The Uniform Child Custody Jurisdiction and Enforcement Act ('UCCJEA') was drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The act is the exclusive method of determining subject matter jurisdiction in custody disputes involving competing jurisdictions.
International Custody Disputes
Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.
By
Mark A. MomjianThis premium content is locked for LawJournalNewsletters subscribers only
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