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International Custody Disputes
The Uniform Child Custody Jurisdiction and Enforcement Act ('UCCJEA') was drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The act is the exclusive method of determining subject matter jurisdiction in custody disputes involving competing jurisdictions. It applies to international custody disputes as well as interstate disputes. (Currently, the only two jurisdictions in the United States that have not adopted the UCCJEA are Massachusetts and Missouri.)
Under Section 105(c) of the UCCJEA, foreign countries are to be treated as states for the purpose of determining jurisdiction, unless the child custody law of the country violates fundamental principals of human rights. According to the Comment, this concept is similar to the one found in Section 20 of the Hague Convention on the Civil Aspects of International Child Abduction (where return of a child may be refused if this would not be permitted by the fundamental principles of the requested state relating to the protection of human rights and international freedoms).
In applying Section 105(c) of the UCCJEA, a trial court's attention should be on the child custody law of the foreign country, and not on other aspects of the legal system. While the UCCJEA takes no position on what laws relating to child custody would violate fundamental freedoms, the Comment to Section 105(c) states that this should be 'invoked only in the most egregious cases.'
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