court of Guam shall cooperate with courts of other States in designating an appropriate location for the deposit ion or testimony. (c) Documentary evidence transmitted from another S tate to a court of Guam 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. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 6§ 39112. Cooperation Between Courts; Preservation o f Records. (a) A court of Guam may request the appropriate cou rt of another State to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence purs uant to procedures of that State; (3) order that an evaluation be made with respect t o the

t of another State to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence purs uant to procedures of that State; (3) order that an evaluation be made with respect t o the custody of a child involved in a pending proceeding; (4) forward to the court of Guam a certified copy o f the transcript of the record of the hearing, the evidence otherwis e 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 t he proceeding with or without the child. (b) Upon request of a court of another State, a cou rt of Guam may hold a hearing or enter an order described in Subsection (a). (c) Travel and other necessary and reasonable expen ses incurred under Subsections (a) and (b) may be assessed against the parties according to the laws of Guam. (d) The Superior Court of Guam shall preserve the p leadings, orders, decrees, records of hearings, evaluations, and othe r pertinent records with respect to a child-custody proceeding until the chi ld attains eighteen (18) years of age.

reserve the p leadings, orders, decrees, records of hearings, evaluations, and othe r pertinent records with respect to a child-custody proceeding until the chi ld attains eighteen (18) years of age. Upon appropriate request by a court o r law enforcement official of another State, the court shall forward a certifi ed copy of those records. ---------- ARTICLE 2 JURISDICTION § 39201. Initial Child-Custody Jurisdiction. § 39202. Exclusive, Continuing Jurisdiction. § 39203. Jurisdiction to Modify Determination. § 39204. Temporary Emergency Jurisdiction. § 39205. Notice; Opportunity to be Heard; Joinder. § 39206. Simultaneous Proceedings. § 39207. Inconvenient Forum. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 7§ 39208. Jurisdiction Declined by Reason of Conduct . § 39209. Information to Be Submitted to Court. § 39210. Appearance of Parties And Child. § 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-c ustody determination only if: (1) Guam is the home State of the child on the date of the commencement of the proceeding,

39204, the Superior Court of Guam has jurisdiction to make an initial child-c ustody determination only if: (1) Guam is the home State of the child on the date of the commencement of the proceeding, or was the home Sta te of the child within six (6) months before the commencement of th e proceeding and the child is absent from Guam but a parent or perso n acting as a parent continues to live in Guam; (2) a court of another State does not have jurisdic tion under paragraph (1), or a court of the home State of the child has declined to exercise jurisdiction on the ground that Guam is th e more appropriate forum under section 39207 or 39208, and: (A) the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with Guam other than mere physical prese nce; and (B) substantial evidence is available in Guam conce rning the child's care, protection, training, and personal re lationships; (3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground tha t the Superior Court of Guam is the more appropriate forum to determine the custody of the child under

jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground tha t the Superior Court of Guam is the more appropriate forum to determine the custody of the child under section 39207 or 39208; or (4) no court of any other State would have jurisdic tion 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 o f Guam. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-cust ody determination. § 39202. Exclusive, Continuing Jurisdiction. (a) Except as otherwise provided in section 39204, a court of Guam which has made a child-custody determination consis tent with sections COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 839201 or 39203 has exclusive, continuing jurisdicti on over the determination until: (1) a court of Guam determines that neither the chi ld, the child's parents, and any person acting as a parent do not h ave a significant connection with Guam and that substantial evidence is no longer available

of Guam determines that neither the chi ld, the child's parents, and any person acting as a parent do not h ave a significant connection with Guam and that substantial evidence is no longer available in Guam concerning the child’s care, prot ection, training, and personal relationships; or (2) a court of Guam or a court of another State det ermines that the child, the child’s parents, and any person acting a s a parent do not presently reside in Guam. (b) A court of Guam which has made a child-custody determination and does not have exclusive, continuing jurisdiction un der this section may modify that determination only if it has jurisdicti on to make an initial determination under section 39201. § 39203. Jurisdiction to Modify Determination. Except as otherwise provided in section 39204, the Superior Court of Guam may not modify a child-custody determination m ade 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 l onger has exclusive, continuing jurisdiction under section 39 202 or that the Superior Court of Guam would be a more

ection 39201(a)(1) or (2) and: (1) the court of the other State determines it no l onger has exclusive, continuing jurisdiction under section 39 202 or that the Superior Court of Guam would be a more convenient f orum under section 39207; or (2) the Superior Court of Guam or a court of the ot her State determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other State. § 39204. Temporary Emergency Jurisdiction . (a) The Superior Court of Guam has temporary emerge ncy jurisdiction if the child is present in Guam and the child has b een abandoned or it is necessary in an emergency to protect the child beca use the child, or a sibling or parent of the child, is subjected to or threaten ed with mistreatment or abuse. (b) If there is no previous child-custody determina tion that is entitled to be enforced under this Act and a child-custody proc eeding has not been commenced in a court of a State having jurisdiction under sections 39201 through 39203, a child-custody determination made u nder this section COL111920137 GCA CIVIL PROCEDURE CH.

eeding has not been commenced in a court of a State having jurisdiction under sections 39201 through 39203, a child-custody determination made u nder this section COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 9remains in effect until an order is obtained from a court of a State having jurisdiction under sections 39201 through 39203. If a child-custody proceeding has not been or is not commenced in a co urt of a State having jurisdiction under sections 39201 through 39203, a child-custody determination made under this section becomes a fin al determination, if it so provides and Guam becomes the home State of the chi ld. (c) If there is a previous child-custody determinat ion that is entitled to be enforced under this Act, or a child-custody proc eeding has been commenced in a court of a State having jurisdiction under sections 39201 through 39203, any order issued by a court of Guam under this section must specify in the order a period that the court consid ers adequate to allow the person seeking an order to obtain an order from the State having jurisdiction under sections 39201 through 39203.

on must specify in the order a period that the court consid ers adequate to allow the person seeking an order to obtain an order from the State having jurisdiction under sections 39201 through 39203. The order issue d in Guam remains in effect until an order is obtained from the other St ate within the period specified or the period expires. (d) A court of Guam which has been asked to make a child-custody determination under this section, upon being inform ed that a child-custody proceeding has been commenced in, or a child-custod y determination has been made by, a court of a State having jurisdictio n under sections 39201 through 39203, shall immediately communicate with t he other court. A court of Guam which is exercising jurisdiction pursuant t o sections 39201 through 39203, upon being informed that a child-custody pro ceeding has been commenced in, or a child-custody determination has been made by, a court of another State under a statute similar to this se ction shall immediately communicate with the court of that State to resolve the emergency, protect the safety of the parties and the child, and determ ine a period for the duration of the temporary order. § 39205.

mediately communicate with the court of that State to resolve the emergency, protect the safety of the parties and the child, and determ ine a period for the duration of the temporary order. § 39205. Notice; Opportunity to Be Heard; Joinder. (a) Before a child-custody determination is made un der this Act, notice and an opportunity to be heard in accordance with t he standards of § 108 must be given to all persons entitled to notice und er the laws of Guam as in child-custody proceedings between residents of Guam , any parent whose parental rights have not been previously terminated , and any person having physical custody of the child. (b) This Act does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 10 (c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this Act are gover ned by the laws of Guam as in child-custody proceedings between residents o f Guam. § 39206. Simultaneous Proceedings.

t to intervene as a party in a child-custody proceeding under this Act are gover ned by the laws of Guam as in child-custody proceedings between residents o f Guam. § 39206. Simultaneous Proceedings. (a) Except as otherwise provided in section 39204, the Superior Court of Guam may not exercise its jurisdiction under thi s Article if, at the time of the commencement of the proceeding, a proceeding co ncerning the custody of the child has been commenced in a court of anoth er State having jurisdiction substantially in conformity with this Act, unless the proceeding has been terminated or is stayed by the court of th e other State because the Superior Court of Guam is a more convenient forum u nder 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 par ties pursuant to section 39209. If the court determines that a child-custody proceeding has been commenced in a court in another State having jurisd iction substantially in accordance with this Act, the court of Guam shall s tay its proceeding and communicate with the court of the

eding has been commenced in a court in another State having jurisd iction substantially in accordance with this Act, the court of Guam shall s tay its proceeding and communicate with the court of the other State. If t he court of the State having jurisdiction substantially in accordance wit h this Act does not determine that the court of Guam is a more appropri ate forum, the court of Guam shall dismiss the proceeding. (c) In a proceeding to modify a child-custody deter mination, the Superior Court of Guam shall determine whether a pr oceeding to enforce the determination has been commenced in another State. If a proceeding to enforce a child-custody determination has been comm enced in another State, the court may: (1) stay the proceeding for modification pending th e entry of an order of a court of the other State enforcing, stay ing, denying, or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the pro ceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate. § 39207. Inconvenient Forum. (a) The Superior Court of Guam may decline to exerc ise its jurisdiction at any time if it determines that it

the modification under conditions it considers appropriate. § 39207. Inconvenient Forum. (a) The Superior Court of Guam may decline to exerc ise its jurisdiction at any time if it determines that it is an inconven ient forum under the circumstances and that a court of another State is a more appropriate forum. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 11 The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (b) Before determining whether it is an inconvenien t 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 c onsider all relevant factors, including: (1) whether domestic violence has occurred and is l ikely to continue in the future and which State could best p rotect the parties and the child; (2) the length of time the child has resided outsid e Guam; (3) the distance between the court in Guam and the court in the State that would assume jurisdiction; (4) the relative financial circumstances of

e length of time the child has resided outsid e Guam; (3) the distance between the court in Guam and the court in the State that would assume jurisdiction; (4) the relative financial circumstances of the par ties; (5) any agreement of the parties as to which State should assume jurisdiction; (6) the nature and location of the evidence require d to resolve the pending litigation, including testimony of the chil d; (7) the ability of the court of each State to decid e the issue expeditiously and the procedures necessary to prese nt 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 i t is an inconvenient forum and that a court of another State is a more a ppropriate forum, it shall stay the proceedings upon condition that a child-cu stody 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 Guam may decline to exerc ise its jurisdiction under this Act if a child-custody determination is incidental to an action for divorce or another proceeding while still

oper. (d) The Superior Court of Guam may decline to exerc ise its jurisdiction under this Act if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 12 § 39208. Jurisdiction Declined by Reason of Conduct . (a) Except as otherwise provided in § 39204 or by o ther laws of Guam, if the Superior Court of Guam has jurisdiction under t his Act because a person seeking to invoke its jurisdiction has engaged in u njustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) the parents and all persons acting as parents h ave acquiesced in the exercise of jurisdiction; (2) a court of the State otherwise having jurisdict ion under sections 39201 through 39203 determines that Guam is a more appropriate forum under section 39207; or (3) no court of any other State would have jurisdic tion under the criteria specified in sections 39201 through 39203. (b) If the Superior Court of Guam declines to exerc ise its jurisdiction pursuant to Subsection (a), it may fashion

ld have jurisdic tion under the criteria specified in sections 39201 through 39203. (b) If the Superior Court of Guam declines to exerc ise its jurisdiction pursuant to Subsection (a), it may fashion an appro priate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-cust ody proceeding is commenced in a court having jurisdiction under sect ions 39201 through 39203. (c) If a court dismisses a petition or stays a proc eeding 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 so ught establishes that the assessment would be clearly inappropriate. The cour t may not assess fees, costs, or expenses against Guam unless authorized b y law other than this Act. § 39209. Information to be Submitted to Court.

ssessment would be clearly inappropriate. The cour t may not assess fees, costs, or expenses against Guam unless authorized b y law other than this Act. § 39209. Information to be Submitted to Court. (a) Subject to any existing law of Guam providing f or the confidentiality of procedures, addresses, and other identifying inf ormation, in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oat h as to the child’s present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of t he 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 a ny other capacity, in any other proceeding concerning the custody of or v isitation with the child and, if so, identify the court, the case number, an d the date of the child- custody determination, if any; COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 13 (2) knows of any proceeding that could affect the c urrent

the child- custody determination, if any; COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 13 (2) knows of any proceeding that could affect the c urrent proceeding, including proceedings for enforcement and proceedin gs relating to domestic violence, protective orders, termination o f 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) i s not furnished, the court, upon motion of a party or its own motion, ma y stay the proceeding until the information is furnished. (c) If the declaration as to any of the items descr ibed in Subsection (a)(1) through (3) is in the affirmative, the declarant sh all 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

mative, the declarant sh all 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 cas e. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other State that could affect the cu rrent proceeding. (e) If a party alleges in an affidavit or a pleadin g under oath that the health, safety, or liberty of a party or child would be jeo pardized by disclosure of identifying information, the information must be se aled and may not be disclosed to the other party or the public unless t he 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 an d determines that the disclosure is in the interest of justice. § 39210. Appearance of Parties and Child. (a) In a child-custody proceeding in Guam, the cour t may order a party to the proceeding who is in Guam to appear before the court in person with or without the child.

pearance of Parties and Child. (a) In a child-custody proceeding in Guam, the cour t may order a party to the proceeding who is in Guam to appear before the court in person with or without the child. The court may order any person w ho is in Guam 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 Guam, the court may order that a notice given pursuant to section108 include a statement directing the party to appear in person with or without the child and informing the party that fail ure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ens ure the safety of the child and of any person ordered to appear under thi s section. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 14 (d) If a party to a child-custody proceeding who is outside Guam 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

ppear 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 § 39301. Definitions. § 39302. Enforcement Under Hague Convention. § 39303. Duty to Enforce. § 39304. Temporary Visitation. § 39305. Registration of Child-Custody Determinatio n. § 39306. Enforcement of Registered Determination. § 39307. Simultaneous Proceedings. § 39308. Expedited Enforcement of Child-Custody Det ermination. § 39309. Service of Petition and Order. § 39310. Hearing and Order. § 39311. Warrant to Take Physical Custody of Child. § 39312. Costs, Fees, and Expenses. § 39313. Recognition and Enforcement. § 39314. Appeals. § 39315. Role of Prosecutor or Attorney General. § 39316. Role of Law Enforcement. § 39317. Costs and Expenses. § 39301. Definitions. As used in this Article: (a) ‘Petitioner’ means a person who seeks enforceme nt 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.

ans a person who seeks enforceme nt 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. (b) ‘Respondent’ means a person against whom a proc eeding has been commenced for enforcement of an order for retu rn of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determi nation. 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha- COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 15 numeric scheme in accordance to 1 GCA § 1606. § 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 Co nvention on the Civil Aspects of International Child Abduction as if it w ere a child-custody determination. § 39303. Duty To Enforce. (a) The Superior Court of Guam shall recognize and enforce a child- custody determination of a court of another State i f the latter court exercised jurisdiction in substantial conformity with this Ac t or the

perior Court of Guam shall recognize and enforce a child- custody determination of a court of another State i f the latter court exercised jurisdiction in substantial conformity with this Ac t or the determination was made under factual circumstances meeting the jurisd ictional standards of this Act and the determination has not been modified in accordance with this Act. (b) The Superior Court of Guam may utilize any reme dy available under other laws of Guam to enforce a child-custody determination made by a court of another State. The remedies provided in this Article are cumulative and do not affect the availability of other remedie s to enforce a child-custody determination. § 39304. Temporary Visitation. (a) A court of Guam which does not have jurisdictio n to modify a child- custody determination, may issue a temporary order enforcing: (1) a visitation schedule made by a court of anothe r State; or (2) the visitation provisions of a child-custody de termination of another State that does not provide for a specific visitation schedule. (b) If a court of Guam makes an order under Subsect ion (a)(2), it shall specify in the order a period that it considers ade quate to allow

e that does not provide for a specific visitation schedule. (b) If a court of Guam makes an order under Subsect ion (a)(2), it shall specify in the order a period that it considers ade quate 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. § 39305. Registration Of Child-Custody Determinatio n. (a) A child-custody determination issued by a court of another State may be registered in Guam, with or without a simultaneo us request for enforcement, by sending to the Superior Court of Gu am: (1) a letter or other document requesting registrat ion; (2) two copies, including one certified copy, of th e determination COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 16 sought to be registered, and a statement under pena lty 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

he 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 Subsect ion (a), the registering court shall: (1) cause the determination to be filed as a foreig n judgment, together with one copy of any accompanying document s 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 cont est the registration in accordance with this section. (c) The notice required by Subsection (b)(2) must s tate 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 regist ered determination must be requested within twenty (20) days after ser vice of notice; and (3) failure to contest the registration will result in confirmation of the child-custody

idity of the regist ered determination must be requested within twenty (20) days after ser vice of notice; and (3) failure to contest the registration will result in confirmation of the child-custody determination and preclude furthe r contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a r egistered order must request a hearing within twenty (20) days after ser vice of the notice. At that hearing, the court shall confirm the registered ord er unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction und er Article 2; (2) the child-custody determination sought to be re gistered 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 standar ds of section 108, in the proceedings before the court that issued the or der for which COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 17 registration is sought.

on 108, in the proceedings before the court that issued the or der for which COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 17 registration is sought. (e) If a timely request for a hearing to contest th e validity of the registration is not made, the registration is confi rmed 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 tim e of registration. § 39306. Enforcement Of Registered Determination . (a) The Superior Court of Guam may grant any relief normally available under the laws of Guam to enforce a registered chil d-custody determination made by a court of another State. (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. § 39307. Simultaneous Proceedings.

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. § 39307. Simultaneous Proceedings. If a proceeding for enforcement under this Article is commenced in the Superior Court of Guam and the court determines tha t a proceeding to modify the determination is pending in a court of a nother State having jurisdiction to modify the determination under Arti cle 2, the enforcing court shall immediately communicate with the modifying co urt. The proceeding for enforcement continues unless the enforcing cour t, after consultation with the modifying court, stays or dismisses the proceed ing. § 39308. Expedited Enforcement of Child-Custody Det ermination. (a) A petition under this Article must be verified. Certified copies of all orders sought to be enforced and of any order confi rming 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 d etermination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied

instead of the original. (b) A petition for enforcement of a child-custody d etermination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising j urisdiction 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 co urt, the case number, COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 18 and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relat ing to domestic violence, protective orders, termination of parenta l 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 t he respondent, if known; (5) whether relief in addition to the immediate phy sical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the reli ef sought; and (6) if the

ddition to the immediate phy sical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the reli ef sought; and (6) if the child-custody determination has been reg istered and confirmed under section 39305, the date and place o f 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 judicia l 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 cou rt 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 th e hearing the court will order that the petitioner may take immediate physic al custody of the child and the payment of fees, costs, and expenses under section 39312, and may schedule a hearing to determine whether further rel ief is appropriate,

ner may take immediate physic al custody of the child and the payment of fees, costs, and expenses under section 39312, and may schedule a hearing to determine whether further rel ief is appropriate, unless the respondent appears and establishes that: (1) the child-custody determination has not been re gistered and confirmed under section 39305 and that: (A) the issuing court did not have jurisdiction und er Article 2; (B) the child-custody determination for which enfor cement is sought has been vacated, stayed, or modified by a c ourt having jurisdiction to do so under Article 2; (C) the respondent was entitled to notice, but noti ce was not given in accordance with the standards of section 1 08, in the COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 19 proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enfor cement is sought was registered and confirmed under section 3 9304, but has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under Article 2. § 39309. Service of Petition and Order.

as registered and confirmed under section 3 9304, but has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under Article 2. § 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 law s of Guam, upon respondent and any person who has physical custody of the child. § 39310. Hearing and Order. (a) Unless the court issues a temporary emergency o rder pursuant to § 39204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that th e petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) the child-custody determination has not been re gistered and confirmed under section 39305 and that: (A) the issuing court did not have jurisdiction und er Article 2; (B) the child-custody determination for which enfor cement is sought has been vacated, stayed, or modified by a c ourt of a State having jurisdiction to do so under Article 2; or (C) the respondent was entitled to notice, but noti ce was not given in accordance with the standards of section 1 08,

modified by a c ourt of a State having jurisdiction to do so under Article 2; or (C) the respondent was entitled to notice, but noti ce was not given in accordance with the standards of section 1 08, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enfor cement is sought was registered and confirmed under section 3 9305 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 expe nses authorized under section 39312 and may grant additional relief, incl uding a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 20 (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 communication s between spouses and a defense of immunity based on the relationship of husband and

ing, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communication s 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. § 39311. Warrant to take Physical Custody of Child. (a) Upon the filing of a petition seeking enforceme nt of a child-custody determination, the petitioner may file a verified a pplication 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 remove d from Guam. (b) If the court, upon the testimony of the petitio ner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from Guam, it may issue a warrant to take p hysical custody of the child. The petition must be heard on the next judic ial day after the warrant is executed unless that date is impossible. In that ev ent, the court shall hold the hearing on the first judicial day possible. The app lication for the warrant must include the statements required by section 393 08(b).

at date is impossible. In that ev ent, the court shall hold the hearing on the first judicial day possible. The app lication for the warrant must include the statements required by section 393 08(b). (c) A warrant to take physical custody of a child m ust: (1) recite the facts upon which a conclusion of imm inent serious physical harm or removal from the jurisdiction is b ased; (2) direct law enforcement officers to take physica l 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 i s enforceable throughout Guam. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive r emedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circum stances of the case, the court may authorize law enforcement officers to mak e a forcible entry at any hour.

nter private property to take physical custody of the child. If required by exigent circum stances of the case, the court may authorize law enforcement officers to mak e 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. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 21 § 39312. Costs, Fees, and Expenses. (a) The court shall award the prevailing party, inc luding 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 inappro priate. (b) The court may not assess fees, costs, or expens es against a State unless authorized by law other than this Act. § 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 t his Act which enforces a

than this Act. § 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 t his Act which enforces a child-custody determination by a court of another S tate unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. § 39314. Appeals. An appeal may be taken from a final order in a proc eeding under this Article in accordance with expedited appellate proc edures in other civil cases. Unless the court enters a temporary emergenc y order under section 39204, the enforcing court may not stay an order en forcing a child-custody determination pending appeal. § 39315. Role of Prosecutor or Attorney General. (a) In a case arising under this Act or involving t he Hague Convention on the Civil Aspects of International Child Abducti on, the prosecutor or other appropriate public official may take any lawf ul action, including resort to a proceeding under this Article or any other ava ilable civil proceeding to locate a child, obtain the return of a child, or en force a child-custody determination if there is: (1) an existing child-custody

eding under this Article or any other ava ilable civil proceeding to locate a child, obtain the return of a child, or en force 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 ch ild-custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wro ngfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 22 (b) A prosecutor or appropriate public official act ing under this section acts on behalf of the court and may not represent a ny party. § 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 a nd assist a prosecutor or appropriate public official with responsibilities u nder section 39315. § 39317. Costs and Expenses.

ke any lawful action reasonably necessary to locate a child or a party a nd assist a prosecutor or appropriate public official with responsibilities u nder section 39315. § 39317. Costs and Expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and cost s incurred by the prosecutor or other appropriate public official and law enforcement officers under section 39315 or 39316. ---------- COL111920137 GCA CIVIL PROCEDURE CH. 39 UNIFORM CHILD -CUSTODY JURISDICTION AND ENFORCEMENT ACT 23 ARTICLE 4 MISCELLANEOUS PROVISIONS § 39401. Application and Construction. § 39402. Severability. § 39403. Transitional Provision. § 39401. Application and Construction. In applying and construing this Uniform Act, consid eration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. § 39402. Severability. If any provision of this Act or its application to an y 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 provi

umstance 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 provi sions of this Act are severable. § 39403. Transitional Provision. A motion or other request for relief made in a chil d-custody proceeding or to enforce a child-custody determination which w as commenced before the effective date of this Act is governed by the l aw in effect at the time the motion or other request was made. ---------- COL11192013