Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Sections 306 to 314 -- ENFORCEMENT

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

UCCJEA Sections 306 to 314 -- ENFORCEMENT

Proposed §146.27 (UCCJEA SECTION 306). ENFORCEMENT AFTER REGISTRATION. Subsection (b) of this section, making clear that registration, recognition and enforcement does not create the right to modify an out-of-state decree, is a good provision.

Proposed §146.28 (UCCJEA SECTION 307) ON SIMULTANEOUS ENFORCEMENT AND MODIFICATION IN TWO DIFFERENT STATES is a good provision. Perhaps, in ways which I do not fully appreciate yet, it does properly mesh with Section 206.

Proposed §146.29 (UCCJEA SECTION 308). EXPEDITED ENFORCEMENT. The provisions of this section, especially subsection (c), requiring a hearing "on the next judicial day," are excellent. One may wonder if they will be accepted by legislatures, and then taken seriously by the courts.

Proposed §146.31 (UCCJEA SECTION 310) HEARING AND ORDER. The provision requiring that a child be delivered to the petitioner upon enforcement is definitely an improvement. Subsections (b), (c), and (d) are worthy of notice.

Proposed §146.32 (UCCJEA SECTION 311). WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. This certainly sounds like a good idea.

SECTION 313. RECOGNITION AND ENFORCEMENT.
A court of this State shall accord full faith and credit to an order issued by another State and
consistent with this [Act] which enforces a child-custody determination
by a court of another State unless the order has been vacated, stayed,
or modified by a court having jurisdiction to do so under [Article] 2.

Proposed §146.35 (UCCJEA SECTION 314). ON APPEALS is probably very salutary in barring a stay of an order enforcing a custody decree. It should also be useful in Hague Convention cases that can be characterized or pled as also being enforcement proceedings -- and legislators could also consider expanding it to cover all Hague Convention cases, which would be consistent with most of the case law that has developed on this point in Hague Convention cases.

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