|
UCCJEA State-by-State --
International Application Provisions
In any international child abduction and child custody case that
concerns American residents and the possible application in a U.S.
court of a foreign court’s custody order, it will most likely be
critical to know the precise terms of the provision in the state’s
UCCJEA law that governs child custody determinations made under the
child custody law of a foreign country.
Accordingly, we have collected each state’s version of Section 105
of the model Uniform Child Custody Jurisdiction and Enforcement
Act.
The statutory provisions are in most cases substantially but there
are significant differences in the provisions adopted by
Connecticut, New York and New Jersey, which might have a profound
effect on the enforceability of foreign custody orders brought
before courts in those states as compared to the other states that
have adopted the standard language recommended in the model Uniform
Law.
For reasons discussed elsewhere, we are very
strongly in favor of the approaches adopted by Connecticut, New York
and New Jersey and we would urge legislators in the few states that
have not yet adopted the UCCJEA to include statutory language
similar to that used by Connecticut, New York and New Jersey rather
than the language in the model Uniform Law which imposes far too
heavy a burden on American-resident litigants and provides far too
easy an opportunity for parents to procure unfair custody orders
from foreign countries with unfair or corrupt legal systems and to
then have such unfair orders rubberstamped and enforced by American
courts.
(read on)
New York has
continuing jurisdiction over a custody dispute involving a child
who, at the time his father retained him following visitation, had
lived in Norway with the custodial mother for two years, New York’s
Appellate Division, Second Department has ruled. Bjornson v
Bjornson 2005 N.Y.Slip Op. 05998 July 18, 2005 Appellate
Division, Second Department.
Addressing for the first time application of the Uniform Child
Custody Jurisdiction Enforcement Act in a case where the underlying
custody order was issued prior to the Act's effective date and the
modification request was made after such date, the court rebuffed
the mother's contention that Norway has home state jurisdiction
under the Act's predecessor, the UCCJA. It said that because the
father remained in New York following the parties' divorce and
issuance of the custody order, the state retained jurisdiction.-
We
handled this case through
excellent local counsel in New York.
When There
Is No Home State Who Has Child Custody Jurisdiction?
|
We handle
international child custody matters, as well as custody cases within
the United States that involve conflicting jurisdictional issues.
The Uniform Child
Custody Jurisdiction and Enforcement Act (UCCJEA) is complex and
requires careful analysis. In international cases it must often be
reviewed in conjunction with the Hague Convention on the Civil
Aspects of International Child Abduction.
We provide advice to
family law practitioners and to clients concerning these laws. When
advising clients, we work with local counsel wherever appropriate in
jurisdictions outside New York.
ADOPTION OF THE UCCJEA IN U.S. STATES:
|
JURISDICTION |
LAWS |
EFFECTIVE DATE |
CITATION |
|
Alabama |
1999, Act 99-438 |
1-1-2000 |
Code 1975, § § 30-3B-101 to 30-3B-405.
|
|
Alaska |
1998, c. 133 |
9-23-1998 |
AS 25.30.300 to 25.30.910.
|
|
Arizona |
2000, c. 215 |
1-1-2001 |
A.R.S. § § 25-1001 to 25-1067.
|
|
Arkansas |
1999, Act 668 |
3-17-1999 |
A.C.A. § § 9-19-101 to 9-19-401.
|
|
California |
1999, c. 867 |
1-1-2000 |
West's Ann.Cal. Family Code § § 3400 to 3465.
|
|
Colorado |
2000, c. 320 |
7-1-2000 |
West's C.R.S.A. § § 14-13-101 to 14-13-403.
|
|
Connecticut |
1999, P.A. 99-185 |
7-1-2000 |
C.G.S.A. § § 46b-115 to 46b-115jj
|
|
Delaware |
2002, c. 426 |
9-1-2002 |
13 Del.C. § § 1901 to 1943
|
|
DC |
2001, D.C. Law 13-293 |
4-27-2001 |
D.C. Official Code, 2001 Ed. § § 16-4601.01
to 16-4604.02. |
|
Florida |
2002, c. 65 |
10-1-2002 |
West's F.S.A. § § 61.501 to 61.542.
|
|
Georgia |
2001, p. 129 |
7-1-2001 |
O.C.G.A. § § 19-9-40 to 19-9-104
|
|
Hawaii |
2002, c. 124 |
1-1-2003 |
HRS § § 583A-101 to 583A-317
|
|
Idaho |
2000, c. 227 |
7-1-2000 |
I.C. § § 32-11-101 to 32-11-405
|
|
Illinois |
2003, P.A. 93-108 |
1-1-2004 |
S.H.A. 750 ILCS 36/101 to 36/403
|
|
Iowa |
1999, S.F. 367 |
5-10-1999 |
I.C.A. § § 598B.101 to 598B.402
|
|
Kansas |
2000, c. 171 |
7-1-2000 |
K.S.A. § § 38-1336 to 38-1377
|
|
Kentucky |
2004 Ky. Acts ch. 133, sec. 1,
|
7-13-2004 |
KRS §§ 403.800 to 403.880 |
|
Maine |
1999, c. 486 |
1-1-2000 |
19-A M.R.S.A. § § 1731 to 1783
|
|
Maryland |
2004, ch. 502, § 2 |
10-1-2004 |
MD FAMILY §§ 9.5-101 to 318
|
|
Michigan |
2001, No. 195 |
4-1-2002 |
M.C.L.A. § § 722.1101 to 722.1406
|
|
Minnesota |
1999, c. 74 |
1-1-2000 |
M.S.A. § § 518D.101 to 518D.317
|
|
Mississippi |
2004 Miss. Laws Ch. 519 |
7-1-2004 |
MS ST § 93-24-1 to 93-24-75
|
|
Montana |
1999, c. 91 |
3-17-1999 |
MCA § § 40-7-101 to 40-7-317
|
|
Nebraska |
2003, LB 148 |
1-1-2004 |
R.R.S. 1943, § § 43-1226 to 43-1266
|
|
Nevada |
2003, c. 199 |
10-1-2003 |
N.R.S. 125A.005 to 125A.605
|
|
New Jersey |
P.L. 2004, c.147 |
12-14-2004 |
N.J.S 2A:34-53 to 95 |
|
New Mexico |
2001, c. 114 |
7-1-2001 |
NMSA 1978, § § 40-10A-101 to 40-10A-403
|
|
New York |
2001, c. 386 |
4-28-2002 |
McKinney's Domestic Relations Law, § § 75 to
78-a |
|
North Carolina |
1999, S.L. 1999-223 |
10-1-1999 |
G.S. § § 50A-101 to 50A-317
|
|
North Dakota |
1999, c. 147 |
3-30-1999 |
NDCC § § 14-14.1-01 to 14-14.1-37
|
|
Oklahoma |
1998, c. 407 |
11-1-1998 |
43 Okl.St.Ann. § § 551-101 to 551-402
|
|
Oregon |
1999, c. 649 |
7-13-1999 |
ORS 109.701 to 109.834 |
|
Pennsylvania |
2004 Pa. Legis. Serv. Act 2004-39 |
8-15-2004 |
PA ST Prec. 23 Pa.C.S.A. § 5401 to 5482
|
|
Rhode Island |
2003, chs. 307 & 322 |
7-17-2003 |
Gen.Laws 1956, § § 15-14.1-1 to 15-14.1-42
|
|
Tennessee |
1999, c. 389 |
6-14-1999 |
T.C.A. § § 36-6-201 to 36-6-243
|
|
Texas |
1999, c. 34 |
9-1-1999 |
V.T.C.A. Family Code § § 152.001 to 152.317
|
|
Utah |
2000, c. 247 |
7-1-2000 |
U.C.A.1953, § § 78-45c-101 to 78-45c-318
|
|
Virginia |
2001, c. 305 |
7-1-2001 |
Code 1950, § § 20-146.1 to 20-146.38
|
|
Washington |
2001, c. 65 |
7-22-2001 |
West's RCWA 26.27.011 to 26.27.931
|
|
West Virginia |
2001, c. 91 |
9-1-2001 |
Code, 48-20-101 to 48-20-404
|
|
