ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2970

STATE OF NEW JERSEY

DATED: JUNE 14, 2004

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 2970.

      This bill enacts the "Uniform Child Custody Jurisdiction and Enforcement Act" (UCCJEA), which was promulgated in 1997 by the National Conference of Commissioners on Uniform State Laws. The bill also contains certain modifications suggested by the New Jersey Law Revision Commission in 1999.

      The UCCJEA would replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was enacted in New Jersey in 1979 and adopted in every state. As of this date, 36 states have replaced the UCCJA with the new UCCJEA. The UCCJEA limits child custody jurisdiction to one state, provides limits on modification jurisdiction, and provides enforcement provisions for child custody orders. The UCCJEA also brings New Jersey law into compliance with the federal Parental Kidnaping Prevention Act.

      The bill provides certain rules for custody determinations as follows:

      Updated Home State Provisions: The bill gives priority to the home state as a ground for taking jurisdiction.

      Continuing Exclusive Jurisdiction: This bill provides that a state which makes the initial custody determination has continuing exclusive jurisdiction if a party to the original custody determination remains in that state. A state with continuing exclusive jurisdiction is the only state which can modify a custody order. If it determines that another state has a more significant connection to the child, it may relinquish its authority.

      Emergency Jurisdiction: This bill clarifies the provisions regarding emergency jurisdiction, allowing a court to take jurisdiction even though it is not the home state, if the child is present in the state and has been abandoned, or is subjected to or threatened with mistreatment or abuse. An order issued by a court with emergency jurisdiction is temporary.

      The bill also provides the following enforcement provisions, which were not addressed in the original UCCJA:

      Expedited Enforcement Hearings: At an enforcement hearing, a petitioner only needs to show a certified copy of the custody determination to be enforced, evidence of a violation by the respondent, and the remedy sought. The court will then decide whether the remedy sought should be granted.

      Enhanced Court Remedies: If the enforcing court is concerned that the parent, who has physical custody of the child, will flee or harm the child, a warrant to take physical possession of the child is available.

      Duty to Enforce: The bill provides that a court has the duty to enforce a custody determination of another state; however, a child custody order of another state is not subject to modification.

      Civil Enforcement of Custody Orders: A prosecutor is authorized to locate a child and enforce the custody determination. The prosecutor is authorized to utilize any civil proceeding to secure the enforcement of the custody determination. Law enforcement officials may assist in locating a child and enforcing a custody determination.

      This bill is intended to provide uniformity of law in a time when the mobility of the American public makes it important to have laws regarding child custody determinations uniform from state to state. Lack of uniformity increases the costs of the enforcement action, decreases the lack of certainty of outcome, and may turn enforcement of a child custody or visitation order into a long and drawn out process.

      As recommended by the New Jersey Law Revision Commission, the bill contains two additional sections that were added to the UCCJA after its 1979 enactment in New Jersey. The language of N.J.S.A.2A:34-31.1 is retained as subsection g. of section 33, and N.J.S.A.2A:34-31.2 is retained as section 43. The bill repeals the 1979 "Uniform Child Custody Jurisdiction Act," N.J.S.A.2A:34-28 et seq.. The bill also repeals N.J.S.A.2A:34-31.1 and 2A:34-31.2 since their provisions are incorporated in sections 33 and 43, respectively.

      The bill also contains two differences from the uniform text of UCCJEA that were recommended by the New Jersey Law Revision Commission. Section 5 (International Application of Act) is reworded in subsections a. and c., to give New Jersey courts greater authority to exercise discretion regarding custody judgments made in foreign countries. The wording of subsection a. of section 21 (Information to be Submitted to Court) is also changed to clarify that certain residence data need not be disclosed if the court finds that the data must be protected in the interest of personal safety.

      In addition, the bill contains provisions concerning the protection of domestic violence victims. Section 20 (Jurisdiction Declined by Reason of Conduct) sets out new language providing that no fees, costs or expenses shall be assessed against a party who is fleeing domestic violence or mistreatment or abuse of a child or sibling, unless the court is convinced by a preponderance of the evidence that such assessment would be clearly appropriate. (See subsection c. of section 20.) The added language also provides that in making a determination, the court shall not consider as a factor weighing against the petitioner any taking of the child or retention of the child from the person who has rights of legal custody, physical custody or visitation, if there is evidence that the taking or retention of the child was to protect the petitioner from domestic violence or to protect the child or sibling from mistreatment or abuse. (See subsection d. of section 20.)