78B-13-209 - Information to be submitted to court.
78B-13-209. Information to be submitted to court.
(1) In a child custody proceeding, each party, in its first pleading or in an attachedaffidavit, shall give information, if reasonably ascertainable, under oath as to the child's presentaddress, the places where the child has lived during the last five years, and the names and presentaddresses of the persons with whom the child has lived during that period. The pleading oraffidavit shall state whether the party:
(a) has participated, as a party or witness or in any other capacity, in any otherproceeding concerning the custody of or parent-time with the child and, if so, identify the court,the case number of the proceeding, and the date of the child custody determination, if any;
(b) knows of any proceeding that could affect the current proceeding, includingproceedings for enforcement and proceedings relating to domestic violence, protective orders,termination of parental rights, and adoptions and, if so, identify the court and the case numberand the nature of the proceeding; and
(c) knows the names and addresses of any person not a party to the proceeding who hasphysical custody of the child or claims rights of legal custody or physical custody of, orparent-time with, the child and, if so, the names and addresses of those persons.
(2) If the information required by Subsection (1) is not furnished, the court, upon its ownmotion or that of a party, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in Subsection (1) is in theaffirmative, 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 othermatters 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 anyother state that could affect the current proceeding.
(5) If a party alleges in an affidavit or a pleading under oath that the health, safety, orliberty of a party or child would be put at risk by the disclosure of identifying information, thatinformation shall be sealed and not disclosed to the other party or the public unless the courtorders the disclosure to be made after a hearing in which the court takes into consideration thehealth, safety, or liberty of the party or child and determines that the disclosure is in the interestof justice.
Renumbered and Amended by Chapter 3, 2008 General Session