settled on the phrase that "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" to determine when the exclusive, continuing jurisdiction of |
a State ended. The phrase is meant to be identical in meaning to |
the language of the PKPA which provides that full faith and credit |
is to be given to custody determinations made by a State in the |
exercise of its continuing jurisdiction when that "State remains |
the residence of ... ." The phrase is also the equivalent of the |
language "continues to reside" which occurs in UIFSA § 205(a)(1) to |
determine the exclusive, continuing jurisdiction of the State that |
made a support order. The phrase "remains the residence of" in the |
PKPA has been the subject of conflicting case law. It is the |
intention of this Act that paragraph (a)(2) [Me. cite subsection 1, |
paragraph 3] of this section means that the named persons no longer |
continue to actually live within the State. Thus, unless a |
modification proceeding has been commenced, when the child, the |
parents, and all persons acting as parents physically leave the |
State to live elsewhere, the exclusive, continuing jurisdiction |
ceases. |