NCJ Number
83130
Journal
Washington and Lee Law Review Volume: 39 Issue: 1 Dated: (Winter 1982) Pages: 149-163
Date Published
1982
Length
15 pages
Annotation
The Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA) are examined as responses to interstate child custody problems.
Abstract
The full faith and credit clause of the U.S. Constitution ensures that decisions courts render in one State receive equal recognition in the courts of other States; however, the U.S. Supreme Court has been reluctant to extend application of the clause to child custody decrees. Without guidance from the Supreme Court, States have differed widely in their approaches to interstate custody recognition, and many State courts have been unwilling to defer to their sister States' custody decrees. In an effort to alleviate interstate custody problems, most States have now adopted the UCCJA, which requires recognition of foreign custody decrees conforming to the statute's jurisdictional provisions. To close the remaining gaps in interstate custody recognition, Congress passed the PKPA in 1980, which extends full faith and credit to custody decrees in all States. How courts apply the acts ultimately will determine whether the legislation can succeed in reducing interstate custody disputes. The UCCJA's dependence on judicial interpretation may place too much discretion with State judges whose treatment of the statute may differ. Further, the failure of even a few States to enact the UCCJA has provided refuge for child abductors. One principal reason for Federal legislation in the PKPA was to prevent States not enacting UCCJA from becoming havens for child abductors. The combined impact of the State and Federal statutes should deter parental kidnapping, dissuade forum shopping, reduce interstate jurisdictional competition, and promote more stable home environments. A total of 105 footnotes are listed.