|
30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (a) Before a child custody
determination is made under this chapter, notice and an opportunity to be heard in accordance
with the standards of Section 30-3B-108 must be given to all persons entitled to notice
under the law of this state as in child custody proceedings between residents of this state,
any parent whose parental rights have not been previously terminated, and any person having
physical custody of the child. (b) This chapter does not govern the enforceability of a child
custody determination made without notice or an opportunity to be heard. (c) The obligation
to join a party and the right to intervene as a party in a child custody proceeding under
this chapter are governed by the law of this state as in child custody proceedings between
residents of this state. (Act 99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-205.htm - 1K - Match Info - Similar pages
30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition
filed under this chapter, before a hearing on the matter, the court may enter an ex parte
order for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-8.htm - 3K - Match Info - Similar pages
30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed
under this chapter, the court may set a preliminary hearing as necessary, and shall cause
to be issued all summonses and notices as required by law and otherwise deemed necessary and
appropriate. Should the court determine from the petition, or on evidence presented at a preliminary
hearing, that no emergency or temporary orders are appropriate, then the court shall set the
petition for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
30-3B-106
Section 30-3B-106 Effect of child custody determination. A child custody determination
made by a court of this state that had jurisdiction under this chapter binds all persons who
have been served in accordance with the laws of this state or notified in accordance with
Section 30-3B-108 or who have submitted to the jurisdiction of the court, and who have
been given an opportunity to be heard. As to those persons the determination is conclusive
as to all decided issues of law and fact except to the extent the determination is modified.
(Act 99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-106.htm - 874 bytes - Match Info - Similar pages
30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-308.htm - 3K - Match Info - Similar pages
30-3D-708
Section 30-3D-708 Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize
and enforce a registered Convention support order. (b) The following grounds are the only
grounds on which a tribunal of this state may refuse recognition and enforcement of a registered
Convention support order: (1) recognition and enforcement of the order is manifestly incompatible
with public policy, including the failure of the issuing tribunal to observe minimum standards
of due process, which include notice and an opportunity to be heard; (2) the issuing tribunal
lacked personal jurisdiction consistent with Section 30-3D-201; (3) the order is not
enforceable in the issuing country; (4) the order was obtained by fraud in connection with
a matter of procedure; (5) a record transmitted in accordance with Section 30-3D-706
lacks authenticity or integrity; (6) a proceeding between the same parties and having...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-708.htm - 2K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of
this state to seek enforcement of a protection order may seek enforcement of a valid foreign
protection order in a court of this state. The court shall enforce the terms of the order,
including terms that provide relief that a court of this state would lack power to provide
but for this section. The court shall enforce the order, whether the order was obtained
by independent action or in another proceeding, if it is an order issued in response to a
complaint, petition, or motion filed by or on behalf of an individual seeking protection.
In a proceeding to enforce a foreign protection order, the court shall follow the procedures
of this state for the enforcement of protection orders. (b) A court of this state may not
enforce a foreign protection order issued by a tribunal of a state that does not recognize
the standing of a protected individual to seek enforcement of the order. (c) A court of this
state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5B-3.htm - 3K - Match Info - Similar pages
30-3D-401
Section 30-3D-401 Establishment of support order. (a) If a support order entitled to
recognition under this chapter has not been issued, a responding tribunal of this state with
personal jurisdiction over the parties may issue a support order if: (1) the individual seeking
the order resides outside this state; or (2) the support enforcement agency seeking the order
is located outside this state. (b) The tribunal may issue a temporary child-support order
if the tribunal determines that such an order is appropriate and the individual ordered to
pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing; (4) an alleged father who
has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be
the father of the child; (6) an acknowledged father as provided by Section 26-17-101
et seq.; (7) the mother of the child; or (8) an individual who has been ordered to pay...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-401.htm - 1K - Match Info - Similar pages
16-28-40
Section 16-28-40 License applicant under 19 to provide documentation of school enrollment,
etc.; duties of school attendance official; withdrawal from school; conviction for certain
pistol offenses. (a) The Department of Public Safety shall deny a driver's license or a learner's
license for the operation of a motor vehicle to any person under the age of 19 who does not,
at the time of application, present a diploma or other certificate of graduation issued to
the person from a secondary high school of this state or any other state, or documentation
that the person: (1) is enrolled and making satisfactory progress in a course leading to a
general educational development certificate (GED) from a state approved institution or organization,
or has obtained the certificate; (2) is enrolled in a secondary school of this state or any
other state and has not at the time of application accumulated disciplinary points while a
student in school that would extend the age of eligibility for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-28-40.htm - 7K - Match Info - Similar pages
|