On April 28, 2002, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was adopted in New York in 1977, as Article 5-A of the Domestic Relations Law.[1]� Title 2 of the UCCJEA is a jurisdictional statute that revises the law on child custody jurisdiction in light of the mandates of the Parental Kidnapping Prevention Act (PKPA).[2]�
Attorneys must be aware of the fact that practice under the UCCJEA differs from practice under the UCCJA, in many ways. The term “best interest” does not appear in the UCCJEA. This is to make it clear that the standards for asserting subject matter jurisdiction under the UCCJEA are different from the substantive state custody law. The purpose of the UCCJEA is to avoid conflicting custody orders and simultaneous custody proceedings in different states and to comply with the PKPA.
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