The UCCJEA is a US law that determines which court has jurisdiction over child custody cases that cross state lines. It was updated in 1997 to comply with federal law and includes provisions for emergency jurisdiction and exclusive jurisdiction. The law also streamlines proceedings and protects against child abduction. All states except for Massachusetts are signatories to the act.
The Uniform Child Custody Jurisdiction and Enforcement Act, also known as the UCCJEA, is a United States law used to determine which court has jurisdiction to determine custody of minors. This version of the law is an update of an earlier text, called The Uniform Child Custody Jurisdiction Act, which was originally created in 1968. All but one state is signatory to the act, although the remaining state, Massachusetts, continues to debate to update it.
The 1968 revision of the law included some important adaptations to improve its clarity and to comply with later laws. The clarifications include provisions for visitation rights across state lines and standards for some jurisdictional variations. One of the main reasons for the update was to comply with the federal Parental Kidnapping Prevention Act of 1980, which as a federal law technically replaced the state-created Uniform Child Custody Jurisdiction Act, causing inconsistency and confusion.
The UCCJEA consists of three main articles outlining jurisdiction and enforcement in custody cases that cross state lines. It requires that a state be selected as the child’s home state based on qualifying criteria, giving that state primary jurisdiction over the case. In some cases, such as situations where abuse occurs, the act allows for state emergency jurisdiction, but only allows temporary custody orders for these exceptions.
The broader provision clarifies the idea of “origin state” priority and helps formalize proceedings between states in the event of conflicting documents. For example, if a Washington-based couple divorces and a parent takes their children to Oregon, there may be confusion as to which state court has jurisdiction. The UCCJEA suggests that Washington would have jurisdiction, as the children’s home state, but could waive that decision to Oregon if the other parent in Washington hasn’t filed a response lawsuit after a certain amount of time.
Another important provision is that of exclusive jurisdiction. This means that the home state has continued jurisdiction over custody even after the original determination. Thus, if a father living in California files a California custody lawsuit seeking to change the custody determination and refuses to return his children to their mother in their home state of Iowa, his case would likely be dismissed as Iowa has exclusive jurisdiction.
In the enforcement section, several provisions are created to streamline interstate proceedings and protect against child abduction. For example, if the court fears that notice of proceedings might cause a parent to flee the jurisdiction with the child, a warrant may be issued allowing law enforcement agencies to detain the child. The Executive Branch also creates a system to ensure visitation rights are maintained and establishes a registry to keep records of custodial and visitation orders.
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