Montana Code 40-7-107. Simultaneous proceedings
40-7-107. Simultaneous proceedings. (1) Except as otherwise provided in 40-7-204, a court of this state may not exercise its jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and 40-7-201 through 40-7-203 if at the time of commencement of the proceeding a proceeding concerning the custody of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 40-7-108.
Terms Used In Montana Code 40-7-107
- Child: means an individual who has not attained 18 years of age. See Montana Code 40-7-103
- 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 Montana Code 40-7-103
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See Montana Code 40-7-103
- Commencement: means the filing of the first pleading in a proceeding. See Montana Code 40-7-103
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Montana Code 40-7-103
- 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.
- 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 Montana Code 40-7-103
- 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 Montana Code 40-7-103
(2)Except as otherwise provided in 40-7-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to 40-7-110. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3)In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(a)stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b)enjoin the parties from continuing with the proceeding for enforcement; or
(c)proceed with the modification under conditions that it considers appropriate.