LD 432
pg. 10
Page 9 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 11 of 63
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LR 316
Item 1

 
16.__Tribe.__"Tribe" means an Indian tribe or band or an
Alaskan Native village recognized by federal law or formally
acknowledged by a state.

 
17.__Warrant.__"Warrant" means an order issued by a court
authorizing law enforcement officers to take physical custody of
a child.

 
Uniform Comment

 
The UCCJA did not contain a definition of "child." The
definition here is taken from the PKPA.

 
The definition of "child-custody determination" now closely
tracks the PKPA definition. It encompasses any judgment, decree
or other order which provides for the custody of, or visitation
with, a child, regardless of local terminology, including such
labels as "managing conservatorship" or "parenting plan."

 
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.

 
"Commencement" has been included in the definitions as a
replacement for the term "pending" found in the UCCJA. Its
inclusion simplifies some of the simultaneous proceedings
provisions of this Act.

 
The definition of "home State" has been reworded slightly. No
substantive change is intended from the UCCJA.


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