| (1) |
A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under 2, a party in a proceeding to modify a child custody determination under 2, or a petitioner in a proceeding to enforce or register a child custody determination under 3, may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose. |
Terms Used In Utah Code 78B-13-109
- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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 Utah Code 78B-13-102
| (2) |
A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this chapter. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, service of process allowable under the laws of that state may be accomplished in this state. |
| (3) |
The immunity granted by this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state. |
Renumbered and Amended by Chapter 3, 2008 General Session
