Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) & Parental Kidnapping Prevention Act (PKPA)

Question 1

UCCJEA

Answer 1

Ground for a court to have and retain subject matter jurisdiction.

Purpose is to prevent interstate jurisdictional disputes on child custody and visitation.

Question 2

Subject matter jurisdiction

Answer 2

4 ways:

• child’s home state
• significant connection jurisdiction
• default jurisdiction
• temporary emergency jurisdiction

Question 3

Child’s home state jurisdiction

Answer 3

court has home state jurisdiction if:

• child has resided in the state for 6 months or since birth if the child is less than 6 months old; OR
• state was the child’s home state in the past 6 months and one parent still lives there.

Question 4

Significant connection jurisdiction

Answer 4

court has significant connection juris if:

• No other state has home state jurisdiction;
• the child and at least 1 parent have significant connection with the state; and
• substantial evidence concerning the child is in the state.

Question 5

default jurisdiction

Answer 5

court has default jurisdiction if:

-no home state, no significant connection state, but this state has appropriate connections to the child.

Question 6

temporary emergency jurisdiction

Answer 6

child is abandoned or there is a threat of abuse or mistreatment

Question 7

Exclusive continuing jurisdiction

Answer 7

once SMJ is established court with juris has exclusive continuing juris until:

• parties no longer reside in that state; or
• the child no linger has a significant connection to the state.

Question 8

Inconvenient forum

Answer 8

Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience.

Factors in making this determination include:

• The existence of domestic violence
• The length of time the child has resided outside the state
• The distance between the competing jurisdictions
• Existence of an agreement between the parties on which the court would have jurisdiction
• Nature and location of evidence relating to the child
• Ability of the court to decide the issues expeditiously and efficiently
• Familiarity of that court with the facts and issues involved in the matter
• If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 9

Parental kidnapping prevention act (PKPA)

Answer 9

applies to parental kidnapping and interstate custody and visitation cases.

reinforces UCCJEA to establish which court has and retains jurisdiction, and when jurisdiction can be declined or terminated.