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O.C.G.A. § 19-9-49 — Communication between court of this state and other states | Georgia Code
O.C.G.A. § 19-9-49 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 19 DOMESTIC RELATIONS

Section 9. Child Custody Proceedings, 19-9-1 through 19-9-134.

ARTICLE 3 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

19-9-49. Communication between court of this state and other states.

  1. A court of this state may communicate with a court in another state concerning a proceeding arising under this article and concerning any proceeding or court order in another state relating to family violence. A court of this state may consult any state or national registry of court orders relating to family violence with regard to any party.
  2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
  3. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
  4. Except as otherwise provided in subsection (c) of this Code section, a record must be made of any communication under this Code section. The parties must be informed promptly of the communication and granted access to the record.
  5. For the purposes of this Code section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(Code 1981, §19-9-49, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Electronic records and signatures, T. 10, C. 12.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through19-9-64, are included in the annotations for this Code section.

Informational requirements were necessary to effective functioning of former Code 1933, § 74-507. Youmans v. Youmans, 247 Ga. 529, 276 S.E.2d 837 (1981) (decided under former Uniform Child Custody Jurisdiction Act).

Cited in In re C.C.B., 164 Ga. App. 3, 296 S.E.2d 198 (1982); Osgood v. Dent, 167 Ga. App. 406, 306 S.E.2d 698 (1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus, § 83 et seq. 59 Am. Jur. 2d, Parent and Child, § 10.

C.J.S.

- 27C C.J.S., Divorce, § 1280 et seq. 39 C.J.S., Habeas Corpus, § 161 et seq. 67A C.J.S., Parent and Child, § 106 et seq.

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 9.

ALR.

- Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.