kidnapping in the United States: federal legislation (namely, the UCCJA
was adopted by every state, although with variations that
(37) Yet, a mere eight paragraphs later, the court asserts that a termination proceeding falls within the UCCJA
's definition of "custody proceeding." (38) Justification even for the existing marital status exception is doubtful at best and seems to be implied in modern jurisprudence solely because of extensive precedent.
The court reached an interesting conclusion with respect to the application of the forum non conveniens doctrine and its application to the UCCJA
(the precursor to the UCCJEA).
In 1980, Congress passed the Parental Kidnapping Prevention Act (3) to strengthen the UCCJA
and allowed states to use the Federal Parent Locator Service to obtain address information on noncustodial parents who abducted their children.
represents an initial attempt to bring consistency to state jurisdictional laws.
Subject Matter Jurisdiction and the Relevance of the UCCJA
Notwithstanding section 23, the UCCJA
is inapplicable to foreign countries since they are not a "State" as defined by the ACt.(245)
The various enactments of the UCCJA
continuously were litigated and interpreted after its promulgation in 1968.
(131.) The Reporter for the NCCUSL Committee that drafted the UCCJA
observes that "[t]he basic notion underlying the Act--that jurisdiction be limited to those states which have maximum access to the relevant facts--implicitly excludes jurisdiction when the child and custody claimant are merely physically present without any durable ties with the state." Bodenheimer, supra note 114, at 1227-28.
Ultimately, it is the "state legislatures, not NCCUSL, that determine the need for uniformity." (319) However, the UCCJEA and its predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA
), show that when there is great diversity between the states, uniform acts are universally accepted and adopted by the states.
The first, the Uniform Child Custody Jurisdiction Act (UCCJA
) states that "a court determines jurisdiction based on a 'home' state or 'best interest' [of the child] analysis." 9 U.L.A.