Overview of the Uniform Child Custody Jurisdiction 统一儿童监护权管辖权概述.pptVIP

Predecessor to UCCJEA had been enacted by all 50 states by 1981 revised statute. UCCJEA passed in Utah in 2000. PKPA- Parental Kidnapping Prevention Act 28 U.S.C 1738A * To resolve jurisdictional disputes in child custody matters and discourage the wrongful removal and retention of children for the purpose of obtaining a judicial advantage. Significant difficulties in actual practice continue. Particularly for the purposes of making an initial child custody determination. * Hague convention on the Civil aspects in Internal Child Abductions Remedy Act ( Found at 12 USC 11601 et seq) 1988, created a civil mechanism for the return of children removed or returned abroad. Complex system which courts and practitioners were forced to navigate. * Found in the Utah Code Annotated 76B-13-101-318 There are 3 major sections Definitions /Application Jurisdiction Enforcement * Necessary Inquiry when either a court or practitioner receives a case involving a child custody determination, which is defined as a proceeding in which legal custody, physical custody, or parent time with respect to a child is an issue. The term includes : Divorce Separation Neglect Abuse Dependency Guardianship Paternity Termination of parental rights Protection from domestic violence, in which the issue may appear. 78B-13-102(4) * Is there an existing child custody order from another state of foreign country. What is the residency status of all parties. What is the home state of the child 78B-13-102(7) * Utah court only has jurisdiction to make an initial child custody determination if: Home state of child now or home state within 6 months before start of the current proceeding AND parent or someone acting is a parent still live in Utah OR Another court doesn’t already have jurisdiction or that home state declines to exercise jurisdiction, as Utah is the more appropriate forum. AND * The child and at least one parent have a significant connection with Utah, other than mere physi