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Session Laws, 1975
Volume 716, Page 1347   View pdf image
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MARVIN MANDEL, Governor

1347

HEARD, AS TO THESE PARTIES THE CUSTODY DECREE IS
CONCLUSIVE AS TO ALL ISSUES OF LAW AND FACT DECIDED AND
AS TO THE CUSTODY DETERMINATION MADE UNLESS AND UNTIL
THAT DETERMINATION IS MODIFIED PURSUANT TO LAW, INCLUDING
THE PROVISIONS OF THIS SUBTITLE.

[[3-10123] 195,

THE COURTS OF THIS STATE SHALL RECOGNIZE AND ENFORCE
AN INITIAL OR MODIFICATION DECREE OF A COURT OF ANOTHER
STATE WHICH HAD ASSUMED JURISDICTION UNDER STATUTORY
PROVISIONS SUBSTANTIALLY IN ACCORDANCE WITH THIS
SUBTITLE, OR WHICH WAS MADE UNDER FACTUAL CIRCUMSTANCES
MEETING THE JURISDICTIONAL STANDARDS OF THE SUBTITLE, SO
LONG AS THIS DECREE HAS NOT BEEN MODIFIED IN ACCORDANCE
WITH JURISDICTIONAL STANDARDS SUBSTANTIALLY SIMILAR TO
THOSE OF THIS SUBTITLE.

[[3-1013]] 196.

(A)         IF A COURT OF ANOTHER STATE HAS MADE A CUSTODY
DECREE, A COURT OF THIS STATE SHALL NOT MODIFY THAT
DECREE UNLESS (1) IT APPEARS TO THE COURT OF THIS STATE
THAT THE COURT WHICH RENDERED THE DECREE DOES NOT NOW
HAVE JURISDICTION UNDER JURISDICTIONAL PREREQUISITES
SUBSTANTIALLY IN ACCORDANCE WITH THIS SUBTITLE OR HAS
DECLINED TO ASSUME JURISDICTION TO MODIFY THE DECREE AND
(2) THE COURT OF THIS STATE HAS JURISDICTION.

(B)         IF A COURT OF THIS STATE IS AUTHORIZED UNDER
SUBSECTION (A) AND SECTION [[3-1007]] 186 TO MODIFY A
CUSTODY DECREE OF ANOTHER STATE, IT SHALL GIVE DUE
CONSIDERATION TO THE TRANSCRIPT OF THE RECORD AND OTHER
DOCUMENTS OF ALL PREVIOUS PROCEEDINGS SUBMITTED TO IT IN
ACCORDANCE WITH SECTION [[234]] 204.

[[3-1014]] 197.

(A)    A CERTIFIED COPY OF A CUSTODY DECREE OF
ANOTHER STATE MAY BE FILED IN THE OFFICE OF THE CLERK OF
ANY CIRCUIT COURT OF ANY COUNTY OR THE APPROPRIATE COURT
OF THE SUPREME BENCH OF BALTIMORE CITY. THE CLERK SHALL
TREAT THE DECREE IN THE SAME MANNER AS A CUSTODY DECREE
OF SUCH COURT. A CUSTODY DECREE SO FILED HAS THE SAME
EFFECT AND SHALL BE ENFORCED IN LIKE MANNER AS A CUSTODY
DECREE RENDERED BY A COURT OF THIS STATE.

(B)    A PERSON VIOLATING A CUSTODY DECREE OF ANOTHER
STATE WHICH MAKES IT NECESSARY TO ENFORCE THE DECREE IN
THIS STATE MAY BE REQUIRED TO PAY NECESSARY TRAVEL AND
OTHER EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY
THE PARTY ENTITLED TO THE CUSTODY OR HIS WITNESSES.

[[3-1015]] 198.

 

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Session Laws, 1975
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