Published: 3rd April 2024

Whenever children are abducted from the United Kingdom to the United States, counsel for the left-behind parents must consider a most unusual aspect of U.S. law when determining the optimal methods of securing the children's return. Not only may a case be started under the Hague Abduction Convention in the U.S. state or federal court in the location of the children's current location, but an alternative procedure may well be far more advisable.

Every U.S. state except Massachusetts has adopted a uniform statute, promulgated by America's Uniform Law Commission, known as the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”). The UCCJEA authorizes the registration and enforcement of a foreign court's “child custody determination” and provides, once registered, the foreign order must be enforced and cannot be modified. There are certain requirements and limitations which I cannot outline fully here but this article is intended to provide a brief and introductory overview.

You can read the remaining article here.