LD 432
pg. 46
Page 45 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 47 of 63
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LR 316
Item 1

 
Enforcement of custody determinations of issuing States is
also required by federal law in the PKPA, 28 U.S.C. § 1738A(a).
The changes made in Article 2 [Me. cite subchapter II] of this
Act now make a State's duty to enforce and not modify a child
custody determination of another State consistent with the
enforcement and nonmodification provisions of the PKPA.
Therefore custody determinations made by a State pursuant to the
UCCJA that would be enforceable under the PKPA will generally be
enforced under this Act. However, if a State custody
determination made pursuant to the UCCJA would not be enforceable
under the PKPA, it will also not be enforceable under this Act.
Thus a custody determination made by a "significant connection"
jurisdiction when there is a home State is not enforceable under
the PKPA regardless of whether a proceeding was ever commenced in
the home State. Even though such a determination would be
enforceable under the UCCJA with its four concurrent bases of
jurisdiction, it would not be enforceable under this Act. This
carries out the policy of the PKPA of strongly discouraging a
State from exercising its concurrent "significant connection"
jurisdiction under the UCCJA when another State could exercise
"home state" jurisdiction.

 
This section also incorporates the concept of Section 15 of
the UCCJA to the effect that a custody determination of another
State will be enforced in the same manner as a custody
determination made by a court of this State. Whatever remedies
are available to enforce a local determination can be utilized to
enforce a custody determination of another State. However, it
remains a custody determination of the State that issued it. A
child-custody determination of another State is not subject to
modification unless the State would have jurisdiction to modify
the determination under Article 2 [Me. cite subchapter II].

 
The remedies provided by this article [Me. cite this
subchapter] for the enforcement of a custody determination will
normally be used. This article does not detract from other
remedies available under other local law. There is often a need
for a number of remedies to ensure that a child-custody
determination is obeyed. If other remedies would easily
facilitate enforcement, they are still available. The
petitioner, for example, can still cite the respondent for
contempt of court or file a tort claim for intentional
interference with custodial relations if those remedies are
available under local law.

 
§1764.__Temporary visitation

 
1.__Temporary order for enforcement.__A court of this State
that does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:


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