General Provisions
UCCJEA is the acronym
What is the Uniform Child Custody Jurisdiction and Enforcement Act
Actions that involve children but are not subject to UCCJEA
What are adoption and delinquency
States that can modify an existing custody order
What is the state with ECJ or the new home state if certain conditions are met
The only state having jurisdiction to conduct an inconvenient forum analysis
What is the state that has initial jurisdiction or ECJ
Application of foreign judgment when country’s custody laws violate fundamental principles of human rights
What is Not Required to apply UCCJEA
The Federal Act that attempted to put teeth into the UCCJA, but ended up causing inconsistent rulings
What is the Parental Kidnapping Prevention Act
A person who has physical custody of the child and has been awarded or claims legal custody but is not a parent
What is a person acting as a parent
Conditions required for the new state to modify an existing order (other than in an emergency)
What are: 1) ECJ state or new state finds everyone has left ECJ state; OR 2) ECJ state finds no one has significant connection and substantial evidence not available; OR 3) ECJ declines jurisdiction
**still need to be home state**
Number of factors detailed in statute regarding inconvenient forum
What is 8
Does a state need to have jurisdiction to modify to enforce
What is NO
Provisions in the UCCJEA that are not in the UCCJA and PKPA
What are enforcement provisions
The state in which a child “lived” with a parent for six consecutive months immediately before commencement of the proceeding
What is home state
A court having modification jurisdiction must follow the custody statutes of the state issuing the first order
What is NO
Contrast with UIFSA
Can a court relinquish jurisdiction even when one parent remains in the state
What is YES
The provision of the UCCJEA similar to a habeas corpus relief
What is the expedited enforcement remedy/warrant to take physical custody
The cornerstone of the UCCJEA
What is home state jurisdiction
Some courts have adopted a bright line rule (duration) regarding this, others have adopted a totality of circumstances test, and others focus on a parent’s subjective intent
What is a temporary absence
Options a modifying state has if an enforcement action has been commenced in another state
What are: 1) Stay modification proceeding; or 2) Enjoin parties from continuing with the enforcement proceeding; or 3) Proceed with the modification proceeding
A court that has jurisdiction may decline to exercise it because of THIS and assess fees and expenses against a litigant
What is unjustifiable conduct
When must a hearing be held after service of an order for expedited enforcement
What is the next day
An order issued by a state not having jurisdiction under UCCJEA
What is a void order
Military deployment affects a child’s home state when a child is relocated from the home state
What is generally NO, but . . .
States that have amended their UCCJEA statutes recently regarding gender affirming care
What are Florida, California and Minnesota
Jurisdiction available to the Court if the child is present and has been abandoned or it is necessary to protect the child
What is emergency jurisdiction
How many defenses are available to a contest a registered order
What is 3