Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 310 -- ENFORCEMENT HEARING AND ORDER

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 §146.31 (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.

TEXT:

Virginia Version:
§20-146.31. Hearing and order.

A. Unless the court issues a temporary emergency order pursuant to § 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

1. The child custody determination has not been registered and confirmed under §20-146.26 and that:

a. The issuing court did not have jurisdiction under Article 2 (§20-146.12 et seq.);

b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§20-146.12 et seq.); or

c. The respondent was entitled to notice, but notice was not given in accordance with the standards of §20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or

2. The child custody determination for which enforcement is sought was registered and confirmed under §20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§20-146.12 et seq.).

B. The court shall award the fees, costs, and expenses authorized under §20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.

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