Wash. Rev. Code § 26.27.011
Short title
ARTICLE 1 GENERAL PROVISIONS This chapter may be cited as the uniform child custody jurisdiction and enforcement act.
Revised Code of Washington Chapter 26.27 — Uniform Child Custody Jurisdiction and Enforcement Act
Washington · statute · Wash. Rev. Code ch. 26.27 · 42 active provisions
Wash. Rev. Code § 26.27.021
Definitions
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.(2) "Child" means an individual who has not attained eighteen years of age.(3) "Child custody determination" means a…
Wash. Rev. Code § 26.27.031
Proceedings governed by other law
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Wash. Rev. Code § 26.27.041
Application to Indian tribes
(1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., is not subject to this chapter to the extent that it is governed by the federal Indian child welfare act.(2) A court of this state shall treat a tribe as if it were a state of…
Wash. Rev. Code § 26.27.051
International application of chapter
(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.(2) Except as otherwise provided in subsection (3) or (4) of this section, a child custody determination made in a foreign country under factual circumstances in substantial co…
Wash. Rev. Code § 26.27.061
Effect of child custody determination
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with RCW 26.27.081 or who have submitted to the jurisdiction of the court, and who have been given an opportunit…
Wash. Rev. Code § 26.27.071
Priority
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon proper motion, must be given priority on the calendar and handled expeditiously.
Wash. Rev. Code § 26.27.081
Notice to persons outside state
(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed for service of process by the law of the state in which the service is made or given in a manner reasonably calculated to give actual notice, and may be made in any of the following ways:(a) Pers…
Wash. Rev. Code § 26.27.091
Appearance and limited immunity
(1) Except as provided in subsection (2) of this section, 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 state for another proceeding or purpos…
Wash. Rev. Code § 26.27.101
Communication between courts
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.(2) 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 leg…
Wash. Rev. Code § 26.27.111
Taking testimony in another state
(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…
Wash. Rev. Code § 26.27.121
Cooperation between courts—Preservation of records
(1) A court of this state may request the appropriate court of another state to:(a) Hold an evidentiary hearing;(b) Order a person to produce or give evidence pursuant to procedures of that state;(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;(d) Forward to…
Wash. Rev. Code § 26.27.201
Initial child custody jurisdiction
ARTICLE 2 JURISDICTION (1) Except as otherwise provided in RCW 26.27.231, a court of this state has jurisdiction to make an initial child custody determination only if:(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 six months be…
Wash. Rev. Code § 26.27.211
Exclusive, continuing jurisdiction
(1) Except as otherwise provided in RCW 26.27.231, a court of this state that has made a child custody determination consistent with RCW 26.27.201 or 26.27.221 has exclusive, continuing jurisdiction over the determination until:(a) A court of this state determines that neither the child, the child's parents, and any pe…
Wash. Rev. Code § 26.27.221
Jurisdiction to modify determination
Except as otherwise provided in RCW 26.27.231, a court of this state may 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 determination under RCW 26.27.201(1) (a) or (b) and:(1) The court of the other state determines it no longer…
Wash. Rev. Code § 26.27.231
Temporary emergency jurisdiction
(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 abuse.(2) If there is no previous child…
Wash. Rev. Code § 26.27.241
Notice—Opportunity to be heard—Joinder
(1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of RCW 26.27.081 must be given to: (a) All persons entitled to notice under the law of this state as in child custody proceedings between residents of this state; (b) any parent wh…
Wash. Rev. Code § 26.27.251
Simultaneous proceedings
(1) Except as otherwise provided in RCW 26.27.231, a court of this state 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 confor…
Wash. Rev. Code § 26.27.261
Inconvenient forum
(1) A court of this state which has jurisdiction under this chapter 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 inconvenien…
Wash. Rev. Code § 26.27.271
Jurisdiction declined by reason of conduct
(1) Except as otherwise provided in RCW 26.27.231 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:(a) The parents and all pers…
Wash. Rev. Code § 26.27.281
Information to be submitted to court
(1) Subject to laws 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 whereabout…
Wash. Rev. Code § 26.27.291
Appearance of parties and child
(1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.…
Wash. Rev. Code § 26.27.401
Definitions
ARTICLE 3 ENFORCEMENT The definitions in this section apply throughout this article, unless the context clearly requires otherwise.(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…
Wash. Rev. Code § 26.27.411
Enforcement under Hague Convention
Under this article a court of this state 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.
Wash. Rev. Code § 26.27.421
Duty to enforce
(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 in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the de…
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