43-1230 International application of act. - Nebraska Statutes

43-1230. International application of act.(a) A court of this state shall treat a foreign country as if it werea state of the United States for the purpose of applying sections 43-1226to 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 circumstancesin substantial conformity with the jurisdictional standards of the UniformChild Custody Jurisdiction and Enforcement Act shall be recognized and enforcedunder sections 43-1248 to 43-1264.(c) A court of this state need not apply the act if the child custodylaw of a foreign country violates fundamental principles of human rights.(d) A court of this state need not recognize and enforce an otherwisevalid 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 theprovisions of the Hague Convention on the Civil Aspects of International ChildAbduction, 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 anddemonstrable risk of child abuse or neglect as defined in section 28-710 ifthe foreign child custody determination is recognized and enforced. Such adetermination shall create a rebuttable presumption against recognition andenforcement of the foreign child custody determination and, thereafter, acourt of this state may exercise child custody jurisdiction pursuant to subdivision(a)(1) and subsection (c) ofsection 43-1238.(e) The changes made to this section by Laws 2007, LB 341, shall bedeemed remedial and shall apply to all cases pending on or before February2, 2007, and to all cases initiated subsequent thereto.(f) A court of this stateshall have initial and continuing jurisdiction to make any determinationsand to grant any relief set forth in subsection (d) of this section upon themotion or complaint seeking such, filed by any parent or custodian of a childwho is the subject of a foreign court's custody determination and a habitualresident of Nebraska. The absence or dismissal, either voluntary or involuntary,of an action for the recognition and enforcement of a foreign court's custodydetermination under subsection (b) of this section shall in no way deprivethe court of jurisdiction set forth in this subsection. Subsection (c) ofsection 43-1238 shall apply to any proceeding under this subsection.This subsection shallbe deemed remedial and shall apply to all cases pending on or before March6, 2009, and to all cases initiated subsequent thereto. SourceLaws 2003, LB 148, § 5; Laws 2007, LB341, § 13; Laws 2009, LB201, § 1.