(a) Except as otherwise provided in section 46b-115n, if at the time of the commencement of the proceeding in this state a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction pursuant to a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, a court of this state shall not exercise jurisdiction. A court of this state may exercise jurisdiction if the proceeding in the other state has been terminated or is stayed by the court of the other state because such court has determined pursuant to a provision substantially similar to section 46b-115q, that a court in this state is a more convenient forum.
(b) Except as otherwise provided in section 46b-115n, the court shall, after review of relevant information provided to it, determine whether a child custody proceeding has been commenced in another state. If such proceeding has been commenced, the court in this state shall take appropriate action to communicate with the other court and to resolve which court shall have jurisdiction. If the court of this state determines that the court of the other state has jurisdiction pursuant to a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, the court of this state shall stay its proceeding while the court of the other state determines whether the court of this state is the more appropriate forum. If the court of the other state determines that the court of this state is not a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) Except as otherwise provided in section 46b-115n, the court, in a proceeding to modify a child custody determination, shall after review of relevant information provided to it, determine whether a proceeding to enforce the determination has been commenced in another state. If the court determines that such enforcement proceeding has commenced, the court may (1) stay the proceeding for modification pending the entry of an order of the court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate.
(d) Except as otherwise provided in section 46b-115n, the court, in a proceeding to enforce a child custody determination, shall proceed, with regard to simultaneous proceedings, in accordance with the provisions of section 46b-115z.
(P.A. 99-185, S. 17, 40.)
History: P.A. 99-185 effective July 1, 2000.
Structure Connecticut General Statutes
Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.
Section 46b-115a. - Definitions.
Section 46b-115b. - Proceedings governed by other law.
Section 46b-115c. - Application to Indian tribes.
Section 46b-115d. - International application of chapter.
Section 46b-115e. - Effect of child custody determination.
Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.
Section 46b-115h. - Communication between courts.
Section 46b-115i. - Taking testimony in another state.
Section 46b-115j. - Cooperation between courts; preservation of records.
Section 46b-115k. - Initial child custody jurisdiction.
Section 46b-115l. - Jurisdiction.
Section 46b-115m. - Modification of custody determination of another state.
Section 46b-115n. - Temporary emergency jurisdiction.
Section 46b-115o. - Notice and opportunity to be heard; joinder.
Section 46b-115p. - Simultaneous proceedings.
Section 46b-115q. - Inconvenient forum.
Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.
Section 46b-115s. - Information required by the court.
Section 46b-115t. - Appearance of parties and child.
Section 46b-115u. - Definitions.
Section 46b-115v. - Enforcement under Hague Convention.
Section 46b-115w. - Registration of child custody determination.
Section 46b-115x. - Enforcement of child custody determination.
Section 46b-115y. - Temporary visitation order.
Section 46b-115z. - Simultaneous proceedings.
Section 46b-115aa. - Expedited enforcement of child custody determination.
Section 46b-115bb. - Service of petition and order.
Section 46b-115cc. - Hearing and order.
Section 46b-115dd. - Order to take physical custody of child.
Section 46b-115ee. - Costs, fees and expenses.
Section 46b-115ff. - Recognition and enforcement of order issued by another state.
Section 46b-115hh. - Definitions.