Section 14-13-210 - Appearance of parties and child(1) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.(2) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 14-13-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.(3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.(4) If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (2) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.L. 2000: Entire article R&RE, p. 1530, § 1, effective July 1.This section is similar to former § 14-13-112 as it existed prior to 2000.
OFFICIAL COMMENT
No major changes have been made to this section which was Section 11 of the UCCJA. Language was added to subsection (1) to authorize the court to require a non-party who has physical custody of the child to produce the child.
Subsection (3) authorizes the court to enter orders providing for the safety of the child and the person ordered to appear with the child. If safety is a major concern, the court, as an alternative to ordering a party to appear with the child, could order and arrange for the party's testimony to be taken in another State under Section 14-13-111. This alternative might be important when there are safety concerns regarding requiring victims of domestic violence or child abuse to travel to the jurisdiction where the abuser resides.