Domestic Violence and the UCCJEA

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Domestic Violence Domestic Violence and the UCCJEAand the UCCJEA

August 8, 2013August 8, 2013

Deborah Goelman, Esq.Deborah Goelman, Esq.Darren Mitchell, Esq.Darren Mitchell, Esq. Legal Resource Center on Violence Against WomenLegal Resource Center on Violence Against Women

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Summers v. StoneSummers v. StoneDawn Summers has filed for sole custody of her two children, Amanda, age 4, and Jacob, age 2, in your court and asks you to suspend the father’s visitation. Her petition states: “I fled to New Orleans from Phoenix, Arizona two weeks ago with the children. My parents live in New Orleans, and I wanted to feel safe. The children’s father, Matt Stone, has abused me for years, and continues to abuse me during visitation exchanges even though we are separated. Last month, on July 20th, he pointed a gun at me in front of the children when I picked them up from a visit. He threatened that I would never see the children again if I did not come back to live with him.”

The prior custody order from the Maricopa County Court (Arizona) granted joint legal custody to both parents, physical custody to Ms. Summers, and reasonable visitation to Mr. Stone.

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Summers v. StoneSummers v. Stone

Do you have jurisdiction to grant the requested relief?

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The UCCJEAThe UCCJEA

Developed in 1997Developed in 1997 Designed to replace the UCCJADesigned to replace the UCCJA Intended to reconcile differences Intended to reconcile differences

between the UCCJA and PKPAbetween the UCCJA and PKPA So far 49 states, D.C., and the U.S. So far 49 states, D.C., and the U.S.

Virgin Islands have enacted itVirgin Islands have enacted it Several provisions address domestic Several provisions address domestic

violence explicitlyviolence explicitly

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UCCJEA AdoptionUCCJEA Adoption

Who’s missing?Who’s missing?

MassachusettsMassachusetts

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Decision-Making Framework Under Decision-Making Framework Under the UCCJEAthe UCCJEA1.1. Is there an emergency? (temporary emergency Is there an emergency? (temporary emergency

jurisdiction)jurisdiction)

2.2. Is there an existing custody order and/or custody Is there an existing custody order and/or custody proceeding in another state? If so, do I have proceeding in another state? If so, do I have jurisdiction to modify any orders or to issue a new jurisdiction to modify any orders or to issue a new order?order?

3.3. If there is no emergency or existing order/proceeding, If there is no emergency or existing order/proceeding, do I have initial child custody jurisdiction?do I have initial child custody jurisdiction?

4.4. If I have jurisdiction to enter an initial custody order or If I have jurisdiction to enter an initial custody order or to modify an existing order, should I decline to do so?to modify an existing order, should I decline to do so?

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Question 1Question 1

Is there an emergency? Is there an emergency? (temporary emergency (temporary emergency

jurisdiction)jurisdiction)

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Temporary Emergency Temporary Emergency JurisdictionJurisdiction

Under the UCCJEA, temporary emergency jurisdiction Under the UCCJEA, temporary emergency jurisdiction allows a court to enter an emergency order even if:allows a court to enter an emergency order even if:

It does not have otherwise have jurisdiction to enter an It does not have otherwise have jurisdiction to enter an initial long-term order (e.g., it is not the home state)initial long-term order (e.g., it is not the home state)

Another court already has issued a valid custody order Another court already has issued a valid custody order and that state has exclusive, continuing jurisdictionand that state has exclusive, continuing jurisdiction

By asking this question first (and including questions By asking this question first (and including questions about emergency jurisdiction in UCCJEA forms) judges about emergency jurisdiction in UCCJEA forms) judges can permit parties to obtain emergency relief where can permit parties to obtain emergency relief where necessary and permitted by the statutenecessary and permitted by the statute

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A simple option -- check box on New York UCCJEA Petition:

“This Court should modify the order on a temporary, emergency basis, pursuant to Domestic Relations Law §76-c, because the child(ren) (is) (are) presently in this State and [check one or both boxes]: the child(ren) (has)(have) been abandoned; it is necessary in an emergency to protect the child(ren), a sibling or siblings or parent of the child(ren).”

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Where “necessary in an emergency to Where “necessary in an emergency to protect the child because the child, protect the child because the child, or a or a sibling or parent of the childsibling or parent of the child, is subjected , is subjected to or threatened with mistreatment or to or threatened with mistreatment or abuse”abuse” Child must be present in the stateChild must be present in the state A court can exercise emergency jurisdiction in A court can exercise emergency jurisdiction in

domestic violence cases where the mother (but domestic violence cases where the mother (but not the child) has been abusednot the child) has been abused

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A court may take jurisdiction to protect a child even if it does A court may take jurisdiction to protect a child even if it does not have initial child custody jurisdiction (e.g., it is not the not have initial child custody jurisdiction (e.g., it is not the home state) and/or it does not have jurisdiction to modify an home state) and/or it does not have jurisdiction to modify an existing order (another state has exclusive, continuing existing order (another state has exclusive, continuing jurisdiction)jurisdiction)

Such orders are temporary; designed to give the parties an Such orders are temporary; designed to give the parties an opportunity to return to the state with preferred jurisdiction opportunity to return to the state with preferred jurisdiction

Judicial communication is requiredJudicial communication is required Once the court learns of an action in another state or that Once the court learns of an action in another state or that

an order has been issued in another statean order has been issued in another state Purpose: “to resolve the emergency, protect the safety of Purpose: “to resolve the emergency, protect the safety of

the parties and the child, and determine a period for the the parties and the child, and determine a period for the duration of the temporary order.”duration of the temporary order.”

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Judicial CommunicationJudicial Communication• The court may allow the parties to participate in The court may allow the parties to participate in

the communicationthe communication• If the parties are not able to participate, they If the parties are not able to participate, they

must have an opportunity to present facts and must have an opportunity to present facts and legal arguments before a decision on jurisdiction legal arguments before a decision on jurisdiction is madeis made

• A record of a communication must be made, and A record of a communication must be made, and the parties must be informed promptly of the the parties must be informed promptly of the communication and given access to the recordcommunication and given access to the record

• Communication between courts on schedules, Communication between courts on schedules, calendars, court records, and similar matters may calendars, court records, and similar matters may occur without informing the parties and no record occur without informing the parties and no record of the communication is necessaryof the communication is necessary

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Temporary emergency order can Temporary emergency order can become a permanent order if:become a permanent order if:

(1) the order so indicates;(1) the order so indicates;

(2) no other order has been (2) no other order has been entered or entered or proceeding commenced proceeding commenced in another in another court; andcourt; and

(3) the issuing state becomes the (3) the issuing state becomes the home statehome state

Temporary emergency order can Temporary emergency order can become a permanent order if:become a permanent order if:

(1) the order so indicates;(1) the order so indicates;

(2) no other order has been (2) no other order has been entered or entered or proceeding commenced proceeding commenced in another in another court; andcourt; and

(3) the issuing state becomes (3) the issuing state becomes the the home statehome state

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What if Dawn had applied for a protection What if Dawn had applied for a protection order, including a custody provision, rather order, including a custody provision, rather than an emergency custody order? than an emergency custody order?

Can you exercise jurisdiction under those Can you exercise jurisdiction under those circumstances? What laws apply and howcircumstances? What laws apply and how??

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Emergency Jurisdiction via Emergency Jurisdiction via Protection OrderProtection Order

The UCCJEA contemplates courts issuing temporary The UCCJEA contemplates courts issuing temporary emergency custody by means of domestic violence emergency custody by means of domestic violence protection ordersprotection orders State protection order codes may provide additional State protection order codes may provide additional authority for issuing custody provisions within authority for issuing custody provisions within protection orders (protection orders (seesee La. R.S. La. R.S. §§ 46:2136 (A)(3)). 46:2136 (A)(3)). Courts should note compliance with both of these Courts should note compliance with both of these sources of authority to help facilitate enforcement of sources of authority to help facilitate enforcement of the ordersthe orders Courts should comply with the UCCJEA requirement Courts should comply with the UCCJEA requirement to communicate with another court having jurisdiction to communicate with another court having jurisdiction under the UCCJEA under the UCCJEA

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How can courts remove barriers that prevent abused parents from petitioning for emergency relief?

Train clerks and court personnel on Train clerks and court personnel on the availability of temporary the availability of temporary emergency reliefemergency reliefRevise forms to facilitate requests Revise forms to facilitate requests for emergency relief and the for emergency relief and the presentation of probative evidence presentation of probative evidence re: the emergencyre: the emergency

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Is there an existing custody Is there an existing custody order and/or custody order and/or custody proceeding in another state? proceeding in another state? If so, do I have jurisdiction to If so, do I have jurisdiction to modify any orders or to modify any orders or to issue a new order?issue a new order?

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Modification JurisdictionModification Jurisdiction

Let’s assume that Dawn filed her petition in your court but did not allege an emergency. Would you have jurisdiction to modify the order?

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Modification of Custody Modification of Custody DeterminationsDeterminations

Concept of “exclusive, continuing Concept of “exclusive, continuing jurisdiction” limits the ability of a jurisdiction” limits the ability of a non-decree state to modify a valid non-decree state to modify a valid existing custody order or to enter a existing custody order or to enter a new one governing the same parties new one governing the same parties and child if there is an existing orderand child if there is an existing order

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Exclusive, Continuing Exclusive, Continuing JurisdictionJurisdiction

Statutory Language:Statutory Language:

(A)“Except as otherwise provided [in the UCCJEA’s (A)“Except as otherwise provided [in the UCCJEA’s section on emergency jurisdiction], a court of this state section on emergency jurisdiction], a court of this state which has made a custody order [consistent with the which has made a custody order [consistent with the UCCJEA] has exclusive, continuing jurisdiction over the UCCJEA] has exclusive, continuing jurisdiction over the order until:order until:

1) a court of this state determines that neither the 1) a court of this state determines that neither the child, nor the child and one parent, nor the child and a child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection person acting as a parent have a significant connection with this state and that substantial evidence is no with this state and that substantial evidence is no longer available in this state concerning the child’s longer available in this state concerning the child’s care, protection, training, and personal relationships, care, protection, training, and personal relationships, oror

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Statutory Language:Statutory Language:““ 2) a court of this state or a court of another 2) a court of this state or a court of another

state determines that the child, the child’s state determines that the child, the child’s parents, and any person acting as a parent do parents, and any person acting as a parent do not presently reside in this statenot presently reside in this state

B) B) A court of this state which has made a child-A court of this state which has made a child-custody determination and does not have custody determination and does not have continuing, exclusive jurisdiction may modify continuing, exclusive jurisdiction may modify the determination only if it has jurisdiction to the determination only if it has jurisdiction to make a initial determination”make a initial determination”

The UCCJEA also includes parallel “modification” The UCCJEA also includes parallel “modification” language with consistent standards for the language with consistent standards for the modification state court modification state court

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What does it mean?:What does it mean?:

The new state court may modify the existing order if:The new state court may modify the existing order if:

(1) The court in the original decree state found that no (1) The court in the original decree state found that no one has a significant connection with the state and one has a significant connection with the state and that there is no longer substantial evidence in the that there is no longer substantial evidence in the state; orstate; or

(2) The new court determines that the child, the (2) The new court determines that the child, the parents, and any person acting as a parent do not parents, and any person acting as a parent do not presently reside in the original decree state; orpresently reside in the original decree state; or

……

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What does it mean?:What does it mean?:

The new state court may modify the existing order if:The new state court may modify the existing order if:

(3) The original court declines to exercise modification (3) The original court declines to exercise modification jurisdiction on jurisdiction on inconvenient foruminconvenient forum grounds; or grounds; or

(4) The new court determines that it has temporary (4) The new court determines that it has temporary emergency jurisdiction (temporary modification only; emergency jurisdiction (temporary modification only; requires judicial communication with the issuing court requires judicial communication with the issuing court to determine next steps)to determine next steps)

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If there is no emergency or If there is no emergency or existing order/proceeding, existing order/proceeding, do I have initial child custody do I have initial child custody jurisdiction?jurisdiction?

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Let’s return to Dawn and Matt and Let’s return to Dawn and Matt and assume that the family lived together assume that the family lived together for fifteen years in Arizona and a for fifteen years in Arizona and a custody order never was entered. custody order never was entered. Eight months ago, Dawn relocated to Eight months ago, Dawn relocated to Louisiana with the two children, and Louisiana with the two children, and now she petitions your court for a now she petitions your court for a custody order. custody order.

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Can you hear the custody Can you hear the custody case? (and make an initial case? (and make an initial

child custody determination) child custody determination)

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UCCJEAUCCJEA

Jurisdictional bases:Jurisdictional bases: Home state trumps other bases Home state trumps other bases

((except emergencyexcept emergency)) Significant connectionSignificant connection ““More appropriate forum” jurisdictionMore appropriate forum” jurisdiction ““No other state” jurisdictionNo other state” jurisdiction

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Louisiana is the home state Louisiana is the home state because Dawn and the children because Dawn and the children

have lived there for eight have lived there for eight monthsmonths

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Home State JurisdictionHome State Jurisdiction

Extended Home State RuleExtended Home State Rule Temporary AbsenceTemporary Absence Child Less Than Six Months OldChild Less Than Six Months Old Home State due to Emergency Home State due to Emergency or or Disaster (Disaster (seesee La. Rev. Stat. La. Rev. Stat. §§

13:1802(7)(b))13:1802(7)(b))

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How is the home state How is the home state defined?defined?

““Home state” means the state in which the Home state” means the state in which the child lived with a parent or a person acting as child lived with a parent or a person acting as parent for at least 6 consecutive months parent for at least 6 consecutive months immediately before the commencement of a immediately before the commencement of a child custody proceeding. In the case of a child custody proceeding. In the case of a child less than 6 months of age, the term child less than 6 months of age, the term means the state in which the child lived from means the state in which the child lived from birth with any of the persons mentioned. A birth with any of the persons mentioned. A period of period of temporary absencetemporary absence of any of the of any of the mentioned persons is part of the period.mentioned persons is part of the period.

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Extended Home StateExtended Home State

Assume that Dawn left Arizona 5 months ago and at that Assume that Dawn left Arizona 5 months ago and at that point Matt filed for custody in AZ. Does the AZ court have point Matt filed for custody in AZ. Does the AZ court have jurisdiction despite the absence of the children?jurisdiction despite the absence of the children?

YES, as long as Matt remained in AZ:YES, as long as Matt remained in AZ: A home state retains jurisdiction for six months even if a A home state retains jurisdiction for six months even if a

party or the child have left the state (under the “Initial party or the child have left the state (under the “Initial Child Custody Jurisdiction” provision of the UCCJEA, a state Child Custody Jurisdiction” provision of the UCCJEA, a state has jurisdiction if it “was the home state of the child within has jurisdiction if it “was the home state of the child within 6 months before the commencement of the proceeding…”)6 months before the commencement of the proceeding…”)

This doctrine sometimes is known as the extended home This doctrine sometimes is known as the extended home state rulestate rule

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Temporary AbsenceTemporary Absence

A home state retains jurisdiction even if a party or A home state retains jurisdiction even if a party or child has left the state for a “temporary absence”child has left the state for a “temporary absence”

““Temporary absence” is not defined by statute, Temporary absence” is not defined by statute, but may be defined under a state’s case lawbut may be defined under a state’s case law Courts have differed in their analysis of what Courts have differed in their analysis of what

constitutes a “temporary absence”constitutes a “temporary absence” Some look only to the subject intent of the parties; Some look only to the subject intent of the parties;

others take a totality of the circumstances approachothers take a totality of the circumstances approach In some instances, absence of many months have been In some instances, absence of many months have been

deemed to be “temporary,” especially in the case of deemed to be “temporary,” especially in the case of military deployments/assignmentsmilitary deployments/assignments

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Emergency or disasterEmergency or disaster

When a parent or a person acting as a parent is When a parent or a person acting as a parent is required to evacuate this state with a minor child required to evacuate this state with a minor child because of an emergency or disaster declared because of an emergency or disaster declared under the provisions of R.S. 29:721 et seq., or under the provisions of R.S. 29:721 et seq., or declared by federal authority, and for an declared by federal authority, and for an unforeseen reason resulting from the effects of unforeseen reason resulting from the effects of such emergency or disaster is unable to return to such emergency or disaster is unable to return to this state for an extended period of time, this this state for an extended period of time, this state shall be determined to be the home state if state shall be determined to be the home state if the child lived with his parents, a parent, or a the child lived with his parents, a parent, or a person acting as his parent for a period of at least person acting as his parent for a period of at least twelve consecutive months immediately twelve consecutive months immediately preceding the time involved.preceding the time involved. La. Rev. Stat. La. Rev. Stat. § § 13:1802(7)(b).13:1802(7)(b).

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Additional Jurisdictional Additional Jurisdictional BasesBases

Significant Connection Jurisdiction More Appropriate Forum Jurisdiction No Other State (Vacuum) Jurisdiction

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Additional Jurisdictional Additional Jurisdictional BasesBases

Assume now that Dawn does not raise the issue of domestic violence and that she and the children relocated to New Orleans just three months ago. Dawn chose to relocate to New Orleans because her parents and two siblings live there, and she and the children have visited frequently in the past. The children have spent part of the last three summers with Dawn’s family in New Orleans.

Dawn has filed for dissolution and for custody of the children in your court in New Orleans.

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Is there any other basis to take jurisdiction over this case?

(assume Dawn does not mention domestic violence nor allege any emergency circumstances)

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Does the analysis change if Does the analysis change if Matt decides to move to Matt decides to move to Alabama one month after Alabama one month after Dawn leaves?Dawn leaves?

YESYES

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These situations raise the These situations raise the issue of issue of significant significant

connection jurisdictionconnection jurisdiction

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Significant Connection Significant Connection JurisdictionJurisdiction

Available as a jurisdictional base Available as a jurisdictional base onlyonly if there is if there is no home state or if the home state has declined no home state or if the home state has declined to exercise jurisdiction andto exercise jurisdiction and

(i) “the child and the child’s parents, or the child (i) “the child and the child’s parents, or the child and at least one parent or a person acting as a and at least one parent or a person acting as a parent, have a significant connection with this parent, have a significant connection with this state other than mere physical presence; andstate other than mere physical presence; and

(ii) substantial evidence is available in this state (ii) substantial evidence is available in this state concerning the child’s care, protection, training, concerning the child’s care, protection, training, and personal relationships”and personal relationships”

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Significant Connection Significant Connection JurisdictionJurisdiction

There is no need for a court to engage in a There is no need for a court to engage in a significant connection analysis where a significant connection analysis where a home state existshome state exists

The home state trumps other jurisdictional The home state trumps other jurisdictional bases under federal law and under the bases under federal law and under the UCCJEAUCCJEA

Note, however, that a state with emergency Note, however, that a state with emergency jurisdiction can issue a short-term order jurisdiction can issue a short-term order that trumps an order from the home statethat trumps an order from the home state

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If I have jurisdiction to enter an If I have jurisdiction to enter an initial custody order or to initial custody order or to modify an existing order, modify an existing order, should I decline to do so?should I decline to do so?

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Inconvenient ForumInconvenient Forum Court with preferred jurisdiction may decline Court with preferred jurisdiction may decline

to exercise jurisdiction at any time if it to exercise jurisdiction at any time if it determines that it is an inconvenient forum determines that it is an inconvenient forum and that a court of another state is a more and that a court of another state is a more appropriate forumappropriate forum

May be raised by motion of a party, the May be raised by motion of a party, the court’s own motion, or request of another court’s own motion, or request of another courtcourt

Court must consider all relevant factors, Court must consider all relevant factors, including a specified list of 8 factorsincluding a specified list of 8 factors

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Inconvenient ForumInconvenient ForumInconvenient forum factors explicitly Inconvenient forum factors explicitly

include:include: Whether domestic violence has occurred Whether domestic violence has occurred

and is likely to continue and which state and is likely to continue and which state could best protect the parties and the childcould best protect the parties and the child

The length of time the child has resided The length of time the child has resided outside of the stateoutside of the state

The distance between the two courtsThe distance between the two courts The relative finances of the partiesThe relative finances of the parties

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Inconvenient ForumInconvenient ForumInconvenient forum factors explicitly Inconvenient forum factors explicitly

include (continued):include (continued): The agreement of the partiesThe agreement of the parties The nature and location of the evidence The nature and location of the evidence

including the child’s testimonyincluding the child’s testimony The ability of each court to decide the The ability of each court to decide the

issue expeditiously and the procedures issue expeditiously and the procedures necessary to present the evidencenecessary to present the evidence

The familiarity of each court with the facts The familiarity of each court with the facts and issues in the pending litigationand issues in the pending litigation

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Inconvenient ForumInconvenient Forum

Practice Exercise: Tina Blue v. Mark Practice Exercise: Tina Blue v. Mark BlueBlue

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Inconvenient ForumInconvenient Forum• The presence and effect of domestic The presence and effect of domestic

violence is the first factor a court must violence is the first factor a court must consider when considering an consider when considering an inconvenient forum requestinconvenient forum request

• Courts have concluded that this factor Courts have concluded that this factor can outweigh the other factorscan outweigh the other factors

• The relative finances of the parties also The relative finances of the parties also can be relevant in many domestic can be relevant in many domestic violence cases, since batterers often violence cases, since batterers often exert financial control over survivorsexert financial control over survivors

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Inconvenient ForumInconvenient ForumIn Re Stoneman v. DrollingerIn Re Stoneman v. Drollinger (64 P.3d 997, Mont. (64 P.3d 997, Mont. 2003)2003)

Mother relocated from Montana to Washington with Mother relocated from Montana to Washington with four children, and Washington trial court issued a four children, and Washington trial court issued a permanent protection order. Mother then filed a permanent protection order. Mother then filed a motion requesting that the Montana court decline motion requesting that the Montana court decline jurisdiction under the UCCJEA, which the trial court jurisdiction under the UCCJEA, which the trial court denied. The Supreme Court of Montana reversed, denied. The Supreme Court of Montana reversed, holding that the lower court erred by denying holding that the lower court erred by denying mother’s motion. The trial court failed to consider mother’s motion. The trial court failed to consider which forum could best protect mother and children which forum could best protect mother and children from further abuse when evaluating whether transfer from further abuse when evaluating whether transfer of proceedings to Washington was appropriate.of proceedings to Washington was appropriate.

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Inconvenient ForumInconvenient ForumIn Re Stoneman v. DrollingerIn Re Stoneman v. Drollinger (cont.)(cont.)

The Supreme Court of Montana held that “the UCCJEA The Supreme Court of Montana held that “the UCCJEA places domestic violence at the top of the list of places domestic violence at the top of the list of factors that courts are required to evaluate when factors that courts are required to evaluate when determining whether to decline jurisdiction as an determining whether to decline jurisdiction as an inconvenient forum for child custody proceedings.” It inconvenient forum for child custody proceedings.” It ordered the trial court to communicate with the ordered the trial court to communicate with the Washington court, and, if transfer could be arranged, Washington court, and, if transfer could be arranged, to decline jurisdiction based on inconvenient forum. to decline jurisdiction based on inconvenient forum. The Supreme Court of Montana urged trial courts “to The Supreme Court of Montana urged trial courts “to give priority to the safety of victims of domestic give priority to the safety of victims of domestic violence when considering jurisdictional issues under violence when considering jurisdictional issues under the UCCJEA.”the UCCJEA.”

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Why is declining jurisdiction Why is declining jurisdiction often appropriate in cases often appropriate in cases

involving domestic violence?involving domestic violence? If the parties are in different states If the parties are in different states

because of the violence, it could be because of the violence, it could be unsafe for the survivor to return to the unsafe for the survivor to return to the home state to litigate a custody case home state to litigate a custody case ((see e.g., see e.g., commentary to UCCJEA Section commentary to UCCJEA Section 207)207)

A survivor may not have the financial A survivor may not have the financial means to return to the home state due means to return to the home state due to the perpetrator's financial abuseto the perpetrator's financial abuse

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Why is declining jurisdiction Why is declining jurisdiction often appropriate in cases often appropriate in cases

involving domestic violence?involving domestic violence? A survivor may have fled to a safe haven

where family members can offer secure shelter, shared housing, childcare, or employment opportunities, increasing the survivor’s ability to leave the abuser

Due to separation violence, a survivor may be at increased risk for physical violence or homicide when she takes steps to leave; forcing a return to a state where the batterer resides could be deadly

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Why is declining jurisdiction often appropriate in cases

involving domestic violence? A perpetrator may litigate a jurisdictional or A perpetrator may litigate a jurisdictional or

custody issue as a means to punish a survivor custody issue as a means to punish a survivor for leaving (for leaving (see, e.g.see, e.g., Bancroft & Silverman, The , Bancroft & Silverman, The Batterer As Parent, 2002)Batterer As Parent, 2002)

Denying a survivor’s relocation or inconvenient Denying a survivor’s relocation or inconvenient forum request permits a batterer to continue to forum request permits a batterer to continue to control a survivor’s lifecontrol a survivor’s life

Domestic violence was a major consideration in Domestic violence was a major consideration in the drafting of the UCCJEA, and the the drafting of the UCCJEA, and the inconvenient forum provision contains an explicit inconvenient forum provision contains an explicit tool for judges to use in domestic violence cases tool for judges to use in domestic violence cases

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National OrganizationsNational Organizations Legal Resource Center on Violence Against Legal Resource Center on Violence Against

WomenWomen

(301) 270-1550, [email protected](301) 270-1550, [email protected] National Center on Protection Orders and Full National Center on Protection Orders and Full

Faith and CreditFaith and Credit

(800) 903-0111, ext. 2(800) 903-0111, ext. 2 National Council of Juvenile and Family Court National Council of Juvenile and Family Court

Judges, Child Protection and CustodyJudges, Child Protection and Custody

(800) 527-3223(800) 527-3223

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This presentation was supported by Grant No. 2009-TA-AX-K021 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Documents

Domestic Violence and the UCCJEA