UCCJEA Highlights

This section provides a brief overview of the UCCJEA’s jurisdiction and enforcement provisions. The cases to which the UCCJEA applies and the law’s jurisdiction and enforcement provisions are described in detail in the next sections of this Bulletin.

Jurisdiction: Articles 1 and 2

The UCCJEA is a complete replacement for the UCCJA. Articles 1 and 2 of the UCCJEA contain jurisdictional rules that essentially bring the UCCJA into conformity with the PKPA. Modeling the UCCJEA’s jurisdictional standards on the PKPA’s standards is intended to produce custody determinations that are entitled under Federal law to full faith and credit in sister States. The UCCJEA also addresses the practice and interpretation problems described earlier in this Bulletin and brings the law into harmony with the VAWA and the Hague Convention.

Under articles 1 and 2, the UCCJEA, among other things:

  • Applies to a range of proceedings in which custody or visitation is at issue.26

  • Grants priority to home State jurisdiction.27

  • Preserves exclusive, continuing jurisdiction in the decree State if that State determines that it has a basis for exercising jurisdiction. Such jurisdiction continues until the child, his or her parents, and any person acting as the child’s parent move away from the decree State.28

  • Authorizes courts to exercise emergency jurisdiction in cases involving family abuse and limits the relief available in emergency cases to temporary custody orders.29

  • Revamps the rules governing inconvenient forum analysis, requiring courts to consider specified factors.30

  • Directs courts to decline jurisdiction created by unjustifiable conduct.31

Enforcement: Article 3

The UCCJEA also establishes uniform procedures for interstate enforcement of child-custody and visitation determinations.

In particular, article 3 of the UCCJEA:

  • Authorizes temporary enforcement of visitation determinations.32

  • Creates an interstate registration process for out-of-State custody determinations.33

  • Establishes a procedure for speedy interstate enforcement of custody and visitation determinations.34

  • Authorizes issuance of warrants directing law enforcement to pick up children at risk of being removed from the State.35

  • Authorizes public officials to assist in the civil enforcement of custody determinations and in Hague Convention cases.36



Previous Contents Next

The Uniform Child-Custody Jurisdiction and Enforcement Act Juvenile Justice Bulletin • December 2001