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Session Laws, 1984
Volume 759, Page 2100   View pdf image
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2100

LAWS OF MARYLAND

Ch. 296

IF THE PETITIONER FOR AN INITIAL DECREE HAS WRONGFULLY TAKEN
THE CHILD FROM ANOTHER STATE OR HAS ENGAGED IN SIMILAR
REPREHENSIBLE CONDUCT, THE COURT MAY DECLINE TO EXERCISE
JURISDICTION IF THIS IS JUST AND PROPER UNDER THE CIRCUMSTANCES.

(B)  EXISTING DECREE.

UNLESS REQUIRED IN THE INTEREST OF THE CHILD, THE COURT
SHALL NOT EXERCISE ITS JURISDICTION TO MODIFY A CUSTODY DECREE OF
ANOTHER STATE IF THE PETITIONER, WITHOUT CONSENT OF THE PERSON
ENTITLED TO CUSTODY, HAS IMPROPERLY REMOVED THE CHILD FROM THE
PHYSICAL CUSTODY OF THE PERSON ENTITLED TO CUSTODY OR HAS
IMPROPERLY RETAINED THE CHILD AFTER A VISIT OR OTHER TEMPORARY
RELINQUISHMENT OF PHYSICAL CUSTODY. IF THE PETITIONER HAS
VIOLATED ANY OTHER PROVISION OF A CUSTODY DECREE OF ANOTHER
STATE, THE COURT MAY DECLINE TO EXERCISE ITS JURISDICTION IF THIS
IS JUST AND PROPER UNDER THE CIRCUMSTANCES.

(C)  ASSESSMENTS OF EXPENSES AND FEES.

IN APPROPRIATE CASES, A COURT DISMISSING A PETITION UNDER
THIS SECTION MAY CHARGE THE PETITIONER WITH NECESSARY TRAVEL AND
OTHER EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY OTHER
PARTIES OR THEIR WITNESSES.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 190.

No changes* are made.

Defined terms: "Decree" or "Custody decree" § 9-201
"Including" § 1-101 "Initial decree" 5 9-201
"Physical custody" § 9-201 "State" § 1-101

9-209. PROVIDING INFORMATION AS TO CHILD.

(A) IN INITIAL PLEADING.

EVERY PARTY IN A CUSTODY PROCEEDING IN THE PARTY'S FIRST
PLEADING OR IN AN AFFIDAVIT ATTACHED TO THAT PLEADING SHALL GIVE
INFORMATION UNDER OATH AS TO THE CHILD'S PRESENT ADDRESS, THE
PLACES WHERE THE CHILD HAS LIVED WITHIN THE LAST 5 YEARS, AND THE
NAMES AND PRESENT ADDRESSES OF THE PERSONS WITH WHOM THE CHILD
HAS LIVED DURING THAT PERIOD. IN THIS PLEADING OR AFFIDAVIT
EVERY PARTY SHALL FURTHER DECLARE UNDER OATH WHETHER:

(1)  THE PARTY HAS PARTICIPATED AS A PARTY, WITNESS,
OR IN ANY OTHER CAPACITY IN ANY OTHER LITIGATION CONCERNING THE
CUSTODY OF THE SAME CHILD IN THIS OR ANY OTHER STATE;

(2)  THE PARTY HAS INFORMATION OF ANY CUSTODY
PROCEEDING CONCERNING THE CHILD PENDING IN A COURT OF THIS OR ANY
OTHER STATE; AND

 

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Session Laws, 1984
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