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MA S746

MA S746
Relative to the Uniform Child Custody Jurisdiction and Enforcement Act


summary

Introduced
04/15/2015
In Committee
06/30/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to the uniform child custody jurisdiction and enforcement ac. The Judiciary.

AI Summary

This bill, titled the Uniform Child-Custody Jurisdiction and Enforcement Act, establishes a new chapter in the General Laws to govern child custody matters across different states. It defines key terms such as "child" (an individual under 18), "child-custody determination" (a court order about legal custody, physical custody, or visitation, excluding financial support), and "Home State" (the state where a child has lived for at least six months with a parent or guardian). The Act outlines when a court has jurisdiction to make an initial child custody determination, emphasizing the "Home State" rule and other factors like substantial evidence availability. It also details rules for exclusive and continuing jurisdiction, allowing a state that made a custody determination to retain jurisdiction unless specific conditions are met, such as the child and parents no longer having a significant connection to the state. The bill provides procedures for modifying existing child custody orders, temporary emergency jurisdiction in cases of abuse or neglect, and rules for notice and hearings to ensure all parties have an opportunity to be heard. Furthermore, it establishes a framework for enforcing child custody orders from other states, including a registration process for out-of-state orders and expedited procedures for urgent situations. The Act also addresses cooperation between courts in different states, taking testimony from witnesses in other states, and the preservation of records. Importantly, it repeals the existing Uniform Child Custody Jurisdiction Act and amends another section of the General Laws to align with the new provisions, with the entire Act taking effect on July 1, 2016.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

New draft substituted, see S2392 (on 07/07/2016)

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