Vote Smart's Synopsis:

Vote to pass a bill that amends various laws relating to child custody in Massachusetts

Highlights:

• Exempts proceedings about the emergency medical care of children, the adoption of children, and Indian children from the following provisions (Sec. 1).

• Specifies that tribes and foreign countries shall be treated as states for the following provisions (Sec. 1).

• Specifies the binding nature of child-custody determinations issued by courts, tribes, and countries with jurisdiction (Sec. 1).

• Establishes procedural preference for questions of jurisdiction and specifies how jurisdiction and service of process are to be determined (Sec. 1).

• Authorizes a state court to exercise temporary jurisdiction if the child is subject to the proceedings: (Sec. 1)

• Resides within the state; and

• Faces certain threats to their health or safety.

• Authorizes a state court to issue certain temporary enforcement orders relating to determinations in which it does not have jurisdiction (Sec. 1). 

• Specifies that determinations and orders issued under the aforementioned provision shall remain in effect until a court order establishes an alternative jurisdiction or upon specified expiration (Sec. 1).

• Requires that certain notice be given to parties not residing in the state jurisdiction (Sec. 1).

• Establishes various procedures and requirements relating to records, communications, and requests issued between jurisdictions (Sec. 1).

• Specifies that certain records are to be maintained until the child subject to the proceedings reaches 18 years of age and requires that the court issue such records upon official request (Sec. 1).

• Authorizes the remote testimony of witnesses residing in other states (Sec. 1).

• Prohibits documentary evidence upon an objection based on the means of transmission (Sec. 1).

• Requires that parties privy to the proceedings be notified of certain filings and determinations (Sec. 1).

• Prohibits the enforcement of the aforementioned provisions without proper notice and the opportunity for individuals having custody of the child subject to the proceedings to be heard (Sec. 1).

• Prohibits simultaneous proceedings and requires that a state court make certain efforts to ensure simultaneous proceedings do not occur (Sec. 1).

• Authorizes a state court to decline its jurisdiction should it determine another state to be a more appropriate forum and specifies the process through which such a determination is to be made (Sec. 1).

• Authorizes a state court to decline its jurisdiction in the event of unjustifiable conduct on behalf of a party seeking to invoke its jurisdiction (Sec. 1).

• Authorizes courts to take certain actions and issue specified remedies upon declining jurisdiction (Sec. 1).

• Specifies the information that is to be provided by the parties through the filing of pleadings and affidavits (Sec. 1).

• Authorizes a court to stay a proceeding until all required information has been provided and authorizes a court to examine the aforementioned information and compel additional information under oath (Sec. 1).

• Establishes a continuing duty of the parties to inform the court of any proceeding which could affect the current proceeding (Sec. 1).

• Requires that courts seal information that a party alleges could jeopardize the health, safety, or liberty of themselves or the child subject to the proceeding (Sec. 1).

• Authorizes a court to compel the appearance of a party with or without the child subject to the proceeding (Sec. 1).

• Authorizes a court to inform a party that the failure to appear as directed may result in a decision adverse to said party (Sec. 1).

• Authorizes a court to require a party to pay the reasonable travel and other expenses of another party residing outside of state jurisdiction who is compelled to appear and desires to appear in person (Sec. 1).

• Requires that the state recognize and enforce determinations and related orders issued by other states in substantial conformity with the aforementioned provisions, or if certain jurisdictional standards have been met (Sec. 1).

• Prohibits the state from modifying such determinations (Sec. 1).

• Specifies the procedures through which such a determination may be registered with the state (Sec. 1).

• Requires that the parties named in the aforementioned determination be notified of such a filing and authorizes the parties to contest the registration within 20 days (Sec. 1).

• Specifies the process through which contests are to be settled and specifies that uncontested registration filings are to become law (Sec. 1).

• Establishes procedures and requirements relating to the filing and notification of complaints and petitions (Sec. 1).

• Authorizes appeals (Sec. 1).

• Authorizes the court to take certain actions concerning complaints and petitions and requires specified expediency in their consideration (Sec. 1). 

• Authorizes the prevailing party to take immediate custody of the child subject to the proceedings upon a finding in their favor, except under specified exceptions (Sec. 1).

• Establishes procedures and requirements relating to the issuance of warrants to take physical custody of the child subject to the proceedings (Sec. 1).

• Authorizes a court to award the prevailing party reasonable expenses incurred (Sec. 1).

• Specifies that motions, requests, and determinations issued before December 31, 2025, shall be governed by the law in effect upon their passage or issuance (Sec. 2).

• Specifies that the aforementioned provisions shall take effect December 31, 2025 (Sec. 3).

Full Bill Text