Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 305 -- REGISTRATION OF ORDERS

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 UCCJEA Article | Introduction

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.

Text of this Section of Uniform Act:

Virginia Version:

§20-146.27. Enforcement of registered determination.

A. A court of this Commonwealth may grant any relief normally available under the law of this Commonwealth to enforce a registered child custody determination made by a court of another state.
B. A court of this Commonwealth shall recognize and enforce, but may not modify, except in accordance with Article 2 (§ 20-146.12 et seq.), a registered child custody determination of a court of another state.

Proposed §146.28 (UCCJEA SECTION 307) ON SIMULTANEOUS ENFORCEMENT AND MODIFICATION IN TWO DIFFERENT STATES is a good provision.

Text of this Section of Uniform Act:

Virginia Version:

§20-146.28. Simultaneous proceedings.

If a proceeding for enforcement under this article is commenced in a court of this Commonwealth and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2 (§ 20-146.12 et seq.), the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

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.

Text of this Section of Uniform Act:

SECTION 314. APPEALS. An appeal may be taken from a final order in a
proceeding under this [article] in accordance with [expedited appellate
procedures in other civil cases]. Unless the court enters a temporary
emergency order under Section 204, the enforcing court may not stay an
order enforcing a child-custody determination pending appeal.

Virginia Version:

§20-146.35. Appeals.

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under §20-146.15, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

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