Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 109 -- APPEARANCE AND LIMITED IMMUNITY

Article by Richard Crouch, Attorney at Law, Crouch & Crouch, Arlington, Virginia; (703) 528-6700;
Copyright Richard Crouch 1999. Originally Published in Family Law News, a Virginia
State Bar Publication

Table of Contents of UCCJA Article | Introduction

Proposed §146.8 (UCCJEA SECTION 109) ON APPEARANCE AND LIMITED IMMUNITY is definitely an improvement. It explicitly enacts the case law principle, which should be so obvious, but has not proved so, that custody jurisdiction under this Act is separate from other kinds of jurisdiction, and one can appear specially to argue the jurisdiction question without incurring personal jurisdiction, financial liability, etc. (See Taylor v. Jarrett, ____ P2d ____, 24 FLR 1449 (Ariz. 5/26/98)). It also gives this immunity when you participate substantively in a custody case, not just when you only argue jurisdiction.

Text of this Section of Uniform Act:
SECTION 109. APPEARANCE AND LIMITED IMMUNITY.

(a) A party to a child-custody proceeding, including a modification
proceeding, or a petitioner or respondent in a proceeding to enforce or
register a child-custody determination, is not subject to personal
jurisdiction in this State for another proceeding or purpose solely by
reason of having participated, or of having been physically present for
the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this State on a
basis other than physical presence is not immune from service of process
in this State. A party present in this State who is subject to the
jurisdiction of another State is not immune from service of process
allowable under the laws of that State.

(c) The immunity granted by subsection (a) does not extend to civil
litigation based on acts unrelated to the participation in a proceeding
under this [Act] committed by an individual while present in this State.

Virginia Version:

§20-146.8. Appearance and limited immunity.

A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this Commonwealth for another proceeding or purpose solely by reason of having participated, or having been physically present for the purpose of participating, in the proceeding.

B. A person who is subject to personal jurisdiction in this Commonwealth on a basis other than physical presence is not immune from service of process in this Commonwealth . A party present in this Commonwealth who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

C. The immunity granted by subsection A does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this Act committed by an individual while present in this Commonwealth.

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