Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 206 -- SIMULTANEOUS PROCEEDINGS

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 §146.17 (UCCJEA SECTION 206). SIMULTANEOUS PROCEEDINGS. This has been carefully thought out, but it is not certain whether all of its provisions will work out as intended. Subsection (c) (2), which allows a modifying court to enjoin enforcement proceedings in another state, may be an improvement, but it may not. Maybe it does make sense as part of a carefully designed scheme. There is the possibility, however, that the same judge who issues a crazy and irresponsible decision in flagrant violation of the Act can avoid any check on his unlawful actions by a proper decision in the proper state. Remember: there is no federal remedy. One might not agree with the drafters that the use of "pending" in the old statute was unwise.

Text of this Section of Uniform Act:

SECTION 206. SIMULTANEOUS PROCEEDINGS.

(a) Except as otherwise provided in Section 204, a court of this State
may not exercise its jurisdiction under this [article] if, at the time
of the commencement of the proceeding, a proceeding concerning the
custody of the child has been commenced in a court of another State
having jurisdiction substantially in conformity with this [Act], unless
the proceeding has been terminated or is stayed by the court of the
other State because a court of this State is a more convenient forum
under Section 207.

(b) Except as otherwise provided in Section 204, a court of this State,
before hearing a child-custody proceeding, shall examine the court
documents and other information supplied by the parties pursuant to
Section 209. If the court determines that a child-custody proceeding has
been commenced in a court in another State having jurisdiction
substantially in accordance with this [Act], the court of this State
shall stay its proceeding and communicate with the court of the other
State. If the court of the State having jurisdiction substantially in
accordance with this [Act] does not determine that the court of this
State is a more appropriate forum, the court of this State shall dismiss
the proceeding.

(c) In a proceeding to modify a child-custody determination, a court of
this State shall determine whether a proceeding to enforce the
determination has been commenced in another State. If a proceeding to
enforce a child-custody determination has been commenced in another
State, the court may:

(1) stay the proceeding for modification pending the entry of an order
of a court of the other State enforcing, staying, denying, or dismissing
the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for
enforcement; or

(3) proceed with the modification under conditions it considers
appropriate.

Virginia Version:

§20-146.17. (UCCJEA SECTION 206) Simultaneous proceedings.

A. Except as otherwise provided in §20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this Act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.

B. Except as otherwise provided in §20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to §20-146.20. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this Act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this Act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

2. Enjoin the parties from continuing with the proceeding for enforcement; or

3. Proceed with the modification under conditions it considers appropriate.

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