The Family Law Section of
the State Bar of Michigan
MID-SUMMER
SEMINAR
The Uniform Child
Custody Jurisdiction &
Enforcement Act
The “UCCJEA”
Jeanne M. Hannah
UCCJEA and Parental
Kidnapping
• According to the United States Department of
Justice, Office of Juvenile Justice and
Delinquency Prevention, there are between
200,000 and 300,000 reported cases of parental
abduction every year in the United States
• In nearly half of these cases, children are taken
across state lines and concealed, or the abductors
have prevented contact with the “left-behind”
parent, and/or have intended to keep the children
indefinitely or until custody was changed.
UCCJEA and Parental
Kidnapping
• All 50 states have enacted the Parental
Kidnapping Prevention Act of 1980.
• The Uniform Child Custody Jurisdiction Act was
promulgated as a Uniform Law in 1968, and was
eventually enacted by all 50 states.
• The UCCJA governed jurisdiction to make and
modify child custody determinations
and required recognition and enforcement of
custody orders issued by sister states.
UCCJEA and PKPA
• Because the UCCJEA gave equal weight to each of the
four bases for taking jurisdiction, there continued to be
controversies between state courts as to which court had
exclusive or continuing jurisdiction, causing an inherent
conflict between the UCCJA and the PKPA.
• As a result, the Uniform Laws Commission promulgated
the Uniform Child Custody Jurisdiction and Enforcement
Act in 1997.
• The UCCJEA to date has been adopted by 45 states. The
UCCJA remains the law in those states not adopting the
UCCJEA.
Basic Facts
UCCJEA in Michigan
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Act 195 of 2001, effective on April 2, 2002
Codified at MCL 722.1101 et seq.
Replaced the UCCJA, which was repealed
Achieved consistency with the PKPA
Established a new priority system regarding
exercise of original jurisdiction to determine
custody
Basic Facts
UCCJEA in Michigan
• Clear standards: When does a State have
jurisdiction to make initial custody determination?
• Clear standards: When should a State continue
jurisdiction?
• Clear standards: When may a State accept
jurisdiction to modify orders of another State?
• Establishes uniform mechanism for interstate
enforcement of custody orders.
Four Articles
UCCJEA in Michigan
• Article 1—”General Provisions” (including
definitions) MCL 722.1101 through
722.1109
• Article 2—”Jurisdiction” (substantive
provision, except enforcement)
• Article 3—”Enforcement”
• Article 4—”Miscellaneous”
JURISDICTION
Original Jurisdiction under the
UCCJA
• Four Bases:
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Home state
Best interest of the child
Abandonment or emergency
No other State with jurisdiction
• Each basis had equal priority
Original Jurisdiction under the
UCCJEA MCL 722.1201(1)(a)
• Original Jurisdiction—Priority to make initial
child custody order
– If child has a Home State, that is the only State where
jurisdiction is proper unless the Home State declines to
exercise jurisdiction
– “Home State” = State in which child lived with a
parent or person acting as a parent on the date of
commencement of child custody proceeding or State
that was the home state of the child within the 6 months
immediately preceding filing of the action.
Home State Jurisdiction
• Home State = priority basis for jurisdiction
• The definition of “Home State” is the same as
under the UCCJA, but, importantly, the UCCJEA
removes the burden from the petitioner to show
why the child is not in the state.
• Physical presence of, or personal jurisdiction over,
a party or a child is neither necessary nor
sufficient to make a child-custody determination.
MCL 722.1201(3).
“Significant Connection”
Jurisdiction under MCL
722.1201(1)(b)
• A court of another state does not have jurisdiction
or declines to exercise jurisdiction AND the court
finds both:
— Child and child’s parents or child and 1 parent
have a significant connection with Michigan other
than mere presence
— Substantial evidence is in Michigan re: child’s
care, training, protection, & personal relationships
Significant Connection
Jurisdiction (cont.)
• UCCJEA removes a “best interest” basis for
jurisdiction (contrary to the UCCJA)
• Remember: Significant connection jurisdiction is
subordinate to “home state” jurisdiction
• “Significant connection” jurisdiction will not work
if
— Another state has “home state” jurisdiction, and
— The state with Home State jurisdiction refuses to
decline jurisdiction because of inconvenient forum or
conduct of a party
Significant Connection
Jurisdiction (cont.)
• The crux of the issue: Is there sufficient evidence
in the state to make an informed custody
determination?
• Narrower definition of who has the connection: (a)
The child and the child's parents, or (b) the child
and at least 1 parent or a person acting as a parent
• The connection must be significant — more than
mere physical presence.”
“More Appropriate Forum”
Jurisdiction under MCL
722.1201(1)(c)
• Michigan has jurisdiction if state having
Home State jurisdiction under subdivision
(a) and state having Significant Connection
jurisdiction under subdivision (b) decline to
exercise jurisdiction on grounds that
Michigan is more appropriate forum to
make decision under sections 207 or 208
“No other state” Jurisdiction
under MCL 722.1201(1)(d)
• Michigan can exercise jurisdiction to make
an initial child custody determination if no
other state has or retains jurisdiction under
subsections (a), (b), or (c).
• Remember: There is no best interest of the
child standard as in the UCCJA.
Emergency Jurisdiction
MCL 722.1204
• Unlike the UCCJA, Emergency Jurisdiction now
has its own section, MCL 722.1204.
• Michigan has temporary emergency jurisdiction if
the child is present in this state and the child has
been abandoned or it is necessary in an emergency
to protect the child because the child, or a sibling
or parent of the child, is subjected to or threatened
with mistreatment or abuse. MCL 722.1204(1)
Declining Jurisdiction
• A court that has jurisdiction may decline to
exercise it on the grounds that another state
is a more convenient forum, or because of
conduct of one of the parties. No best
interest of the child analysis required.
No Personal Jurisdiction
Requirement
• MCL 722.1201(2): Subsection (1) is the
exclusive jurisdictional basis for making a
child-custody determination by a court of
this state.
• MCL 722.1201(3): Physical presence of, or
personal jurisdiction over, a party or a child
is neither necessary nor sufficient to make a
child-custody determination.
Exclusive, Continuing
Jurisdiction MCL 722.1202
• Major change from the UCCJA.
• Once a court that has jurisdiction under the
UCCJEA makes a custody determination, that
court keeps exclusive and continuing jurisdiction
over that determination until:
• That same court determines that neither the child, the parents,
and any person acting as parent has a substantial connection
with the state and that substantial evidence is no longer
available in this state regarding the child’s care, protection,
training, and personal relationships or
• That same court or another court determines that none of the
above parties resides in the issuing state.
Jurisdiction to Modify
722.1203
MCL
• Issuing state maintains control.
• Another state can modify only :
• No substantial connection with the issuing state.
• Nobody residing in the issuing state.
• Either the issuing court or another court can
determine the second bases, i.e., that
nobody is residing in the issuing state.
Emergency Jurisdiction
MCL 722.1204
• Now called “temporary” emergency jurisdiction.
• A Michigan court has temporary emergency
jurisdiction if the child is present in this state and
the child has been abandoned or it is necessary in
an emergency to protect the child because the
child, or a sibling or parent of the child, is
subjected to or threatened with mistreatment or
abuse.
Emergency Jurisdiction (cont.)
• Issuing court (the court with exclusive, continuing
jurisdiction) retains control.
• Emergency court must communicate with issuing
court and emergency court must specify in any
order the time period that the court deems
adequate for the person seeking the custody order
to go to obtain the order from the issuing state.
• If there is no issuing state, any determination
remains in effect until some state obtains
jurisdiction under one of the four bases set forth in
the UCCJEA.
Simultaneous Proceedings
MCL 722.1206
• UCCJEA intention is that there are none.
• Issuing state has control if it had jurisdiction in
conformity with the UCCJEA.
• Issuing Court can do the following:
– Maintain jurisdiction. If this occurs, the other court
must dismiss the proceeding that is before it.
– Determine that the other state is the more convenient
forum and defer to it under the standard for
inconvenient forum. MCL 722.1207
Inconvenient Forum
MCL 722.1207
• The procedure is the same as under the
UCCJA.
• The factors regarding inconvenience are
different..
• Domestic violence is now a factor.
Inconvenient Forum (cont.)
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A Michigan Court, in determining if another state
is a more convenient forum must consider all
relevant factors and all of the following:
(a) Whether domestic violence has occurred and is likely
to continue in the future and which state could best
protect the parties and the child.
(b) The length of time the child has resided outside this
state.
(c) The distance between the court in this state and the
court in the state that would assume jurisdiction. AND
Inconvenient Forum (cont)
(d) The parties' relative financial circumstances.
(e) An agreement by the parties as to which state should
assume jurisdiction.
(e) The distance between the court in this state and the
court in the state that would assume jurisdiction.
(f) The nature and location of the evidence required to
resolve the pending litigation, including the child's
testimony.
(g)The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present
the evidence.
(h) The familiarity of the court of each state with the facts
and issues of the pending litigation.
ENFORCEMENT
Enforcement—An Overview
• Article 3 of the UCCJEA
• Establishes a uniform procedure for
enforcement.
• Basic remedy resembles habeas corpus.
• If there are two states involved, the issuing
state remains in control.
• Communication between courts is
required.
Enforcement
MCL 722.1303
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A Michigan court shall recognize and enforce a child-custody
determination of a court of another state if the latter court exercised
jurisdiction that was in substantial conformity with this act or the
child-custody determination was made under factual circumstances
meeting the jurisdictional standards of this act and the child-custody
determination has not been modified in accordance with this act.
(2) A court of this state may utilize a remedy available under another
law of this state to enforce a child-custody determination made by a
court of another state. The procedure provided by this article does
not affect the availability of other remedies to enforce a childcustody determination.
Full Faith and Credit
MCL 722.1312
• Courts in states that have enacted the
UCCJEA are required to give full faith and
credit to an order issued by another state
that is consistent with this act and to
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.
Securing the Return of
Kidnapped Child
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Not all states and not all Courts in states that
have enacted the UCCJEA have had sufficient
experience with the UCCJEA to acquaint them
with the procedures. A party is not required to
register a custody order in order to get
enforcement. A Writ of Habeas Corpus, a
UCCJEA Warrant for Return of Child, or a
UCCJEA Child Pick-up Order should be
enforced without registration.
Securing the Return of
Kidnapped Child (cont.)
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Practice Pointers
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Send person picking up child to state where child is located fully
armed with a certified copy of court documents (Motion for
Custody, Child Custody Order, UCCJEA Warrant
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Prepare law enforcement and the court in other state for arrival
of documents
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Request Full Faith & Credit – cite to that state’s UCCJEA (or
UCCJA) statute
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Communicate with Prosecuting Attorney and law enforcement,
sending copies of all documents and also sending along the
UCCJEA Bulletin provided by The Office of Juvenile Justice
and Delinquency Prevention (OJJDP)
Registration of Custody Orders
MCL 722.1305, 722.1306
• Uniform procedures are established.
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Specific documents must be submitted.
Specific notice must be given.
Other party must meet deadline to request a hearing.
Consequences of missing the deadline
• Court in enforcement state can grant any relief that
is authorized under the law of the enforcement
state, but may not modify the custody
determination.
Simultaneous Proceedings
MCL 722.1307
• During enforcement, it is appropriate to have
simultaneous proceedings under the UCCJEA.
• Enforcing court is required to communicate with
the issuing court.
• After communication, the enforcing court,
presumably at the direction of or with the
agreement of the issuing court can:
– Continue the enforcement action.
– Stay the enforcement proceeding..
– Dismiss the enforcement proceeding.
Expedited Enforcement
MCL 722.1308 through 722.1311
• Standardized requirements for a petition to enforce.
• Establishes a habeas corpus type of remedy:
– Upon filing petition, court issues order directing respondent to
appear with or without the child.
– Hearing is to be held on the next judicial day after service of the
order.
– Inquiry at hearing is limited to whether the issuing court had
jurisdiction under the UCCJEA or whether there is some defect in
procedure.
– Court authorized in an emergency (threat of physical harm or
removal of child) to issue a warrant to law enforcement officers to
take immediate physical custody of child.
Important Resources
•
2001 Bulletin: The Uniform Child Custody Jurisdiction
and Enforcement Act – Bulletin from OJJDP (Office of
Juvenile Justice & Delinquency Prevent)
www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf
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2001 Study: The Criminal Justice System’s Response to
Parental Kidnapping www.ncjrs.gov/pdffiles1/ojjdp/186160.pdf
Parental Kidnapping: Prevention and Remedies. ABA.
Patricia Hoff www.abanet.org/child/pkprevrem.pdf
A Family Resource Guide on International Parental
Kidnapping http://www.ncjrs.org/pdffiles1/ojjdp/190448.pdf
More Important Resources
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The Committee for Missing Children, Inc. – Custody
and Parental Abduction by State. Resources for
lawyers and parents -- links to the substantive law
available in each State for use in recovering
children who have been abducted.
http://www.findthekids.org/abdbystate.html
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List of 44 states having adopted UCCJEA and other
summary of UCCJEA from ABA:
www.abanet.org/family/newsletters/2005/UCCJEA.pdf
More Important Resources
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Early Identification of Risk Factors for Parental
Abduction.
www.ncjrs.gov/html/ojjdp/2001_3_1/contents.html
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Or in PDF format:
www.ncjrs.gov/pdffiles1/ojjdp/185026.pdf
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Missingkids.com – Then go to Resources for Parents
More Important Resources
• From the Polly Klaas Foundation, many resources
http://www.stopfamilyabductionsnow.org/family_court.html
• "The Impact of Parental Kidnapping Laws and Practice on
Domestic Violence Survivors
http://www.vaw.umn.edu/documents/pkreport/pkreport.html
• An Advocate's Guide to Full Faith and Credit for Orders of
Protection :
Assisting Victims of Domestic Violence
http://www.vaw.umn.edu/documents/ffc/pcadv/pcadv.html