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  December 2001

The Uniform
Child-Custody Jurisdiction and Enforcement Act

Patricia M. Hoff

Introduction

Legal Background

Rationale Underlying the UCCJEA

UCCJEA Highlights

Applicability of the UCCJEA

Jurisdictional Provisions of the UCCJEA

Duty To Enforce Under the UCCJEA

Conclusion

For Further Information

Bibliography

Endnotes

NCJ 189181


This Bulletin was prepared under grant number 92–MC–CX–0007 from the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice.

Points of view or opinions expressed in this document are those of the author and do not necessarily represent the official position or policies of OJJDP or the U.S. Department of Justice.
The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime.


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A Message From OJJDP

America is a society with a substantial divorce rate. Each year, more than 1,000,000 children in the United States are affected by the divorce of their parents, and of all children who are born to married parents this year, half are likely to experience a divorce in their families before they reach their 18th birthdays.

America is also a highly mobile society. On the dissolution of family ties, it is not uncommon that a parent, perhaps even both parents, may move out of the State in which the family resided at the time of their separation. Thus, it is not surprising that courts in different States are becoming involved in child-custody and visitation disputes concerning the same children.

The Uniform Child-Custody Jurisdiction and Enforcement Act, which is described in this Bulletin, has been proposed by the National Conference of Commissioners on Uniform State Laws. The proposed uniform State law is designed to deter interstate parental kidnapping and to promote uniform jurisdiction and enforcement provisions in interstate child-custody and visitation cases. The Act has been enacted by 25 States and the District of Columbia and introduced into legislatures in several other States.

It is our hope that the information provided in this Bulletin will assist those considering the adoption of this model law in their States.



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Acknowledgments

This Bulletin was written by Patricia M. Hoff, J.D., a legal consultant on interstate and international child-custody, visitation, and parental kidnapping law. She was an advisor to the drafting committee of the UCCJEA on behalf of the ABA Center on Children and the Law while serving as Legal Director of the Center’s Obstacles to the Recovery and Return of Parentally Abducted Children Project. The author gratefully acknowledges the contribution of Janet Heim, J.D., Deputy District Attorney, Santa Clara County District Attorney’s Office, who wrote the Bulletin’s sidebars on California prosecutors’ long-time involvement in civil child-custody enforcement. The author also thanks Linda Girdner, Ph.D., former Director of Research at the ABA Center on Children and the Law and Project Director of the Obstacles Project, for her thoughtful comments on the Bulletin as it was being developed.

Points of view or opinions expressed in this document are those of the author and have not been approved by the House of Delegates or the Board of Governors of the American Bar Association. The views, accordingly, should not be construed as representing the official position or policies of the ABA.

This Bulletin is intended for educational and informational purposes and does not constitute legal advice. Readers with specific cases should consult their legal counsel.




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