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2000 SESSION

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SB 462 Uniform Child Custody Jurisdiction and Enforcement Act; created.

Introduced by: William C. Mims (by request) | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Uniform Child Custody Jurisdiction and Enforcement Act. Replaces the former UCCJA (1979) with an updated version addressing jurisdictional issues and expands the act to cover issues involving enforcement of custody and visitation orders issued out of state. Jurisdiction is authorized if there is a significant connection between the parties and the Commonwealth, there is no other state that fits the definition of the child’s home state and the parties are all within the Commonwealth. Additionally, a court may exercise temporary emergency jurisdiction if there is a danger of abuse to the child, a sibling or a parent. Once a court exercises jurisdiction, that jurisdiction continues and is exclusive until all parties have left the state, and any orders issued may be modified only by the state having continuing, exclusive jurisdiction. The bill therefore eliminates the current problems created when competing orders are issued in more than one state.

Orders issued in other states may be registered in the juvenile courts here and enforced as Virginia orders. Attorneys for the Commonwealth are given authority to enforce orders and to use law enforcement to investigate and secure the presence of children.

This bill is recommended by the Virginia Commissioners to the National Conference of Commissioners on Uniform State Laws. This bill contains some modifications from the version introduced during the 1999 Session.


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