(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs or expenses against a state unless authorized by law other than the Uniform Child-Custody Jurisdiction and Enforcement Act.
History: Laws 2001, ch. 114, ยง 312.
Structure 2021 New Mexico Statutes
Section 40-10A-301 - Definitions.
Section 40-10A-302 - Enforcement under Hague Convention.
Section 40-10A-303 - Duty to enforce.
Section 40-10A-304 - Temporary visitation.
Section 40-10A-305 - Registration of child-custody determination.
Section 40-10A-306 - Enforcement of registered determination.
Section 40-10A-307 - Simultaneous proceedings.
Section 40-10A-308 - Expedited enforcement of child-custody determination.
Section 40-10A-309 - Service of petition and order.
Section 40-10A-310 - Hearing and order.
Section 40-10A-311 - Warrant to take physical custody of child.
Section 40-10A-312 - Costs, fees and expenses.
Section 40-10A-313 - Recognition and enforcement.
Section 40-10A-315 - Role of prosecutor or public official.