NCJ Number
81331
Journal
Hastings Law Journal Volume: 28 Issue: 4 Dated: (1976/1977) Pages: 1011-1026
Date Published
1977
Length
16 pages
Annotation
This article examines the existing law as to child custody and proposals for its reform.
Abstract
To date, the suggested remedies for the child snatching problem have been (1) judicial self-restraint in entertaining modification proceedings, (2) congressional action to amend the Judiciary Act so that the full faith and credit obligation is expressly made to adhere to custody and visitation decrees and orders, (3) the imposition of criminal sanctions against those who illegally take or retain children in violation of the rights of the lawful custodian, and (4) the Uniform Child Custody Jurisdiction Act. Under the criminal law of most States, child snatching is not prosecuted. Moreover, police and prosecutors usually are uncooperative, viewing a custody dispute as one example of a family fight that had best be avoided. Bills were introduced in the last session of Congress to extend Federal and FBI authority to child snatching cases, and California has passed tougher sanctions against child snatchers. The Uniform Child Custody Jurisdiction Act, enacted in eight States, is intended to discourage continued controversies over child custody and to deter child abductions by designating one court as the proper forum for determining custody and later for seeking modification. It requires States to cooperate but not to compete with the proper forum on custodial matters. However, the Act insulates decisions by the home State (the proper forum) from attack even in cases where the rendered child custody decision proves deplorably wrong. Nevertheless, this Act assures the stability, continuity, and security of ongoning relationships and places child snatching within control of the law. Implementation of the Act nationwide is recommended. Footnotes are included.