LD 432
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Page 3 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 5 of 63
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LR 316
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4. Specification of what custody proceedings are covered. The
definition of custody proceeding in the UCCJA is ambiguous. States
have rendered conflicting decisions regarding certain types of
proceedings. There is no general agreement on whether the UCCJA
applies to neglect, abuse, dependency, wardship, guardianship,
termination of parental rights, and protection from domestic
violence proceedings. The UCCJEA includes a sweeping definition
that, with the exception of adoption, includes virtually all cases
that can involve custody of or visitation with a child as a
"custody determination."

 
5. Role of "Best Interests." The jurisdictional scheme of
the UCCJA was designed to promote the best interests of the
children whose custody was at issue by discouraging parental
abduction and providing that, in general, the State with the
closest connections to, and the most evidence regarding, a child
should decide that child's custody. The "best interest" language
in the jurisdictional sections of the UCCJA was not intended to
be an invitation to address the merits of the custody dispute in
the jurisdictional determination or to otherwise provide that
"best interests" considerations should override jurisdictional
determinations or provide an additional jurisdictional basis.

 
The UCCJEA eliminates the term "best interests" in order to
clearly distinguish between the jurisdictional standards and the
substantive standards relating to custody and visitation of
children.

 
6. Other Changes. This draft also makes a number of
additional amendments to the UCCJA. Many of these changes were
made to harmonize the provisions of this Act with those of the
Uniform Interstate Family Support Act. One of the policy bases
underlying this Act is to make uniform the law of interstate
family proceedings to the extent possible, given the very
different jurisdictional foundations. It simplifies the life of
the family law practitioner when the same or similar provisions
are found in both Acts.

 
Enforcement Provisions

 
One of the major purposes of the revision of the UCCJA was to
provide a remedy for interstate visitation and custody cases. As
with child support, state borders have become one of the biggest
obstacles to enforcement of custody and visitation orders. If
either parent leaves the State where the custody determination
was made, the other parent faces considerable difficulty in
enforcing the visitation and custody provisions of the decree.
Locating the child, making service of process, and


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