Summary of Recommendations and Proposed Changes to 1999 SB 413, Uniform Child Custody Jurisdiction & Enforcement Act


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

(One-page summary repared for the Virginia Bar Association Coalition Committee by Richard Crouch)

Overall, we strongly support enacting the UCCJEA. However, we suggest the following changes to the text of SB 413 as introduced Jan. 26, 1998. All these suggestions would preserve existing UCCJA and PKPA language by omitting some changes and exceptions that the UCCJEA makes.

(UCCJEA Section 102) Proposed Va. Code Sec. 146.1, DEFINITIONS. "Abandoned" definition (Subsection 4) should be omitted. It is unnaturally overbroad. Present Act uses the term without a special definition, and that has worked perfectly. Used in applying the extremely broad "emergency" exception to all the Act's other jurisdiction limitations. (More on this)

(UCCJEA SECTION 202) Proposed Va. Code Sec. 146.13, EXCLUSIVE CONTINUING JURISDICTION. Omit Subsection (A)(1). Makes statute fearsomely and unnecessarily complex, for no supportable reason, works against overall intent of UCCJA and PKPA to discourage child snatching through clear, objective rules. Defeats supposed intent to conform UCCJA to PKPA. (More on this)

(UCCJEA Section 204) Proposed Va. Code Sec. 146.15, Emergency Jurisdiction. Very good overall, but wording needs care to avoid unintended results. (More on this)

(UCCJEA Section 209) Proposed Va. Code Sec. 146.20 on information required to be submitted with every initial pleading. Subsection (E). is language that the drafting Commissioners bracketed to show that it was not necessarily recommended. Because it allows an interstate abductor of children to keep the child's location and abduction history secret, and rewrites a concept that has worked well in the past, care must be taken with language. The present unnecessarily broad and vague wording works against overall intent of UCCJA and PKPA to discourage child snatching. Legitimate ends can be served with tighter language. (More on this)

(UCCJEA Section 305) Proposed Va. Code Sec. 146.26, Registration. Omit Subsections (C), (D), (E) and (F). Present system is easy and economical. New one is just the opposite, and confuses enforcement procedures with subject-matter jurisdiction decisions. (More on this)

(UCCJEA Section 110) Proposed Va. Code Sec. 146.9 on communication between judges. In Subsection (A), change "may" back to "shall". Mandatory judge-to-judge communication is key part of UCCJA/PKPA system, deals with substance of jurisdiction decisions efficiently. (More on this)

(UCCJEA Section 108) Proposed Va. Code Sec. 146.7 on METHODS OF NOTICE. After first sentence of Subsection (A), add. "Notice may also be by certified or registered mail, return receipt requested, addressed to the person to be served." (language of present UCCJA, § 20-108(A)(2a)). The new Act attempts to defer to local procedures, but inadvertently repeals procedures currently in use. (More on this)

(UCCJEA Section 106 ) Proposed Va. Code Sec. 146.5 on BINDING FORCE OF A CUSTODY DECISION. This says a custody decree of any state which properly had jurisdiction will remain binding -- until modified. This would be fine if it just said until modified by a court properly having jurisdiction, under the standards of this statute, which is what the UCCJA says. (More on this)

Return to: Table of Contents of Article | Introduction to UCCJEA | Crouch & Crouch home page | Family Law Information | Family Law Articles Index
Disclaimer: Items are not to be considered legal advice or to create any lawyer-client relationship. Most articles include some obsolete information. In addition, taking any legal information out of context, i.e., using it in a different court or a subtly different kind of case, or without the training to understand all of what it means or doing research to verify it, usually has disastrous consequences.