Terms Used In Montana Code > Title 40 > Chapter 7 > Part 3 - Enforcement

• 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
• 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
• 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.
• 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
• Property: means real and personal property. See Montana Code 1-1-205
• 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.
• 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