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| 4. Specification of what custody proceedings are covered. The | | definition of custody proceeding in the UCCJA is ambiguous. States | | have rendered conflicting decisions regarding certain types of | | proceedings. There is no general agreement on whether the UCCJA | | applies to neglect, abuse, dependency, wardship, guardianship, | | termination of parental rights, and protection from domestic | | violence proceedings. The UCCJEA includes a sweeping definition | | that, with the exception of adoption, includes virtually all cases | | that can involve custody of or visitation with a child as a | | "custody determination." |
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| | | 5. Role of "Best Interests." The jurisdictional scheme of | | the UCCJA was designed to promote the best interests of the | | children whose custody was at issue by discouraging parental | | abduction and providing that, in general, the State with the | | closest connections to, and the most evidence regarding, a child | | should decide that child's custody. The "best interest" language | | in the jurisdictional sections of the UCCJA was not intended to | | be an invitation to address the merits of the custody dispute in | | the jurisdictional determination or to otherwise provide that | | "best interests" considerations should override jurisdictional | | determinations or provide an additional jurisdictional basis. |
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| | | The UCCJEA eliminates the term "best interests" in order to | | clearly distinguish between the jurisdictional standards and the | | substantive standards relating to custody and visitation of | | children. |
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| | | 6. Other Changes. This draft also makes a number of | | additional amendments to the UCCJA. Many of these changes were | | made to harmonize the provisions of this Act with those of the | | Uniform Interstate Family Support Act. One of the policy bases | | underlying this Act is to make uniform the law of interstate | | family proceedings to the extent possible, given the very | | different jurisdictional foundations. It simplifies the life of | | the family law practitioner when the same or similar provisions | | are found in both Acts. |
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| | | One of the major purposes of the revision of the UCCJA was to | | provide a remedy for interstate visitation and custody cases. As | | with child support, state borders have become one of the biggest | | obstacles to enforcement of custody and visitation orders. If | | either parent leaves the State where the custody determination | | was made, the other parent faces considerable difficulty in | | enforcing the visitation and custody provisions of the decree. | | Locating the child, making service of process, and |
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