Ark. Code Ann. » Title 9 Chapter 19
Arkansas Code Annotated

Ark. Code Ann. § 9-19-209 (2020)

Information to be submitted to court

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. 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 (5) 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.
  2. If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
  3. If the declaration as to any of the items described in subdivisions (a)(1)-(3) of this section 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.
  4. 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.
  5. 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 identifying information, 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.

History. Acts 1999, No. 668, § 209.

Case Notes

Jurisdiction Proper.

Court acted correctly when it continued to exercise subject-matter jurisdiction in a termination of parental rights case, and such jurisdiction existed when the termination order was entered. In the absence of any competing custody order or petition in Louisiana, the provisions of § 9-19-204(b) applied, and Arkansas then became the home state of the children. Davis v. Ark. Dep't of Health & Human Servs., 98 Ark. App. 275, 254 S.W.3d 762 (2007).

Cited: Ark. Dep't of Human Servs. v. Cox, 349 Ark. 205, 82 S.W.3d 806 (2002).

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2002–2022 · leading case: Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002).
Sort: Relevance Newest Treatment
Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002). · cites it 4× “§ 9-19-305(a)(3) and § 9-19-209 (Repl.2002); 28 U.S.C. § 1738A(e).”
Davis v. Arkansas Dep't of Health & Human Servs., 254 S.W.3d 762 (Ark. Ct. App. 2007). · cites it 4× “In addition, Arkansas Code Annotated section 9-19-209 (Repl. 2002), requires the parties to identify the court, case number, and date of any prior child-custody determination, if any.”
Harter v. Szykowny, 2014 Ark. App. 701, 451 S.W.3d 215. “circuit court in this state: (1) a letter or other document requesting registration; (2) two (2) copies, including one (1) 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…”
MacArena Trevino v. Arkansas Dep't of Human Servs. & Minor Child., 2022 Ark. App. 182, 645 S.W.3d 19. · cites it 4× “No competing custody order was ever identified in accordance with Ark. Code Ann. § 9-19-209 . Trevino does not contest that the circuit court had valid temporary emergency jurisdiction, and the UCCJEA does not require a circuit court that has assumed temporary jurisdiction to…”
Bridges v. Bridges, 219 S.W.3d 699 (Ark. Ct. App. 2005). “(b) Except as otherwise provided in § 9-19-204, 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 § 9-19-209. If the court determines that a child-custody proceeding has…”
Ullrich v. Walsh, 373 S.W.3d 413 (Ark. Ct. App. 2010). “The pertinent law states: Except as otherwise provided in § 9-19-204, 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 § 9-19-209. If the court determines that a…”
Huskey v. Huskey, 2015 Ark. App. 639. · cites it 4× “Their brief alleges, “There was deceit and omission of evidence that the paternal grandparents were under Court ordered supervised visitation from August 31, 2012, hearing per Ark. Code Ann. § 9-19-209 [.]”2 Appellants do not attempt to apply the cited code section to their…”
Weesner v. Johnson, 201 S.W.3d 432 (Ark. Ct. App. 2005). · cites it 2× “As required by Ark. Code Ann. § 9-19-209 (Repl. 2002), Weesner attached an affidavit to the motion stating the addresses where the child had lived since her birth and that she was presently involved in an action for child support filed in California.”
Ark. Code Ann. § 9-19-209(a): 1 case
Huskey v. Huskey, 2015 Ark. App. 639. “Their brief alleges, “There was deceit and omission of evidence that the paternal grandparents were under Court ordered supervised visitation from August 31, 2012, hearing per Ark. Code Ann. § 9-19-209 [.]”2 Appellants do not attempt to apply the cited code section to their…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.