| | | Subsections (b) and (c) [Me. cite subsections 2 and 3] clearly | | State the relationship between jurisdiction under this Act and | | other forms of jurisdiction. Personal jurisdiction over, or the | | physical presence of, a parent or the child is neither necessary | | nor required under this Act. In other words neither minimum | | contacts nor service within the State is required for the court | | to have jurisdiction to make a custody determination. Further, | | the presence of minimum contacts or service within the State does | | not confer jurisdiction to make a custody determination. Subject | | to Section 204 [Me. cite section 1748], satisfaction of the | | requirements of subsection (a) [Me. cite subsection 1] is | | mandatory. |
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| | | The requirements of this section, plus the notice and hearing | | provisions of the Act, are all that is necessary to satisfy due | | process. This Act, like the UCCJA and the PKPA is based on | | Justice Frankfurter's concurrence in May v. Anderson, 345 U.S. | | 528 (1953). As pointed out by Professor Bodenheimer, the | | reporter for the UCCJA, no "workable interstate custody law could | | be built around [Justice] Burton's plurality opinion ... . | | Bridgette Bodenheimer, The Uniform Child Custody Jurisdiction | | Act: A Legislative Remedy for Children Caught in the Conflict of | | Laws, 22 Vand.L.Rev. 1207,1233 (1969). It should also be noted | | that since jurisdiction to make a child custody determination is | | subject matter jurisdiction, an agreement of the parties to | | confer jurisdiction on a court that would not otherwise have | | jurisdiction under this Act is ineffective. |
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| | | §1746.__Exclusive, continuing jurisdiction |
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| | | 1.__Exclusive, continuing jurisdiction.__Except as otherwise | | provided in section 1748, a court of this State that has made a | | child custody determination consistent with section 1745 or 1747 | | has exclusive, continuing jurisdiction over the determination | | until: |
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| | | A.__A court of this State determines that neither the child, | | nor the child and one parent, nor the child and a person | | acting as a parent have a significant connection with this | | State and that substantial evidence is no longer available | | in this State concerning the child's care, protection, | | training and personal relationships; or |
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| | | B.__A court of this State or a court of another state | | determines that the child, the child's parents and any | | person acting as a parent do not presently reside in this | | State. |
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| | | 2.__Modification without exclusive, continuing jurisdiction.__ | | A court of this State that has made a child |
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