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Patricia M. Hoff
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U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention December 2001A Message From OJJDP America is a society with a substan- tial divorce rate.Each year, more than1,000,000 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 socie- ty.On the dissolution of family ties, it is not uncommon that a parent, per- haps even both parents, may move out of the State in which the family resided at the time of their separa- tion.Thus, it is not surprising that courts in different States are becom- ing involved in child-custody and visi- tation disputes concerning the same children.The Uniform Child-Custody Jurisdic- tion 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 thismodel law in their States. The Act requires State courts to enforce valid child-custody and visitation determi- nations made by sister State courts. It also establishes innovative interstate enforce- ment procedures. The UCCJEA is intended as an improve- ment over the UCCJA. It clarifies UCCJA provisions that have received conflicting interpretations in courts across the coun- try, codifies practices that have effective- lyreduced interstate conflict, conforms jurisdictional standards to those of the Federal Parental Kidnapping Prevention Act (the PKPA) 6to ensure interstate en- forceability of orders, and adds protec- tions for victims of domestic violence who move out of State for safe haven.The UCCJEA, however, is not a substan- tivecustody statute. It does not dictate standards for making or modifying child- custody and visitation decisions; instead, it determines which StatesÕ courts have and should exercise jurisdiction to do so. A court must have jurisdiction (i.e., the power and authority to hear and decide a matter) before it can proceed to consider the merits of a case. The UCCJEA does not apply to child support cases. Legal Background In a mobile society with a high rate of divorce, courts in different States (and countries) often become involved inThe Uniform Child-Custody Jurisdiction and Enforcement Act Patricia M. Hoff This Bulletin describes the Uniform Child-Custody Jurisdiction and Enforcement Act (the UCCJEA),1the most recent in a series of laws designed to deter interstate pa- rental kidnapping and promote uniform jurisdiction and enforcement provisions ininterstate child-custody and visitation cases. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is pub- lishing this Bulletin to provide current in- formation about the UCCJEA to legislators in States considering its adoption and to parents and practitioners in States that have already adopted the law. The Bulle- tinis not an official OJJDP endorsement ofthe Act. The UCCJEA is a uniform State law thatwas approved in 1997 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to replace its 1968 Uniform Child Custody Jurisdiction Act (the UCCJA).2NCCUSL drafts and propos- es laws in areas where it believes uniform- ity is important, but the laws become effective only upon adoption by State leg- islatures. As of July 2001, 26 jurisdictions had adopted the UCCJEA,3and it had beenintroduced in 2000Ð01 in the legislatures of 10 others.4The UCCJEA governs State courtsÕ juris- diction to make and modify Òchild-custody determinations,Ó a term that expressly includes custody and visitation orders. 5
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