§ 19-9-49.Communication between court of this state and other states
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 1. General Provisions · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-49
Plain-English Summary
Interstate custody cases work best when the judges talk to each other. This section lets a Georgia court communicate with a court in another state about any proceeding under the Uniform Child Custody Jurisdiction and Enforcement Act, and about any proceeding or court order in another state relating to family violence. A Georgia court may also consult any state or national registry of family-violence orders about any party.
The parties have protections. The court may let the parties take part in the conversation. If they can’t, they must be given the opportunity to present facts and legal arguments before the court decides jurisdiction. Except for routine matters, a record must be made of any communication, and the parties must be told about it promptly and given access to the record. A “record” means information inscribed on a tangible medium, or stored electronically or in another medium, that can be retrieved in perceivable form — so a recording or a written summary can serve.
Routine matters get lighter treatment. Talks about schedules, calendars, court records and similar matters may take place without informing the parties, and no record is needed. Several other sections require judges to communicate: § 19-9-64 in emergencies, § 19-9-66 when cases are pending in two states, and § 19-9-87 when enforcement and modification cases collide. This section sets the ground rules for all of those conversations.
Frequently Asked Questions
Can a Georgia judge talk to the judge in another state about my custody case without me?
Yes, but with safeguards. Under § 19-9-49, the court may let the parties take part in the communication. If the parties can’t take part, they must be given the opportunity to present facts and legal arguments before the court decides jurisdiction. Whether to include the parties in the conversation itself is up to the court.
Will I find out what the judges discussed about my case?
Yes, for anything beyond routine matters. Except for talks about schedules, calendars, court records and similar matters, a record must be made of any communication under § 19-9-49. The parties must be informed of the communication promptly and given access to the record.
Can the judge look up protective orders against my ex in other states?
Yes. Section 19-9-49(a) lets a Georgia court consult any state or national registry of court orders relating to family violence with regard to any party. The court may also communicate with a court in another state about any proceeding or court order there relating to family violence.
Does the judge need to make a record of a call just to schedule a hearing?
No. Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties, and a record need not be made of it. The record and notice requirements apply to every other communication under this section.
What counts as a record of a judges’ conversation?
Information that is inscribed on a tangible medium, or stored in an electronic or other medium, and that can be retrieved in perceivable form. That broad definition in § 19-9-49(e) covers written notes, transcripts and electronic recordings, as long as someone can later retrieve and review them.
Amendment History
Laws 2001, p. 129, § 1.