LD 432
pg. 23
Page 22 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 24 of 63
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LR 316
Item 1

 
Act prioritizes home state jurisdiction in the same manner as the
PKPA thereby eliminating any potential conflict between the two
acts.

 
The six-month extended home state provision of subsection
(a)(1) [Me. cite subsection 1, paragraph A] has been modified
slightly from the UCCJA. The UCCJA provided that home state
jurisdiction continued for six months when the child had been
removed by a person seeking the child's custody or for other
reasons and a parent or a person acting as a parent continues to
reside in the home State. Under this Act, it is no longer
necessary to determine why the child has been removed. The only
inquiry relates to the status of the person left behind. This
change provides a slightly more refined home state standard than
the UCCJA or the PKPA, which also requires a determination that
the child has been removed "by a contestant or for other
reasons." The scope of the PKPA's provision is theoretically
narrower than this Act. However, the phrase "or for other
reasons" covers most fact situations where the child is not in
the home State and, therefore, the difference has no substantive
effect.

 
In another sense, the six-month extended home state
jurisdiction provision is this Act is narrower than the
comparable provision in the PKPA. The PKPA's definition of
extended home State is more expansive because it applies whenever
a "contestant" remains in the home State. That class of
individuals has been eliminated in this Act. This Act retains
the original UCCJA classification of "parent or person acting as
parent" to define who must remain for a State to exercise the
six-month extended home state jurisdiction. This eliminates the
undesirable jurisdictional determinations which would occur as a
result of differing state substantive laws on visitation
involving grandparents and others. For example, if State A's law
provided that grandparents could obtain visitation with a child
after the death of one of the parents, then the grandparents, who
would be considered "contestants" under the PKPA, could file a
proceeding within six months after the remaining parent moved and
have the case heard in State A. However, if State A did not
provide that grandparents could seek visitation under such
circumstances, the grandparents would not be considered
"contestants" and State B where the child acquired a new home
State would provide the only forum. This Act bases jurisdiction
on the parent and child or person acting as a parent and child
relationship without regard to grandparents or other potential
seekers of custody or visitation. There is no conflict with the
broader provision of the PKPA. The PKPA in § (c)(1) authorizes
States to narrow the scope of their jurisdiction.


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