2021 Montana Code Annotated
Title 40. Family Law
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-107. Motion for judicial relief
40-16-107. Motion for judicial relief. (1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.
(3) On motion of a party, the court shall terminate arbitration if it determines that:
(a) the agreement to arbitrate is unenforceable;
(b) the family law dispute is not subject to arbitration; or
(c) under 40-16-112, the arbitration should not proceed.
(4) Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.
History: En. Sec. 7, Ch. 32, L. 2021.
