Montana Code 40-7-112. Appearance of parties and child
40-7-112. Appearance of parties and child. (1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear physically with the child.
Terms Used In Montana Code 40-7-112
- Child: means an individual who has not attained 18 years of age. 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
- 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
- Person: includes a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity. See Montana Code 40-7-103
- Physical custody: means the physical care and supervision of a child. 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)If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to 40-7-106 include a statement directing the party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to the party.
(3)The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4)If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.