2. Provides basic framework for determining initial jurisdiction to make child custody orders ("home state" and "significant connection" jurisdiction) and provides for recognition of custody orders made consistently with these jurisdictional standards.

3. Most states, but not all, have included Section 23, which extends the general policies of the Act to international cases.

B. Uniform Child Custody Jurisdiction and Enforcement Act, 9(1A) U.L.A. 657 (1999).

1. Adopted in twenty-one states and pending in others.

2. "Home state" jurisdiction to be the exclusive basis of jurisdiction (if a "home state" exists), making it consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. §1738A.

3. State that makes a decree has continuing exclusive jurisdiction to modify.

4. Clarifies that jurisdiction and enforcement provisions apply in international cases.

II. Parental Kidnapping Prevention Act, (PKPA) 28 U.S.C. §1 738A, enacted in 1980

A. Requires as a matter of full faith and credit that sister states enforce and not modify any child custody determination made consistently with standards set forth in the statute.

1. Home state of the child (if there is one) has jurisdiction to hear a custody case and retains jurisdiction to modify that order (with limited exceptions).

B. PKPA is a "full faith and credit" provision only, and does not give jurisdiction to the lower federal courts.

C. PKPA does not apply in international cases.

III. International Parental Kidnapping Crime Act, 18 U.S.C. §1204 ("IPKCA")

A. Federal criminal statute, enacted in December 1993, imposing penalties for removal or retention of child from the U.S. with intent to obstruct lawful exercise of parental rights.

IV. Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention"), 19 I.L.M. 1501 (1980)

A. Adopted by unanimous vote of member states of the Hague Conference on October 25, 1980, and entered into force in the U.S. on July 1, 1988, with the enactment of implementing legislation, see International Child Abduction Remedies Act, 42 U.S. C. §~l1601-l16l0 (1989)("ICARA").

B. Offers expeditious remedy of return of child to country of habitual residence so that authorities in that State may adjudicate the custody dispute between the parties.

Under ICARA, Hague application may be brought in state or federal court in place where child is located.

C. Convention sets forth limited defenses, on which bases a court can refuse to return a child.

1. Defenses are to be construed narrowly in order to achieve objective of return of child to habitual residence.

D. Convention does not provide for jurisdiction to hear custody matters. If return of the child to another Contracting State is not required by the Convention, then power to hear custody case will be determined under that state’s own jurisdictional rules.

V. Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, adopted October 19, 1996 (Hague Convention on the Protection of Minors)

A. Signed by five countries -- Monaco, Morocco, the Netherlands, The Czech Republic and Slovakia -- but ratified only by Monaco and the Czech Republic, the Convention is not yet in force. The U.S. has expressed interest in becoming party to the Convention, but one can expect that it will take several years before implementing legislation is put together.

B. This Convention is the international corollary to the UCCJA and UCCJEA in that it establishes international standards for the exercise of custody jurisdiction and the enforcement of custody orders.

1. Child’s habitual residence to have jurisdiction to take necessary protective measures with respect to a child (Article 5).

2. Additional provisions for transfer of jurisdiction by habitual residence when other states are better placed to act.

3. Special provision for exercise of jurisdiction in connection with divorce and for "urgent measures".

4. Measures and orders of Contracting States will be recognized and enforced if made consistently with the Convention.

5. Provisions for cooperation among authorities of Contracting States are included.

(This document originated on the following US State Department website, which became missing in July, 2004)

Judicial Education on International Parental Child Abduction Page http://travel.state.gov/judedu.html

The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
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