The Uniform Protection and Detention Act ( UCCJEA ) is a Uniform Law drafted by the National Conference of Commissioners on the Uniform State Act of 1997. UCCJEA has since has been adopted by 49 US, District of Columbia, Guam, and US Virgin Islands. The law became effective in Vermont on 7/1/2011. On January 22, 2016, the only state that has not adopted UCCJEA is Massachusetts. Puerto Rico has also not adopted the Act.
UCCJEA provides "exclusive jurisdiction [and]" for child custody in the "state" courts of children, defined as the country where the child is living with parents for six consecutive months before the commencement of resuming (or from birth for children) children younger than six months). If the child does not stay in any state for at least six months, then the court in the state has (1) "significant relationship" with the child and at least one parent and (2) "substantial evidence of care child protection, training, and personal relationships "may assume the juvenile custody jurisdiction. If more than one country has significant "connections" and "substantial proof...", the courts of those countries should communicate and determine which country has the most significant relationship with the child. Courts that have made the determination of child custody consistent with UCCJEA have exclusive and perpetual jurisdiction over the determination until either (1) that the court determines that neither the child, the child's parent, nor the person acting as a parent have a significant relationship with the State making the original order and substantial evidence no longer available in the State in respect of childcare, protection, training and personal relations, or (2) that the court or other State courts determine that the child, , and everyone who acts as a parent does not live in a State that originally made a parenting order.
UCCJEA supersedes the previous Uniform Law, the "Uniform Childcare Act", primarily because the old act is inconsistent with the Federal Parental Abduction Prevention Act when determining the appropriate jurisdiction for the determination of preliminary prisoners and because of conflicting interpretations of the PKPA. UCCJEA fixed this problem. UCCJEA also added a uniform procedure to enroll and enforce cross-country parenting orders.
Video Uniform Child Custody Jurisdiction and Enforcement Act
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To determine which countries have the correct jurisdiction to make "preliminary determinations" of child custody, UCCJEA continues in the following order of priorities:
- A state which is a child's "state" or child's home country within six months immediately prior to the commencement of child custody proceedings if the child is not present in the state but the parent or person acting as a parent continues to live in the state;
- If no country has jurisdiction under # 1, then the jurisdiction is appropriate where the child and at least one parent has a significant relationship with the state (other than attendance), and substantial evidence of the determination of custody is available in the state ;
- If no country has jurisdiction under # 1 or # 2 above, jurisdiction is appropriate in any state that has a child-friendly connection.
A country which has jurisdiction under # 1 or # 2 above may refuse to exercise its jurisdiction, and transfer it to another country if it is more convenient for the parties, or if one of the parties has engaged in a violation that requires change.
"State" is defined as "the circumstance in which a child lives with a parent or parent for at least six consecutive months prior to the commencement of childcare.In the case of a child less than six months of age, the term means the state where the child lives from birth with one of the persons mentioned.A period while the absence of any of the persons mentioned is part of the period. "
For example, young Chris has lived in Iowa with his mother and father for the past three years. If the mother moves to Minnesota, but Chris remains in Iowa, then Minnesota will have no jurisdiction to determine custody over Chris. Iowa is the only country that can determine custody at this time.
Maps Uniform Child Custody Jurisdiction and Enforcement Act
Exclusive Jurisdiction, Advanced
After a state court has established a custody award, the country retains jurisdiction over all matters concerning the child, except:
- State courts with jurisdiction determine that children or children and parents have no significant relationship with the state, evidence of AND regarding the determination of child custody is not available in the state; OR
- A state court with jurisdiction, or any other country , determines that the child and the parent or parent acting are no longer in the state.
For example # 1, parents divorced in Texas, and mothers and children moved to Mississippi. The father continues to live in Texas and the children maintain a significant relationship with Texas by visiting Texas often and spending their summers there. Three years later the father's files fit in Texas to modify the prisoners. The mother tried to divert the jurisdiction to Mississippi. The UCCJEA, designed to prevent forum spending, prevents its business by providing protection to the issuing court's jurisdiction that makes early child custody determinations except:... "or... the child's parent, and any person acting as a parent does not currently in this state ".
For example # 2, the parents divorce in Texas, mother and children moved to Mississippi, Dad moved to California. Because the children and their parents no longer live in Texas, the Texas courts will lose their exclusive jurisdiction to modify their own detention orders. For the most practical purposes, it means that the jurisdiction to modify the order will most likely not be in Texas, but, more precisely, in the state where children and at least one parent have lived (here, Mississippi).
Modify custody assignment
After the determination of custody has been established, the courts of other states have no authority to change their resolve, unless the state of jurisdiction determines that it has no jurisdiction as mentioned above, or the state court determines that children, parents, and every parent acting dormant in a country with jurisdiction.
To continue with the example of preliminary preliminary determination above, let's say that Chris's dad got Chris custody in Iowa court, and mother moved to Arkansas. If Chris spends the summer with his mother in Arkansas, her mother can not go to Arkansas court and try to change her custody - Iowa has ongoing jurisdiction.
Emergency instructions
A country without jurisdiction may enter temporary emergency orders, if the child is in immediate danger and needs immediate protection. After issuing the order, the state court must determine whether there is an existing detention order from another applicable country. If there is an existing order, an emergency court should allow a reasonable period of time for parties to return to a jurisdictional country, and debate the matter to court with jurisdiction.
If no previous child prison order exists, an emergency court order will remain in force until the determination is made in a court that has "state" jurisdiction over the child. If no determination is made, and an emergency court state becomes a child state, an emergency order becomes the final determination of detainees...
External links
- The Minnesota Bar article analyzes UCCJEA and contrasts with old acting
- A section-by-section UCCJA and UCCJEA comparison
- A case study of the latest Michigan Supreme Court case involving UCCJEA, including documents from case files
- The Law of Custody and Enforcement of the Utah Child Utah Rights
- Utah Uniform Interstate Family Support Act
- Utah Parentage Act
- Utah State Protection Order
Source of the article : Wikipedia
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