§ 43-1230 — International application of act

(a) A court of this state shall treat a foreign country as if it were
a state of the United States for the purpose of applying sections 43-1226
to 43-1247 .
(b) Except as otherwise provided in subsection (c) or (d) of this section,
a child custody determination made in a foreign country under factual circumstances
in substantial conformity with the jurisdictional standards of the Uniform
Child Custody Jurisdiction and Enforcement Act shall be recognized and enforced
under sections 43-1248 to 43-1264 .
(c) A court of this state need not apply the act if the child custody
law of a foreign country violates fundamental principles of human rights.
(d) A court of this state need not recognize and enforce an otherwise
valid child custody determination of a foreign court under the act if it determines
(1) that the child is a habitual resident of Nebraska as defined under the
provisions of the Hague Convention on the Civil Aspects of International Child
Abduction, as implemented by the International Child Abduction Remedies Act,
42 U.S.C. 11601 et seq., and (2) that the child would be at significant and
demonstrable risk of child abuse or neglect as defined in section 28-710 if
the foreign child custody determination is recognized and enforced. Such a
determination shall create a rebuttable presumption against recognition and
enforcement of the foreign child custody determination and, thereafter, a
court of this state may exercise child custody jurisdiction pursuant to subdivision
(a)(1) and subsection (c) of
section 43-1238 .
(e) The changes made to this section by Laws 2007, LB 341, shall be
deemed remedial and shall apply to all cases pending on or before February
2, 2007, and to all cases initiated subsequent thereto.
(f) A court of this state
shall have initial and continuing jurisdiction to make any determinations
and to grant any relief set forth in subsection (d) of this section upon the
motion or complaint seeking such, filed by any parent or custodian of a child
who is the subject of a foreign court's custody determination and a habitual
resident of Nebraska. The absence or dismissal, either voluntary or involuntary,
of an action for the recognition and enforcement of a foreign court's custody
determination under subsection (b) of this section shall in no way deprive
the court of jurisdiction set forth in this subsection. Subsection (c) of
section 43-1238 shall apply to any proceeding under this subsection.
This subsection shall
be deemed remedial and shall apply to all cases pending on or before March
6, 2009, and to all cases initiated subsequent thereto.

Legislative History

Source: Laws 2003, LB 148, § 5; Laws 2007, LB341, § 13; Laws 2009, LB201, § 1.