(a) Except, as otherwise provided in subsection (e), in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of the present address or whereabouts of a party or child, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
(Act 99-438, p. 866, §1.)
Notes of Decisions
Ex Parte Davis, 2100515 (ala.civ.app. 10-7-2011), 82 So. 3d 695 (Ala. Civ. App. 2011).
· cites it 4× ““(b) Except as otherwise provided in Section 30-BB-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the court determines that…”
Davis v. Self, 960 F. Supp. 2d 1276 (N.D. Ala. 2013).
· cites it 6× “Code 1975], *1297 “(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the…”
A.K. v. N.B., 66 So. 3d 249 (Ala. 2010).
· cites it 3× “argued that the mother’s failure to comply with the pleading requirements of the UCCJEA, which are set forth in Ala.Code 1975, § 30-3B-209, required that the mother's September 2006 petition be dismissed.”
M.B.L. v. G.G.L., 1 So. 3d 1048 (Ala. Civ. App. 2008).
· cites it 3× “” Ala.Code 1975, § 30-3B-209(a)(2). Neither DHR nor the father, by pleading or by affidavit, identified the Florida divorce proceedings that had originally addressed the custody of the child, nor any modification or enforcement proceedings subsequent to that divorce.”
Fordham v. Siderius, 144 So. 3d 319 (Ala. 2013).
“During the August 30 hearing, Sid-erius moved to dismiss Fordham’s complaint because he had not provided an affidavit of custody as required by § 30-3B-209, Ala.Code 1975. Siderius argued that the proceeding fell under the UC-CJEA as an initial custody proceeding.”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“Section § 30-3B-206(b) states: “(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court…”
Garrett v. Williams, 68 So. 3d 846 (Ala. Civ. App. 2011).
“e appropriate court in this state: “(1) A letter or other document requesting registration; “(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the…”
Fuller v. Fuller, 51 So. 3d 1053 (Ala. Civ. App. 2010).
““(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court determines that a child custody…”
Pierce v. Pierce, 50 So. 3d 447 (Ala. Civ. App. 2010).
““(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court determines that a child custody…”
Holloway v. Holloway, 218 So. 3d 853 (Ala. Civ. App. 2016).
““(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209. If the court determines that a child custody…”
R.W. v. G.W., 2 So. 3d 869 (Ala. Civ. App. 2008).
“e appropriate court in this state: “(1) A letter or other document requesting registration; "(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the…”
A.K. v. N.B., 66 So. 3d 242 (Ala. Civ. App. 2008).
· cites it 2× “, to be provided in custody proceedings (see Ala.Code 1975, § 30-3B-209). Substantively, A.”
— Ala. Code § 30-3B-209(a) — 2 cases
Ex Parte Davis, 2100515 (ala.civ.app. 10-7-2011), 82 So. 3d 695 (Ala. Civ. App. 2011).
““(b) Except as otherwise provided in Section 30-BB-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the court determines that…”
Davis v. Self, 960 F. Supp. 2d 1276 (N.D. Ala. 2013).
“Code 1975], *1297 “(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the…”
— Ala. Code § 30-3B-209(a)(2) — 2 cases
M.B.L. v. G.G.L., 1 So. 3d 1048 (Ala. Civ. App. 2008).
“” Ala.Code 1975, § 30-3B-209(a)(2). Neither DHR nor the father, by pleading or by affidavit, identified the Florida divorce proceedings that had originally addressed the custody of the child, nor any modification or enforcement proceedings subsequent to that divorce.”
— Ala. Code § 30-3B-209(b) — 2 cases
Ex Parte Davis, 2100515 (ala.civ.app. 10-7-2011), 82 So. 3d 695 (Ala. Civ. App. 2011).
““(b) Except as otherwise provided in Section 30-BB-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the court determines that…”
Davis v. Self, 960 F. Supp. 2d 1276 (N.D. Ala. 2013).
“Code 1975], *1297 “(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 30-3B-209[, Ala.Code 1975]. If the…”
— Ala. Code § 30-3B-209(d) — 2 cases
M.B.L. v. G.G.L., 1 So. 3d 1048 (Ala. Civ. App. 2008).
“” Ala.Code 1975, § 30-3B-209(a)(2). Neither DHR nor the father, by pleading or by affidavit, identified the Florida divorce proceedings that had originally addressed the custody of the child, nor any modification or enforcement proceedings subsequent to that divorce.”
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