| The definition of "child-custody proceeding" has been expanded |
from the comparable definition in the UCCJA. These listed |
proceedings have generally been determined to be the type of |
proceeding to which the UCCJA and PKPA are applicable. The list |
of examples removes any controversy about the types of |
proceedings where a custody determination can occur. Proceedings |
that affect access to the child are subject to this Act. The |
inclusion of proceedings related to protection from domestic |
violence is necessary because in some States domestic violence |
proceedings may affect custody of and visitation with a child. |
Juvenile delinquency or proceedings to confer contractual rights |
are not "custody proceedings" because they do not relate to civil |
aspects of access to a child. While a determination of paternity |
is covered under the Uniform Interstate Family Support Act, the |
custody and visitation aspects of paternity cases are custody |
proceedings. Cases involving the Hague Convention on the Civil |
Aspects of International Child Abduction have not been included |
at this point because custody of the child is not determined in a |
proceeding under the International Child Abductions Remedies Act. |
Those proceedings are specially included in the Article 3 [Me. |
cite subchapter III] enforcement process. |