| The dissolution, annulment or separation of a | | | | regarding that order. This applies to situations such as |
| marriage many often times result in the relocation of | | | | when a custodial parent moves out of the state and |
| one or both parents to different states or countries | | | | the other parent wants to request a modification of |
| for many reasons. Some of these reasons might be | | | | the visitation schedule. The non-custodial parent does |
| legitimate, others not. Interstate and international child | | | | not have to move to the other state to claim his or |
| moves can become real issues regarding the custody | | | | her rights. He or she can file a motion in the same |
| and visitation rights of the parents. One challenge this | | | | state where the original separation, annulment or |
| type of situation presents is how to determine which | | | | divorce order was entered. |
| court has the power to decide a child custody or | | | | In those cases where the child has been moved to a |
| visitation dispute, after a parent moves out of state | | | | foreign country, the UCCJEA grants the state court |
| or out of the country. | | | | discretion in ordering the child's immediate return, |
| If you want to claim your custody or visitation rights | | | | when that country's child custody laws violate |
| over your child in another state, do you go to the | | | | fundamental principles of human rights. |
| divorce court in your state or do you have to | | | | The UCCJEA is not a substitute for the custody or |
| present your claim in the state where the child is | | | | visitation state law. The act provides the guidelines to |
| now? | | | | solve the conflict between different state courts |
| Parents in a custody battle over their children have | | | | with seemingly the same authority to manage a |
| frequently used moving great distances as a | | | | particular custody or child dispute. The conflict of |
| technique to delay the compliance of valid orders, to | | | | which court has the power to hear a custody or |
| avoid an unfavorable proceeding, or to obtain | | | | visitation case has to be resolved before the case |
| conflicting custody or visitation orders in order to | | | | can be considered on its merits. |
| create a legal conflict. Several laws have been | | | | Another great advantage of the UCCJEA is that it |
| enacted to acknowledge the authority and guarantee | | | | establishes new provisions under which the state |
| the enforcement of custody and visitation orders | | | | courts can make their child custody and visitation |
| from cooperating states. Working together, states | | | | orders enforceable in other states. The Act provides |
| can also avoid multiple-state litigation. The Uniform | | | | the states courts with the power to conduct |
| Child Custody Jurisdiction and Enforcement Act | | | | expedited proceedings to enforce custody |
| (UCCJEA), the Parental Kidnapping Act (PKA), the | | | | determinations, to issue temporary visitation orders, |
| Violence Against Women Act (VAWA), the Hague | | | | to issue warrants for the taking of the child's physical |
| Convention on the Civil Aspects of International Child | | | | possession, to give prosecutors of another state the |
| Abduction, and the International Child Abduction | | | | authority to take any lawful action to locate a child |
| Remedies Act (ICARA) work together to prevent | | | | and facilitate the child's return, and to establish a |
| interstate and international parental kidnapping. | | | | registry of out-of-state custody orders. The |
| The UCCJEA clarifies the issue of jurisdiction by | | | | prosecutor of the state where the child was moved |
| adopting the "home state" doctrine, whereas the | | | | can, under the Act, install a proceeding to enforce |
| court that originally issued the custody or visitation | | | | the child custody determination from the home state |
| order retains continuous authority to decide any issue | | | | without the other parent having to be present. |