78B-13-109. Appearance and limited immunity.
(1) A party to a child custody proceeding who is not subject to personal jurisdiction in
this state and is a responding party under Part 2, Jurisdiction, a party in a proceeding to modify a
child custody determination under Part 2, Jurisdiction, or a petitioner in a proceeding to enforce
or register a child custody determination under Part 3, Enforcement, 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.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009