N.D. Cent. Code § 14-14.1-17
14-14.1-17. (206) Simultaneous proceedings
14-14.1-17. (206) Simultaneous proceedings
1. Except as otherwise provided in section 14-14.1-15, a court of this state may not
exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time of
the commencement of the proceeding, a proceeding concerning the custody of the
child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed
by the court of the other state because a court of this state is a more convenient forum
under section 14-14.1-18.
2. Except as otherwise provided in section 14-14.1-15, a court of this state, before
hearing a child custody proceeding, shall examine the court documents and other
information supplied by the parties under section 14-14.1-20. If the court determines
that a child custody proceeding has been commenced in a court in another state
having jurisdiction substantially in accordance with this chapter, the court of this state
shall stay its proceeding and communicate with the court of the other state. If the court
of the state having jurisdiction substantially in accordance with this chapter does not
determine that the court of this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
3. In a proceeding to modify a child custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child custody determination has been
commenced in another state, the court may:
a. Stay the proceeding for modification pending the entry of an order of a court of
the other state enforcing, staying, denying, or dismissing the proceeding for
enforcement;
b. Enjoin the parties from continuing with the proceeding for enforcement; or
c. Proceed with the modification under conditions it considers appropriate.