40-7-136. International application. (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter.

Terms Used In Montana Code 40-7-136

  • Child: means an individual who has not attained 18 years of age. 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
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.

(3)A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.