Intended to reconcile differences between the UCCJA and PKPA. So far 49 states, D.C., and the U.S. Virgin Islands have enacted it. Several provisions address domestic violence explicitly. Anytime a child custody action is filed in California, a UCCJEA (Form FL-105) document must accompany the initial filing. This document ensures the court that the court has jurisdiction over the child/children in question and can make orders concerning the child/children. The home state of a child is where the child has resided for 6 months prior. If there is a jurisdictional issue and the other parent files a custody/visitation request in the child’s home state, that state would have jurisdiction over custody and visitation, thereby removing California’s jurisdiction. However, a party can file a request for a domestic violence restraining order if violence does occur in the relationship. In that case, the court would have jurisdiction over the child to make temporary emergency orders. If at all possible, wait the necessary six months to file an action in California to avoid any potential problems.
Do you want to know the latest information about UCCJEA filing or any area of family law? If so, please contact our office to schedule a consultation. The Law Office of Family Law Attorneys Richard E. Bawden & Robert A. Kochis handle legal issues regarding separation, child custody, visitation, adoption, annulment, mediation, domestic violence, child and spousal support as well as pre and post-marital agreements. Telephone (909)792-0222, or email us at [email protected]