| 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. |