N.D. Cent. Code § 14-12.2-07

Current through 2024 Legislative Session

Section 14-12.2-07 - (204) Simultaneous proceedings

1. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or foreign country only if:

a. The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or foreign country;

b. The contesting party timely challenges the exercise of jurisdiction in the other state or foreign country; and

c. If relevant, this state is the home state of the child.

2. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:

a. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

b. The contesting party timely challenges the exercise of jurisdiction in this state; and

c. If relevant, the other state or foreign country is the home state of the child.

N.D.C.C. § 14-12.2-07

Effective date amended to 7/1/2015 by S.L. 2015, ch. 126 (HB 1111),§ 13, eff. 4/15/2015.

Effective on the date the department of human services certifies to the legislative council that the Hague convention on the international recovery of child support and other forms of family maintenance is ratified and that the United States deposited its instrument of ratification.