§ 14-13-209 — Information to be submitted to court

(1) Subject to a court
order allowing a party to maintain the confidentiality of addresses and other
identifying information and to subsection (5) of this section, 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
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:

(a) Has participated, as a party or witness or in any other capacity, in any
other proceeding concerning the custody of or visitation or parenting time with the
child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;

(b) Knows of any proceeding that could affect the current proceeding,
including proceedings for enforcement and proceedings relating to domestic
violence or domestic abuse, protective orders or restraining orders, termination of
parental rights, and adoptions and, if so, identify the court, the case number, and
the nature of the proceeding; and

(c) 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 parental
responsibilities or legal custody or physical custody of, or visitation or parenting
time with, the child and, if so, the names and addresses of those persons.

(2) If the information required by subsection (1) 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 paragraphs (a) to (c)
of subsection (1) 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.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1529, � 1, effective July 1.