Maine Revised Statutes > Title 19-A > Part 3 > Chapter 58 – Uniform Child Custody Jurisdiction and Enforcement Act

		Sections
Subchapter 1	General Provisions	1731 – 1742
Subchapter 2	Jurisdiction	1745 – 1754
Subchapter 3	Enforcement	1761 – 1777
Subchapter 4	Miscellaneous Provisions	1781 – 1783

Terms Used In Maine Revised Statutes > Title 19-A > Part 3 > Chapter 58 - Uniform Child Custody Jurisdiction and Enforcement Act

Abandoned: means left without provision for reasonable and necessary care or supervision. See Maine Revised Statutes Title 19-A Sec. 1732
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Maine Revised Statutes Title 9-B Sec. 131
Agency: means a branch office of a financial institution at which all or part of the business of the institution is conducted, but the records pertaining to such business are maintained at another office of the institution, and not at such agency office. See Maine Revised Statutes Title 9-B Sec. 131
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 979-A
Branch: means any office of a financial institution, including a credit union, where the business of banking is conducted other than the institution's main office. See Maine Revised Statutes Title 9-B Sec. 131
Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131
capital: means the sum of common stock, paid-in common stock surplus, perpetual preferred stock, undivided profits and other capital reserves; [PL 1997, c. See Maine Revised Statutes Title 9-B Sec. 131
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 19-A Sec. 1732
Child custody determination: means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. See Maine Revised Statutes Title 19-A Sec. 1732
Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Maine Revised Statutes Title 19-A Sec. 1732
Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
Commencement: means the filing of the first pleading in a proceeding. See Maine Revised Statutes Title 19-A Sec. 1732
Commercial activity: means any activity in which a bank holding company, a financial holding company, a national bank or a national bank financial subsidiary may not engage under federal law. See Maine Revised Statutes Title 9-B Sec. 131
Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
Committee: means a joint legislative committee established to oversee program evaluation and government accountability matters. See Maine Revised Statutes Title 3 Sec. 992
Compensatory damages: includes , but is not limited to, past and future medical expenses, lost earnings, pain, suffering, mental anguish, emotional distress and loss of enjoyment of life. See Maine Revised Statutes Title 14 Sec. 8305
Contract: A legal written agreement that becomes binding when signed.
Cooperative financial institution: means any financial institution organized pursuant to chapter 32 in which the earnings and net worth of the institution inure to the ultimate benefit of the members. See Maine Revised Statutes Title 9-B Sec. 131
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1732
Credit card: means a credit device by which a cardholder obtains loans or otherwise obtains credit from the card issuer or other persons authorized to extend such credit by the card issuer or his agent. See Maine Revised Statutes Title 9-B Sec. 131
Credit union: means a cooperative, nonprofit corporation organized pursuant to Part 8, or under corresponding provisions of any earlier law, and subject to the conditions and limitations as shall be set forth in Part 8. See Maine Revised Statutes Title 9-B Sec. 131
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Demand letter: means a letter, an e-mail or other written communication asserting that a target has engaged in patent infringement. See Maine Revised Statutes Title 14 Sec. 8701
Dependent: A person dependent for support upon another.
Deposit production offices: means the Maine offices operated by an individual financial institution authorized to do business in this State or individual credit union authorized to do business in this State that do not reasonably help meet the credit needs of Maine communities. See Maine Revised Statutes Title 9-B Sec. 131
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
deposits: includes credit union share accounts. See Maine Revised Statutes Title 9-B Sec. 131
Director: means the Director of the Office of Program Evaluation and Government Accountability. See Maine Revised Statutes Title 3 Sec. 992
Director: means a member of the governing body of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131
Docket: A log containing brief entries of court proceedings.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Federal association: means a savings and loan association, savings bank or other financial institution organized pursuant to the Act of Congress entitled "Home Owners' Loan Act of 1933" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Financial institution: means a universal bank or limited purpose bank organized under the provisions of this Title, and a trust company, nondepository trust company, savings bank, industrial bank or savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131
Financial institution holding company: means any company which is deemed to be a holding company pursuant to the provisions contained in chapter 101. See Maine Revised Statutes Title 9-B Sec. 131
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Governing body: means the body that oversees the affairs of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
His: as used in this Title , means "his or her;" while "he" means "he or she. See Maine Revised Statutes Title 9-B Sec. 131
Home state: means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Maine Revised Statutes Title 19-A Sec. 1732
in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
Initial determination: means the first child custody determination concerning a particular child. See Maine Revised Statutes Title 19-A Sec. 1732
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurance product: means a contract of insurance that is offered for sale by a licensed agent or broker. See Maine Revised Statutes Title 9-B Sec. 131
Interested party: means a person having a substantial interest in, or who is or may be aggrieved by, any act or impending act, or any report, rule, regulation, amendment, decision or order of the superintendent. See Maine Revised Statutes Title 9-B Sec. 131
Investor: means any person who has an ownership interest in a financial institution and is entitled to vote under the institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131
Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Maine Revised Statutes Title 19-A Sec. 1732
Issuing state: means the state in which a child custody determination is made. See Maine Revised Statutes Title 19-A Sec. 1732
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
Modification: means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Maine Revised Statutes Title 19-A Sec. 1732
Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
Mutual voter: means a corporator or member as described in chapter 32. See Maine Revised Statutes Title 9-B Sec. 131
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
National bank: means a bank or bank and trust company organized pursuant to the Act of Congress entitled "The National Bank Act" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Nondepository trust company: means any financial institution organized under chapter 121 with powers generally limited to trust or fiduciary matters. See Maine Revised Statutes Title 9-B Sec. 131
Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
Oath: A promise to tell the truth.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the Office of Program Evaluation and Government Accountability established in section 991. See Maine Revised Statutes Title 3 Sec. 992
Officer: means an employee of a financial institution who has been given managerial or other high-level duties by the governing body of the financial institution. See Maine Revised Statutes Title 9-B Sec. 131
Organizational document: means the charter, certificate of organization, articles of incorporation, articles of association, articles of organization, certificate of limited liability partnership, bylaws, operating agreement, partnership agreement or any other similar document required to be filed with and approved by the superintendent pursuant to section 314?A or 323. See Maine Revised Statutes Title 9-B Sec. 131
Other entity: means any public or private entity in this State that may be subject to program evaluation under this chapter as the result of its receipt or expenditure of public funds. See Maine Revised Statutes Title 3 Sec. 992
Out-of-state: means a foreign country or a state other than this State. See Maine Revised Statutes Title 9-B Sec. 131
Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. See Maine Revised Statutes Title 19-A Sec. 1732
Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity. See Maine Revised Statutes Title 14 Sec. 8701
Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131
Person acting as a parent: means a person, other than a parent, who:

A. See Maine Revised Statutes Title 19-A Sec. 1732

Personal property: All property that is not real property.

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 child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761

Physical custody: means the physical care and supervision of a child. See Maine Revised Statutes Title 19-A Sec. 1732

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Policy committee: means the joint standing committee of the Legislature having jurisdiction over taxation matters. See Maine Revised Statutes Title 3 Sec. 992

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Probate: Proving a will

Program evaluation: means an examination of any government program that includes performance audits, management analysis, inspections, operations, research or examinations of efficiency, effectiveness or economy or the evaluation of any tax expenditure required under this chapter. See Maine Revised Statutes Title 3 Sec. 992

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public employee: means a person employed by the State, a county, a municipality or any entity identified in statute as a public instrumentality. See Maine Revised Statutes Title 14 Sec. 8601

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public official: means a person elected or appointed to a public office. See Maine Revised Statutes Title 14 Sec. 8601

Quorum: The number of legislators that must be present to do business.

Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recordable instrument: means any lien or encumbrance, the false filing of which is identified as a crime under Title 17?A, section 706?A. See Maine Revised Statutes Title 14 Sec. 8601

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:

A. See Maine Revised Statutes Title 12 Sec. 10001

Respondent: means a person against whom a proceeding has been commenced for 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 child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Satellite facility: means any facility, automated device or electronic terminal established by a financial institution authorized to do business in this State or a credit union authorized to do business in this State at which an existing financial institution or credit union customer may initiate banking transactions, including, but not limited to, cash deposits to and withdrawals from that customer's account, cash advances on a preauthorized credit line, transfers between deposit or share accounts or payment transfers from the customer's account to accounts of other financial institution or credit union customers. See Maine Revised Statutes Title 9-B Sec. 131

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Share account: includes , but is not limited to, accounts such as share, share draft and term share accounts. See Maine Revised Statutes Title 9-B Sec. 131

Sociological composition: means the reflection of broad social and economic characteristics of the communities in which a mutual financial institution derives a substantial part of its deposit and loan business. See Maine Revised Statutes Title 9-B Sec. 131

State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 19-A Sec. 1732

State agency: means each state board, commission, department, program, office or institution, educational or otherwise, of this State. See Maine Revised Statutes Title 3 Sec. 992

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Subsidiary: means a corporation, partnership, business trust, association or similar organization, all of which are referred to in this subsection as "another company" owned or controlled by a financial institution or financial institution holding company. See Maine Revised Statutes Title 9-B Sec. 131

Summons: Another word for subpoena used by the criminal justice system.

Superintendent: means the Superintendent of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131

Target: means a person:

(1) Who has received a demand letter;

(2) Against whom a lawsuit has been filed alleging patent infringement; or

(3) Whose customers have received a demand letter asserting that the person's product, service or technology has infringed a patent. See Maine Revised Statutes Title 14 Sec. 8701

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Thrift institution: means a savings bank or a savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Tribe: means an Indian tribe or band or an Alaskan Native village recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 19-A Sec. 1732

Trustee: A person or institution holding and administering property in trust.

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Universal bank: means an investor-owned institution or a mutual financial institution authorized by its organizational documents to exercise all the powers granted in Part 4 and includes a trust company, a savings bank and a savings and loan association chartered by special act of the Legislature, established prior to October 1, 1975 or established pursuant to this Title. See Maine Revised Statutes Title 9-B Sec. 131

Venue: The geographical location in which a case is tried.

Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Maine Revised Statutes Title 19-A Sec. 1732

Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001

Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72