Mich. Comp. Laws § 722.1101
Short title.
This act shall be known and may be cited as the "uniform child-custody jurisdiction and enforcement act".
Michigan Compiled Laws — UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (Act 195 of 2001)
Michigan · statute · 195 of 2001, Mich. Comp. Laws · 40 active provisions
Provisions
Mich. Comp. Laws § 722.1102
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 is younger than 18 years of age. (c) "Child-custody determination" means a judgment, decree, or other court order providing for legal custody, physical custody, or pare…
Mich. Comp. Laws § 722.1103
Scope of act; limitation.
This act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Mich. Comp. Laws § 722.1104
Proceeding pertaining to Indian child.
(1) A child-custody proceeding that pertains to an Indian child as defined in the Indian child welfare act of 1978, Public Law 95-608, 25 U.S.C. 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952, and 1961 to 1963, is not subject to this act to the extent that the proceeding is governed by the Indian child welfare…
Mich. Comp. Laws § 722.1105
Child-custody law or determination of foreign country.
(1) A court of this state shall treat a foreign country as a state of the United States for the purposes of applying articles 1 and 2. (2) Except as otherwise provided in subsection (3), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional…
Mich. Comp. Laws § 722.1106
Child-custody determination of this state.
A child-custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to b…
Mich. Comp. Laws § 722.1107
Jurisdiction; question; priority.
If a question of existence or exercise of jurisdiction under this act is raised in a child-custody proceeding, upon request of a party, the question must be given priority on the court calendar and handled expeditiously.
Mich. Comp. Laws § 722.1108
Notice; manner; proof of service; notice not required.
(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be b…
Mich. Comp. Laws § 722.1109
Personal jurisdiction.
(1) A party to a child-custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under article 2, a party in a proceeding to modify a child-custody determination under article 2, or a petitioner in a proceeding to enforce or register a child-custody determination under artic…
Mich. Comp. Laws § 722.1110
Communication between states; participation of parties; “record” defined.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties shall be given the opportunity to present facts an…
Mich. Comp. Laws § 722.1111
Testimony.
(1) 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 state for testimony taken in another state. The court on its…
Mich. Comp. Laws § 722.1112
Request to out-of-state court; expenses; preserving and forwarding records.
(1) A court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing. (b) Order a person to produce or give evidence under procedures of that state. (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proce…
Mich. Comp. Laws § 722.1201
Initial child-custody determination; jurisdiction.
(1) Except as otherwise provided in section 204, a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state 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 6 months bef…
Mich. Comp. Laws § 722.1202
Exclusive, continuing jurisdiction; condition; determination to decline jurisdiction; modification of child-custody determination.
(1) Except as otherwise provided in section 204, a court of this state that has made a child-custody determination consistent with section 201 or 203 has exclusive, continuing jurisdiction over the child-custody determination until either of the following occurs: (a) A court of this state determines that neither the ch…
Mich. Comp. Laws § 722.1203
Modification of out-of-state child-custody determination; requirements.
Except as otherwise provided in section 204, a court of this state shall not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial child-custody determination under section 201(1)(a) or (b) and either of the following applies: (a) The cour…
Mich. Comp. Laws § 722.1204
Temporary emergency jurisdiction; communication with out-of-state court; duration of order.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (2) If there is…
Mich. Comp. Laws § 722.1205
Notice and hearing.
(1) Before a child-custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of section 108 must be given to each person entitled to notice under the law of this state as in child-custody proceedings between residents of this state, a parent whose parental righ…
Mich. Comp. Laws § 722.1206
Commencement of out-of-state proceeding; jurisdiction; communication; dismissal of proceeding by in-state court; modification.
(1) Except as otherwise provided in section 204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a child-custody proceeding has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unle…
Mich. Comp. Laws § 722.1207
Determination of inconvenient forum.
(1) A court of this state that has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient for…
Mich. Comp. Laws § 722.1208
Unjustifiable conduct of parties; decision to decline exercise of jurisdiction; dismissal or stay; expenses.
(1) Except as otherwise provided in section 204 or by other law of this state, if a court of this state has jurisdiction under this act because a person invoking the court's jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless the court finds 1 or more of the fo…
Mich. Comp. Laws § 722.1209
Pleading or sworn statement; information.
(1) Subject to the law of this state providing for confidentiality of procedures, addresses, and other identifying information, in a child-custody proceeding, each party, in its first pleading or in an attached sworn statement, shall give information, if reasonably ascertainable, under oath as to the child's present ad…
Mich. Comp. Laws § 722.1210
Order to appear with or without child.
(1) A court of this state may order a party to a child-custody proceeding who is in this state to appear before the court personally with or without the child. The court may order a person who is in this state and who has physical custody or control of the child to appear physically with the child. (2) If a party to a…
Mich. Comp. Laws § 722.1301
“Petitioner” and “respondent” defined.
As used in this article: (a) "Petitioner" means a person who seeks enforcement of a child-custody determination or enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction. (b) "Respondent" means a person against whom a proceeding has been commenced…
Mich. Comp. Laws § 722.1302
Enforcement; temporary order.
(1) This article may be invoked to enforce 1 or both of the following: (a) A child-custody determination. (b) An order for the return of a child made under the Hague convention on the civil aspects of international child abduction. (2) A court of this state that does not have jurisdiction to modify a child-custody dete…
Mich. Comp. Laws § 722.1303
Child custody determination by out-of-state court; enforcement; remedy.
(1) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction that was in substantial conformity with this act or the child-custody determination was made under factual circumstances meeting the jurisdictional standards of this…
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