The Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”) is adopted in all states in the U.S. and concerns jurisdiction of child custody matters. The UCCJEA provides that States must enforce custody and visitation orders from other courts, including foreign country courts. The UCCJEA also clarifies who has jurisdiction over custody cases. Under the UCCJEA, there are four bases for jurisdiction for an initial custody determination: (1) home state; (2) significant connections; (3) more appropriate forum; and (4) vacuum jurisdiction. There is also another ground for emergency situations, in which then a temporary order may be made. If there is an emergency situation, such as in a domestic violence situation, a state which may not have jurisdiction could exercise jurisdiction for the safety of the child.
Let’s look at an example of jurisdiction under the UCCJEA. If a mother and child lived in New York, then moves to California, the mother cannot seek a custody order in the California court. California would decline jurisdiction because New York is the child’s home state. On the other hand, if the mother moves to California, leaving the father behind and the father wants to obtain a custody order, he should get it in New York as soon as possible. If he waits too long, California could end up with jurisdiction.