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.

 

ALABAMA                    § 30-3B-105. International application of chapter.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and Article 2.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

ALASKA                       AS 25.30.810. International application of chapter.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying AS 25.30.400 - 25.30.590.

(b) Except as provided in (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under AS 25.30.400 - 25.30.590.

(c) A court of this state is not required to apply this chapter to a child custody determination made in a foreign country when the child custody law of the other country violates fundamental principles of human rights.

ARIZONA                      A.R.S.25-1005. International application of chapter.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.

(c) A court of this state is not required to apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

ARKANSAS                  9-19-105. Internal application of chapter.

(a)  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters 1 and 2 of this chapter.

(b)  Except as otherwise provided in subsection (c) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter. 

(c)  A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. 

CALIFORNIA                Family Code 3405.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421).

(b) Except as otherwise provided in subdivision (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441).

(c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.

COLORADO                  CRSA 14-13-104. International application of article.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part 1 and part 2 of this article.

(b) Except as otherwise provided in subsection (3) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under part 3 of this article.

(c) A court of this state need not apply this article if the child-custody law of a foreign country violates fundamental principles of human rights.

CONNECTICUT Sec. 46b-115ii. Foreign child custody determination.

A court of this state shall treat a foreign child custody determination made under factual circumstances in substantial conformity with the jurisdictional standards of this chapter, including reasonable notice and opportunity to be heard to all affected persons, as a child custody determination of another state under sections 46b-115 to 46b-115t, inclusive, unless such determination was rendered under child custody law which violates fundamental principles of human rights or unless such determination is repugnant to the public policy of this state.

DELAWARE                  13 Del. C. § 1905. International application.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter.

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.

(c) A court of this State need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

DISTRICT OF COLUMBIA         Official Code § 16-4601.04. International application of chapter.

(a) A court of the District shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter.
(b) Except as otherwise provided in subsection (c) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.
(c) A court of the District need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

FLORIDA                      F.S.A. Sec. 61.506  International application of part --

(a)  A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501-61.523.

(b)  Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.

(c)  A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.

GEORGIA                     O.C.G.A. Sec. 19-9-44. 

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this   part and Part 2 of this article.   

(b) Except as otherwise provided in subsection (c) of this Code section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.   

(c) A court of this state need not apply this article if the child custody law of a foreign country violates fundamental principles of human rights.

HAWAII                        HRS §583A-105 International application of chapter.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II.

(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III.

(c) A court of this State need not apply this chapter if the child-custody law of a foreign country violates fundamental principles of human rights.

IDAHO                          I.C. Sec. 32-11-105.  International application of chapter.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter.

(b)  Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.

(c)  A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

ILLINOIS                      750 ILCS 36   Sec. 105. International Application of Act.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.

(b) Except as otherwise provided in subsection (c), a child‑custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this Act must be recognized and enforced under Article 3.

(c) A court of this State need not apply this Act if the child custody law of a foreign country violates fundamental principles of human rights.

INDIANA                       Ind. Code Ann. § 31-21, Chap.1, sec.3

(a) An Indiana court shall treat a foreign country as if the foreign country were a state of the United States for purposes of applying IC 31-21-3 through IC 31-21-5.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standard of this article must be recognized and enforced under IC 31-21-6.

(c) An Indiana court need not apply this article if the child custody law of a foreign country violates the fundamental principles of human rights.

IOWA                           I.C.A. 598B.105. International application.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and article II.

(b) Except as otherwise provided in subsection 3, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article III.

(c) A court of this state need not apply this chapter if the child-custody law of a foreign country violates fundamental principles of human rights.

KANSAS                       KSA Sec. 38-1340. International application of act.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 1 through 22 and amendments thereto.

(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under sections 23 through 39 and amendments thereto.

(c) A court of this state need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights.

KENTUCKY                  KRS Sec. 403.806. International application.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of KRS 403.800 to 403.880 shall be recognized and enforced under Article 3.

(c) A court of this state need not apply KRS 403.800 to 403.880 if the child custody law of a foreign country violates fundamental principles of human rights.

LOUISIANA                  La. Rev. Stat. § 13:1801 et seq., § 1805. International application

(a) A court of this state shall treat a foreign country as if it were a state of the

United States for the purpose of applying Subparts A and B of this Part.

(b) Except as otherwise provided in Subsection (c) of this Section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this Act shall be recognized and enforced under Subpart C of this Part.

(c) A court of this state need not apply this Act if the child custody law of a foreign country violates fundamental principles of human rights.

MAINE                          19 AMRSA §1735. International application of chapter

(a) Foreign country treated as a state. A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying this subchapter and subchapter II.

(b) Recognition and enforcement of foreign determination. Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III.

(c) Application not required. A court of this State need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

MARYLAND                  MD FAMILY § 9.5-104. Child custody proceedings involving foreign countries.

(a)  Foreign country treated as state.- A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Subtitles 1 and 2 of this title. 

(b)  Recognition and enforcement of child custody determination made by foreign country.- Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this title must be recognized and enforced under Subtitle 3 of this title. 

(c)  Applicability of title.- A court of this State need not apply this title if the child custody law of a foreign country violates fundamental principles of human rights. 

MASSACHUSETTS       UCCJEA not adopted yet.

 

MICHIGAN                    M.C.L.A. §722.1105 Child-custody law or determination of foreign country.

(a) A court of this state shall treat a foreign country as a state of the United States for the purposes of applying articles 1 and 2.

(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under article 3.

(c) A court of this state need not apply this act if the child-custody law of a foreign country violates fundamental principles of human rights.

MINNESOTA                 MSA Sec. 518D.105 International application.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 518D.101 to 518D.210.

(b) Except as otherwise provided in paragraph (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under sections 518D.301 to 518D.317.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

MISSISSIPPI                MS ST Sec 93-24-5

(a)  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Sections 2 through 22 of this act.

(b)  Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Sections 23 through 38 of this act.

(c)  A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

MISSOURI                    UCCJEA pending as of March 2009.

MONTANA                    MCA 40-7-136. International application.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part (b) of this chapter.

(b) A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part (c) of this chapter.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

NEBRASKA                  RRS 1943 § 43-1230. International application of act

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 43-1226 to 43-1247.

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child Custody Jurisdiction and Enforcement Act shall be recognized and enforced under sections 43-1248 to 43-1264.

(c) A court of this state need not apply the act if the child custody law of a foreign country violates fundamental principles of human rights.

NEVADA                       NRS 125A.225. International application.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying NRS 125A.005 to 125A.395, inclusive.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be recognized and enforced pursuant to NRS 125A.405 to 125A.585, inclusive.

(c) The provisions of this section do not apply if the child custody laws of the foreign country where the child custody determination was made violate fundamental principles of human rights.

NEW HAMPSHIRE        UCCJEA pending as of March 2009.

NEW JERSEY               N.J.S. 2A:34-57. International application of act.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying articles 1 and 2 of this act if the foreign court gives notice and an opportunity to be heard to all parties before making child custody determinations.

(b) A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act shall be recognized and enforced under article (c) of this act.

(c) A court of this State need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights or does not base custody decisions on evaluation of the best interests of the child.

NEW MEXICO               NMSA 1978 Sec. 40-10A-105. International application of the Uniform Child-Custody Jurisdiction and Enforcement Act.  

(a)  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act [ 40-10A-101 NMSA 1978].

(b)  Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 [ 40-10A-301 NMSA 1978] of that act.

(c)  A court of this state need not apply the Uniform Child-Custody Jurisdiction and Enforcement Act if the child custody law of a foreign country violates fundamental principles of human rights.

NEW YORK                  Domestic Relations Law § 75-d. International application of article.

(a) A court of this state   shall treat a foreign country as if it were a state of the United States for the purpose of applying this title and title two of this article.

(b) Except as otherwise provided in subdivision (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under title three of this article.

(c) A court of this state need not apply this article if the child custody law of a foreign country as written or as applied violates fundamental principles of human rights.

NORTH CAROLINA       G.S. § 50A‑105. International Application of Article.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Parts 1 and 2.

(b)   Except as otherwise provided in subsection (c), a child‑custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this Article must be recognized and enforced under Part 3.

(c)   A court of this State need not apply this Article if the child‑custody law of a foreign country violates fundamental principles of human rights.

NORTH DAKOTA          NDCC Sec. 14-14.1-04. (105) International application.

(a) A court of this state shall treat a foreign country as if it were a state for the purpose of applying sections 14-14.1-01 through 14-14.1-21.

(b) Except as otherwise provided in subsection 3, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under sections 14-14.1-22 through 14-14.1-37.

(c) A court of this state need not apply this chapter if the child.

OKLAHOMA                 Okla. Stat. Ann. §43-551-105. International application of act.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying Articles 1 and 2 of this act.

(b) Except as otherwise provided in subsection C of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under Article 3 of this act.

(c) A court of this state need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights.

OREGON                      ORS 109.714 International application of ORS 109.701 to 109.834.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying ORS 109.701 to 109.771.      

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with