Sections
Part 1 General Provisions § 40-7-101 – § 40-7-140
Part 2 Jurisdiction § 40-7-201 – § 40-7-204
Part 3 Enforcement § 40-7-301 – § 40-7-317

Terms Used In Montana Code > Title 40 > Chapter 7 - Uniform Child Custody Jurisdiction and Enforcement Act

  • Abandoned: means left without provision for reasonable and necessary care or supervision. See Montana Code 40-7-103
  • 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.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • 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.
  • 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
  • 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.
  • Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
  • 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.
  • Home state: means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Montana Code 40-7-103
  • Initial determination: means the first child custody determination concerning a particular child. See Montana Code 40-7-103
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. 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.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • 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.
  • Person: includes a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity. See Montana Code 40-7-103
  • Person acting as a parent: means a person, other than a parent, who:

    (a)has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

    (b)has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Montana Code 40-7-103

  • Physical custody: means the physical care and supervision of a child. See Montana Code 40-7-103
  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Tribe: means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state. See Montana Code 40-7-103
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Montana Code 40-7-103
  • Writing: includes printing. See Montana Code 1-1-203