78B-13-109 - Appearance and limited immunity.
78B-13-109. Appearance and limited immunity.
(1) A party to a child custody proceeding who is not subject to personal jurisdiction inthis state and is a responding party under Part 2, Jurisdiction, a party in a proceeding to modify achild custody determination under Part 2, Jurisdiction, or a petitioner in a proceeding to enforceor register a child custody determination under Part 3, Enforcement, may appear and participatein the proceeding without submitting to personal jurisdiction over the party for anotherproceeding or purpose.
(2) A party is not subject to personal jurisdiction in this state solely by being physicallypresent for the purpose of participating in a proceeding under this chapter. If a party is subject topersonal jurisdiction in this state on a basis other than physical presence, the party may be servedwith process in this state. If a party present in this state is subject to the jurisdiction of anotherstate, service of process allowable under the laws of that state may be accomplished in this state.
(3) The immunity granted by this section does not extend to civil litigation based on actsunrelated to the participation in a proceeding under this chapter committed by an individualwhile present in this state.
Renumbered and Amended by Chapter 3, 2008 General Session