S.B. 269

VETOES

THE COURT'S 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 SOUGHT
ESTABLISHES THAT THE ASSESSMENT WOULD BE CLEARLY INAPPROPRIATE.

(2) THE COURT MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST
THIS STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS TITLE.

9.5-209.

(A)     (1) 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 WHEREABOUTS, THE PLACES WHERE THE CHILD HAS LIVED DURING THE LAST 5
YEARS, AND THE NAMES AND PRESENT ADDRESSES OF THE PERSONS WITH WHOM
THE CHILD HAS LIVED DURING THAT PERIOD.

(2) THE PLEADING OR AFFIDAVIT MUST STATE WHETHER THE PARTY:

(I)      HAS PARTICIPATED, AS A PARTY OR WITNESS OR IN ANY OTHER
CAPACITY, IN ANY OTHER PROCEEDING CONCERNING THE CUSTODY OF OR
VISITATION WITH THE CHILD AND, IF SO, IDENTIFY THE COURT, THE CASE NUMBER,
AND THE DATE OF THE CHILD CUSTODY DETERMINATION, IF ANY;

(II)     KNOWS OF ANY PROCEEDING THAT COULD AFFECT THE
CURRENT PROCEEDING, INCLUDING PROCEEDINGS FOR ENFORCEMENT AND
PROCEEDINGS RELATING TO DOMESTIC VIOLENCE, PROTECTIVE ORDERS,
TERMINATION OF PARENTAL RIGHTS, AND ADOPTIONS AND, IF SO, IDENTIFY THE
COURT, THE CASE NUMBER, AND THE NATURE OF THE PROCEEDING; AND

(III)   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) OF THIS SECTION IS
NOT FURNISHED, THE COURT, UPON MOTION OF A PARTY OR ITS OWN MOTION, MAY
STAY THE PROCEEDING UNTIL THE INFORMATION IS FURNISHED.

(C)     (1) IF THE DECLARATION AS TO ANY OF THE ITEMS DESCRIBED IN
SUBSECTION (A)(2)(I) THROUGH (III) OF THIS SECTION IS IN THE AFFIRMATIVE, THE
DECLARANT SHALL GIVE ADDITIONAL INFORMATION UNDER OATH AS REQUIRED BY
THE COURT.

(2) 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 CASE.

(D)     EACH PARTY HAS A CONTINUING DUTY TO INFORM THE COURT OF ANY
PROCEEDING IN THIS OR ANY OTHER STATE THAT COULD AFFECT THE CURRENT
PROCEEDING.

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