40-7-138. Appearance and limited immunity. - Montana Statutes

     40-7-138. Appearance and limited immunity. (1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and who is a responding party under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, a party in a proceeding to modify a child custody determination under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, or a petitioner in a proceeding to enforce or register a child custody determination under part 3 of this chapter may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose.
     (2) A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this chapter. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, 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 acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.

     History: En. Sec. 18, Ch. 91, L. 1999.