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FAIR PLAY, SUBSTANTIAL JUSTICE, AND NO FORUM SHOPPING:
Jurisdictional Considerations In Child Custody Cases
By Victoria Bender and Hope Murphy
In today's increasingly mobile society, the proper forum in which to hear a custody matter is not always obvious. Upon the breakup of a marriage, the idea that one party may choose to flee with the children is no longer a remote possibility. The ease with which a disgruntled parent can leave the state or even the country is a source of concern to many parents. In order to prevent child abduction and forum shopping, state, federal, and international laws have been adopted regarding jurisdiction to hear child custody disputes. The interplay between these various laws can cause even the most experienced practitioner to step back in perplexity.
I. STATE LAW - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT (UCCJEA)
II FEDERAL LAW - PARENTAL KIDNAPING AND PREVENT ACT (PKPA)
III INTERNATIONAL LAW - THE HAGUE CONVENTION ON THE
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
IV CONCLUSION
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Copyright © 2005 Bender Law Offices P.C., All Rights
Reserved.
Divorce Lawyers, Separation Attorneys, Family Law,
International Divorce, Mediation, Agreements, Child
Custody, Court Services, Alimony, Domestic Violence,
Child Support, Property Distribution, Spousal
Support
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