Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 210 -- ORDER TO APPEAR WITH CHILD

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 §146.21 (UCCJEA SECTION 210). ORDER TO APPEAR WITH CHILD. This was a provision of the UCCJA which was not that often used, and was often ignored. When anyone did attempt to use it, that party ran into some major stumbling blocks to expedited proceedings, and for no good reasons, whenever it was interpreted by literal-minded courts such as we have in Virginia.

Comment: I don't know why the wording of this statute should still be so unnecessarily complex, and why an extra procedural step and determination has to be built into it. When you think about the number of days that are lost in giving notice to ill-disposed persons who have already abducted children and are determined to avoid the proper operation of this statute, it is hard to see why persons should be required to give notice in three separate stages. This section should be written in a much more practical way.

Text of this Section of Uniform Act:

Virginia Version:

§20-146.21. Appearance of parties and child.

A. In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to appear before the court in person with or without the child. The court may order any person who is in this Commonwealth and who has physical custody or control of the child to appear in person with the child.

B. If a party to a child custody proceeding whose presence is desired by the court is outside this Commonwealth, the court may order that a notice given pursuant to §20-146.7 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

D. If a party to a child custody proceeding who is outside this Commonwealth is directed to appear under subsection B or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

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