Family & Divorce Law Services

 IV CONCLUSION

When deciding which is the proper forum for hearing a child custody matter, it is important to review the applicable law.  The UCCJEA is jurisdictional. If the requirements of the act are not met, the court is without subject matter jurisdiction and thus, without power to hear a matter.  Simply relying on the fact that the parties and/or child are in North Carolina and that it is “convenient” for the court to hear and decide a case which does not meet the jurisdictional requirements is done at a client's peril.  A court without jurisdiction is a court whose action is void.  Subject matter jurisdiction can be raised at any time. If state law is in conflict with federal law, federal law prevails.  If your case involves international custody issues, see if other country is a signatory to the Hague Convention and craft your order accordingly. _________________________

FAIR PLAY, SUBSTANTIAL JUSTICE, AND NO FORUM SHOPPING:
   Jurisdictional Considerations In Child Custody Cases
   By Victoria Bender and Hope Murphy

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

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

6608-204 Six Forks Road . Raleigh, NC 27615 . USA

Phone: 919-870-9600 . Fax: 919-847-2473