Wednesday, August 16, 2006

Case Law Development: PKPA Requires Recognizing Originating States Custody Order Even if Another State Would be able to Exercise Jurisdiction under its own Version of the UCCJEA

The Connecticut Court of Appeals provides a brief and readable explanation of the interaction of the PKPA and the UCCJEA in a case in which Florida had originally entered a custody order and Father then obtained a modification of that custody order in Connecticut.  The court found that since the Florida court properly exercised jurisdiction under the PKPA in the first instance and Mother still resided there, that state's courts continued to have sole and exclusive jurisdiction.  Since Florida's version of the UCCJEA provided a basis for that jurisdiction, the Connecticut court could not modify custody without an order from Florida stating that it no longer has jurisdiction. This was so even though under Connecticut's version of the UCCJEA, there would be a basis for Connecticut to exercise jurisdiction over the custody action.

Scott v. Somers, 2006 Conn. App. LEXIS 369 (August 15, 2006)
Opinion on the web

http://lawprofessors.typepad.com/family_law/2006/08/case_law_develo_18.html

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