The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

                In order to avoid conflicts between the parties, the Uniform Law Commissioners drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the Uniform Child Custody and Jurisdiction Act (UCCJA) to conform to the Parental Kidnapping Prevention  Act (PKPA).  This added interstate enforcement of child custody and visitation orders.  Lawyers and paralegals must not only equip themselves with the UCCJEA, but the case law that interprets statutes from jurisdiction to jurisdiction. 

                The following are highlights of the UCCJEA:

·         Courts are to honor the orders of the home state when determining which state shall have jurisidiction involving child custody and visitation cases.  The new state may only modify another state's previous child custody or visitation order if the child resided in the new state for six months.

·         It allows a state to continue exclusive jurisdiction once it has taken over jurisdiction and retains jurisdiction of the parties involved in dispute if they have moved out of state.  This prevents a parent from removing child to another state to seek a more favorable custody order in another state.  When the UCCJEA is applied, the new state is supposed to decline jurisdiction over the case.

·         If there is a case where the child is abandoned, abused, or neglected and has been present in another state other than the home state, this act allows the new state to take temporary emergency jurisdiction over the case to make sure the child is protected until appropriate jurisdiction is determined.  If no other state has authority to continue jurisdiction or refuses continued jurisdiction, the new state may retain continued jurisdiction.

·         This act prohibits simultaneous proceedings when one parent files custody or visitation in one state, while another is filed in a different state.

·         All fifty states are required to enforce custody and visitation orders to conform to UCCJEA.  The parent registers a domestic order in the new state, unless contested, the court has authority to enforce the order through its contempt powers.

The UCCJEA was also drafted by the National Conference of Commissioners on Uniform State Laws to rectify inconsistencies between PKPA and UCCJA. 

Here are more highlights of UCCJEA:

·         It simplifies the procedures that are necessary for registering an original state's order in a new state.

·         It prohibits a new state (enforcing state) from modifying the original state's custody decision--hence, the new state can only enforce the original order.

·         It gives a habeas corpus custody remedy that requires the return of the child by a parent who has violated the custody or visitation order.

·         It grants the enforcing court the authority to issue a warrant to physically take the child into custody if there are fears that the parent may harm the child or even flee the state.

·         Gives state prosecutors or attorney generals assistance in the enforcement of civil proceedings to locate the child.  These  prosecutors can pursue criminal actions if the parent has violated a criminal law in the process.

Reference

                Luppino, Grace A. & Miller, Justine Fitzgerald.  Family Law and Practice:  The Paralegal's Guide.  Pearson Education Group, Inc.  Prentice Hall.  Upper Saddle River, NJ.  3rd Ed.  Pp. 238, 490.