UCCJEA and PKPA
An overview
by
Professor M. R. Franks
Copyright © 2009, M. R. Franks

UCCJEA stands for Uniform Child
Custody Jurisdiction and Enforcement
Act
– It, or its nearly-identical predecessor, the UCCJA, is law
in all 50 states and in the territories
– We have UCCJEA in Louisiana

FPKPA, also called PKPA, is the Federal
Parental Kidnapping Prevention Act
– It is a federal statute
– It has nothing to do with kidnapping
FIRST, UCCJEA


The purpose of UCCJEA is to resolve and prevent
jurisdictional conflicts between states in custody
matters
– The act does not confer jurisdiction
– It does state which state may proceed to exercise
its jurisdiction
This is not a reciprocal act
– It is not necessary that the other state also have
UCCJEA or UCCJA
– UCCJEA applies internationally
HOME STATE

UCCJA (LRS 13:1802) defines the “Home State” of the
child as:
– the state in which the child immediately preceding the
time involved lived with his parents
– Or a parent
– Or a person acting as a parent
 For at least six consecutive months
 In the case of a child less than six months old, from
birth
 Periods of temporary absence are counted as part
of the six-month period
LRS 13:1813 provides that a court of this state which is
competent to decide child custody matters has jurisdiction by
initial or modification decree if
1. This state is the home state of the child
(i) On the date of commencement of the proceeding
(ii) or was the child’s home state within six months before commencement
 and the child is absent , but
 a parent or person acting as parent continues to live in this state, or
(iii) Or was the child’s home state within twelve months and the child was
evacuated in an emergency, or
2. A court of another state does not have jurisdiction, or the home state has
declined to exercise jurisdiction, and
(i) The child and at least one parent have a significant connection with this state, or
(ii) Substantial evidence is available in this state concerning the child’s care,
protection, training and personal relationships, or
3. All courts having jurisdiction have declined to exercise jurisdiction, or
4.
No court of any other state would have jurisdiction.
L.R.S. 13:1817

Notice and opportunity to be heard
must be given to the contestants
– The Act therefore applies to both
permanent and temporary custody
– To both original and modification decrees
– But not to ex parte orders
L.R.S. 13:1808

Notice may be given to persons outside
this state by
– Personal service outside this state, or
– By registered or certified mail, or
– By service on a court-appointed curator-adhoc
L.R.S. 13:1818

Lockout provision
– A court of this state may not exercise
jurisdiction if a proceeding is pending in
the court of another state exercising
jurisdiction substantially in conformity with
UCCJEA

unless the proceeding is stayed by the court of
the other state on grounds that this state is a
more appropriate forum
L.R.S. 13:1819

Forum non conveniens:
– A court that has jurisdiction may decline to
exercise jurisdiction upon finding that a
court of another state is a more
appropriate forum.

Similar to forum non conveniens under the
Code of Civil Procedure
L.R.S. 13:1820

A kidnapper cannot set up a home state
– If the petitioner has wrongfully taken the
child, the court shall decline to exercise
jurisdiction.
L.R.S. 13:1821

In all custody cases, the petitioner shall
file a pleading under oath:
– Giving each address where the child has lived within the
last five years, and
– Advising whether he has participated as a party or
witness in any other custody proceeding concerning the
child, and
– Advising of any custody proceedings pending in any other
court, and
– Identifying any other party who claims rights of custody
L.R.S. 13:1825

Recognition of out-of-state decrees
– The courts of this state shall recognize and
enforce a custody determination of a court
of another state if the latter court acted in
conformity with UCCJEA
L.R.S. 13:1815

Modification of decree of another state
– A court of this state may not modify a child
custody determination made by a court of
another state unless a court of this state
has jurisdiction to make an initial
determination and the court of the other
state no longer has jurisdiction or none of
the parties now resides in such state
L.R.S. 13:1827

Enforcing decree of another state
– A certified copy of a custody decree of
another state may be registered
– A decree so registered has the same effect
and is enforced in like manner as a custody
decree rendered by a court of this state
L.R.S. 13:1805

International application
– A foreign country is treated as if it were a
state
– Unless that country violates substantial
human rights
L.R.S. 13:1816
Abandoned children and emergencies
are now in a separate section.
 Emergency jurisdiction has never been
favored under the old UCCJA.
 In an emergency, a court may grant
temporary relief to enable the claimant
to seek relief in the proper state.

You’ve now learned about
UCCJEA
Uniform Custody Jurisdiction and Enforcement Act
Uniform Custody Jurisdiction Act
L.R.S. 13:1801 et seq.
Now let’s talk about PKPA
Federal Parental Kidnapping Prevention Act
28 U.S. Code § 1738A
It has nothing
to do with
kidnapping
FPKPA


The purpose of FPKPA is to determine which custody
decrees are entitled to full faith and credit
The act is based on U.S. Const. Art. IV, Section 1:
– Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other
State; And the Congress may by general Laws prescribe the
Manner in which such Acts, Records and Proceedings shall
be proved, and the Effect thereof.

The act does not apply internationally
PKPA is like the old UCCJA.


Yet PKPA is a federal law, and under the
supremacy clause a federal statute
trumps UCCJEA.
See Atkins v. Atkins, 623 So.2d 239 (La.
App. 2d Cir. 1993).
HOME STATE under FPKPA

28 U.S.C. § 1738A defines the “Home State” of the child
as:
– the state in which, immediately preceding the time
involved, the child lived with his parents
– Or a parent
– Or a person acting as a parent
 For at least six consecutive months
 In the case of a child less than six months old, from
birth
 Periods of temporary absence are counted as part
of the six-month period
28 USC § 1738A (c)(1) provides that a child custody determination
made by the court of a state is consistent with this section only if
1. Such court has jurisdiction under the law of such state, and
2. One of the following conditions is met:
A. Such state is the home state of the child
(i) on the date of commencement of the proceeding
(ii) or had been the child’s home state within six months before the date of commencement
– and the child is absent because of his removal or retention by a contestant,
– and a contestant continues to live in such state, or
B.
(i) It appears that no other state would have jurisdiction under Subparagraph A, and
(ii) It is in the best interests of the child that a court of such state assume jurisdiction because
(I) the child and at least one contestant have a significant connection with such state
(II) and there is available in such state substantial evidence concerning the child’s present
or future care, or
C. The child is physically present in such state, and
(i) the child has been abandoned
(ii) or it is necessary in an emergency to protect the child, or
D.
(i) It appears no other state would have jurisdiction, or another state has declined to exercise
jurisdiction on the ground that such state is the more appropriate forum, and
(ii) it is in the best interests of the child that such court assume jurisdiction
28 U.S. Code § 1738A (d)

The jurisdiction of a court of a state which
has made a child custody or visitation
determination consistently with this section
continues
– so long as the requirement of subsection (c)(1)
[the four tiers] continues to be met, and
– such state remains the residence of the child or of
any contestant
28 U.S. Code § 1738A (e)

Before a child custody or visitation
determination is made, reasonable notice
and opportunity to be heard shall be given
to
– the contestants
– any parent whose rights have not previously
been terminated, and
– any person who has physical custody
28 U.S. Code § 1738A (f)

A court may modify a determination of
custody of the same child made by a court of
another state if
– it has jurisdiction to make such a determination,
and
– the court of the other state no longer has
jurisdiction, or has declined to exercise jurisdiction
28 U.S. Code § 1738A (g)

A court of a state shall not exercise
jurisdiction in any proceeding for custody
commenced during the pendency of a
proceeding in another state where such court
of that other state is exercising jurisdiction
consistently with the provisions of this
section.
28 U.S. Code § 1738A (h)

A court of a state may not modify a visitation
determination made by a court of another
state unless the court of the other state
– no longer has jurisdiction, or
– has declined to exercise jurisdiction
UCCJEA



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Primarily determines
which state shall
proceed and which shall
abstain
Treats emergencies
separately
Contains provisions on
enforcement of out-ofstate custody orders
Applies internationally
FPKPA

Primarily determines
which custody decrees
are entitled to full faith
and credit

Treats emergencies as
the third tier

Does not apply
internationally
The Beginning
of your successful family law practice
and
The End
of this presentation