U.S. courts must guide interstate custody
Article Abstract:
A limited use of federal courts for the resolution of interstate custody disputes should be permitted. Many appeals in both state and federal courts would be avoided by providing this limited access as well as serving the child's best interests by resolving disputes expeditiously and providing as much certainty as possible. Congress and the states have made efforts to streamline interstate custody disputes with the Uniform Child Custody Act and the Parental Kidnapping Prevention Act, but the US Supreme Court holding in Thompson v. Thompson shows that a more comprehensive legislative effort is needed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Jurisdiction Act seeks consistency; the Uniform Child Custody Jurisdiction and Enforcement Act attempts to cure the problems earlier laws failed to resolve
Article Abstract:
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) seeks to harmonize the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act, providing a uniform procedure for state enforcement of custody and visitation orders. Preemption and disparate court interpretations prevented the earlier laws from having much effect. The most important part of the UCCJEA may be the word "enforcement" in the title, and patterning this after habeas corpus proceedings seeks to expedite enforcement.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Children and divorce laws need consistency
Article Abstract:
Child custody decisions when a parent relocates are never easy and sometimes without happy endings, but such decisions can be more consistent. When both parents are caring people who want a post-divorce relationship with the child, the court can often not devise a satisfactory solution. A clear and enforceable notification requirement and consistent factors for courts to consider in deciding such cases would go a long way. Sample factors to consider are given.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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