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The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months before the commencement of the proceeding (or since birth for children younger than six months).
The place where the order was originally entered holds continuing exclusive jurisdiction (CEJ), and only the law of that state can be applied to requests to modify the order of child support, unless the courts of that state no longer have original tribunal jurisdiction (CEJ) under the Act. [5]
2 jurisdiction case pending. 4 comments. 3 Clarification NEEDED. 1 comment. 4 This article needs a link to the actual text of the UCCjEA. Toggle the table of contents.
The Hague Convention seeks to avoid this, [20] also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state. [21]
The Parental Kidnapping Prevention Act (PKPA; (Pub. L. 96–611, 94 Stat. 3573, enacted December 28, 1980; 28 U.S.C. § 1738A) is a United States law that establishes national standards for the assertion of child custody jurisdiction. The Act gives preference to the home state in which the child resided within the past six months for the ...
Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them.
When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases. In one of its earliest cases, Chisholm v. Georgia, [2] the court found this jurisdiction to be self-executing, so that no further congressional action was required to permit the court to exercise ...