NCJ Number
89642
Journal
Syracuse Law Review Volume: 33 Issue: 4 Dated: (Fall 1982) Pages: 1103-1132
Date Published
1982
Length
30 pages
Annotation
The Federal Government's use of its constitutional power under the full faith and credit clause to enact the Parental Kidnapping Prevention Act (PKPA) of 1980 was a vital step toward resolving the child snatching problem.
Abstract
Even though nearly all the States have enacted the Uniform Child Custody Jurisdiction Act (UCCJA), there are several reasons why the Federal legislation is needed. The few States that have failed to enact the UCCJA can continue to provide asylum to child-snatching parents. Some States have enacted the UCCJA with variations that may undermine the uniformity and consistency needed among States on the basic questions of jurisdiction and the duty of interstate enforcement. Moreover, States tend to construe and apply the fundamental provisions of the UCCJA inconsistently and, thus, may tempt parents to 'forum shop' for a jurisdiction whose interpretations and applications of the UCCJA favor their position. The UCCJA and the PKPA, standing together, can work to resolve the problem of parental kidnapping. A total of 183 case notes are cited. (Author summary modified)