Presentation on theme: "The Uniform Child Custody Jurisdiction and Enforcement Act The “UCCJEA”"— Presentation transcript:
The Uniform Child Custody Jurisdiction and Enforcement Act The “UCCJEA”
Basic Facts Effective on January 1, 2004. Codified at 750 ILCS 36/101 et seq. Replaces the UCCJA, which is repealed. Achieves consistency with the PKPA. Establishes a new priority system regarding the exercise of original jurisdiction. Establishes a clear standard for continuing jurisdiction. Establishes a clear standard for when a custody order of one state can be modified by another. Establishes a uniform enforcement mechanism for interstate enforcement of custody orders.
Original Jurisdiction under the UCCJA Four Bases: 1. Home state (section 4(a)(1). 2. Best interest of the child (section 4(a)(2). 3. Abandonment or emergency (section 4(a)(3). 4. No other state with jurisdiction. Each basis has equal priority.
Original Jurisdiction Under the UCCJEA (Section 201) Article 2 of the UCCJEA. Four Bases – but different. 1. Home State. 2. Significant connection. 3. State that would have jurisdiction declines to exercise it. 4. No court has jurisdiction under the UCCJEA. Emergency Jurisdiction moved to its own section.
Home State Jurisdiction Is the priority basis for jurisdiction. Same definition as under the UCCJA except broadens the alternative home state basis when child is not in the state by removing requirement for showing why child is not in the state.
S ignificant Connection Jurisdiction No more “best interest.” Phrase is gone! Subordinate to “home state.” Don’t even consider the “significant connections unless: No state has “home state” jurisdiction, or Another state has declined jurisdiction because of inconvenient forum or conduct of a party. Significant connection – is there sufficient evidence in state to make an informed custody determination. Narrower definition of who has the connection.
Declination of Jurisdiction Court that has jurisdiction declines to exercise it on grounds that another state is the convenient forum or because of the conduct of one of the parties. Conduct reason is new. Best interest of the child requirement is eliminated.
No Court with Jurisdiction Same as UCCJA except best interest requirement is eliminated.
No Personal Jurisdiction Requirement Section 201(b) of the UCCJEA expressly states that the bases stated in section 201(a) are the “exclusive jurisdictional” bases for making a child custody determination. Should clarify that you don’t need to demonstrate personal jurisdiction.
Exclusive, Continuing Jurisdiction (Section 202) Major Modification Once a court that has jurisdiction under the UCCJEA makes a custody determination, that court keeps exclusive and continuing jurisdiction over that determination until: That same court determines that neither the child, the parents, and any person acting as parent do not have a substantial connection with the state or That same court or another court determines that none of the above parties reside in the issuing state.
Jurisdiction to Modify (Section 203) Same standard – issuing state maintains control. Another state can only modify for same reasons: No substantial connection with issuing state. Nobody residing in issuing state. Only issuing court can determine connection. Either court can determine if nobody is residing in the issuing state.
Emergency Jurisdiction (Section 204) Now called “temporary” emergency jurisdiction. Issuing court (court with exclusive, continuing jurisdiction) remains in control. Emergency court must communicate with issuing court and emergency court must specify in any order the time period that the court deems adequate for the person seeking the custody order to go to obtain the order from the issuing state. If there is no issuing state, any determination remains in effect until some state obtains jurisdiction under one of the four bases set forth in the UCCJEA.
Simultaneous Proceedings (Section 206) In substance there shouldn’t be any. Control is with the issuing court if it had jurisdiction under the UCCJEA. Issuing Court can do the following: Maintain jurisdiction in which case the other court is to dismiss the proceeding before it. Determine that the other state is the more convenient forum and defer to it under the standard for inconvenient forum under the UCCJEA.
Inconvenient Forum (Section 207) Same procedure as under UCCJA. Different factors regarding convenience. Occurrence of domestic violence is now a factor.
Enforcement- Overview Article 3 of the UCCJEA Establishes uniform procedure for enforcement. Basic remedy is along lines of habeas corpus. If there are two states involved, the issuing court remains in control. Communication between courts is required.
Registration of Custody Determinations from Issuing State (Sections 305-306) Establishes a uniform procedure: Documents to be submitted. Notice. Deadline for other party to request a hearing. Consequences of missing deadline. Court in enforcement state can grant any relief that is authorized under the law of the enforcement state but may not modify the custody determination.
Simultaneous Proceedings (Section 307) The one time it is appropriate to have simultaneous proceedings under the UCCJEA. Enforcing court is required to communicate with the issuing court. After communication, the enforcement court presumably at the direction or with the agreement of the issuing court can: Continue the enforcement action. Stay the enforcement proceeding Dismiss the enforcement proceeding.
Expedited Enforcement (Sections 308-311) Standardized requirements for a petition to enforce. Establishes a habeas corpus type of remedy: Upon filing petition, court issues order directing respondent to appear with or without the child. Hearing is to be held on the next judicial day after service of the order. Inquiry at hearing is limited to whether issuing court had jurisdiction under the UCCJEA or whether there is some defect in procedure. Court authorized in an emergency (threat of physical harm or removal of the child) to issue a warrant to law enforcement officers to take immediate physical custody of child.