interstate disputes caused by the UCCJA, Congress passed the PKPA in
United States Code, the PKPA created a federal obligation that all
In addition to these discrepancies, the UCCJA suffered from a complicated intersection with the PKPA
Blakesley, Comparativist Ruminations from the Bayou on Child Custody Jurisdiction: The UCCJA, the PKPA
, and the Hague Convention on Child Abduction, 58 LA.
As seen with the PKPA and through the power vested in Congress
Much like PKPA, which was passed to assure full faith and credit to
Price noted that the PKPA was enacted precisely for this type of situation: to ensure that different state policies didn't create jurisdictional problems and to protect children by ensuring that a parent could not arbitrarily change the terms of a custodial decision, or child support award, that he or she disagreed with by simply moving to another state.
Price noted that Congress never intended DOMA to supplant or undo the PKPA scheme.
118) Although the New York Family Court was convinced that the child's return to Tennessee with his father might be contrary to the child's best interests, the court, without judicial communication, held that Tennessee was the home state under the PKPA
and the UCCJA, and thus was entitled to exercise jurisdiction.
Shortly before enactment of the PKPA
, between 25,000 and 100,000 youngsters had been kidnapped by losing custody litigants in search of a more favorable disposition on the custody question.
Promulgated in 1997, the UCCJEA replaced the Uniform Child Custody Jurisdiction Act (UCCJA) and resolved certain inconsistencies between the UCCJA and the PKPA
For example, Congress passed the PKPA
, discussed infra at text accompanying notes 246-49, approximately two years after its introduction; but the legislative history refers to a "predecessor proposal," which passed the Senate in the prior Congress but was not taken up by the House.