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Uniform Child Custody and Jurisdiction
Enforcement Act (UCCJEA)
by Arlene C. Richman, Esq.

The Uniform Child Custody and Jurisdiction Enforcement Act, otherwise known as the "UCCJEA" requires that each parent file an affidavit, the UCCJEA affidavit, when there are any children who are part of a custody proceeding. [1]

The purpose of requiring a UCCJEA affidavit is as follows:

(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.

(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child.

(3) Discourage the use of the interstate system for continuing controversies over child custody.

(4) Deter abductions.

(5) Avoid relitigating the custody decisions of other states in this state.

(6) Facilitate the enforcement of custody decrees of other states.

(7) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.

(8) Make uniform the law with respect to the subject of this part among the states enacting it. [2]

Macci and Kates Florida family Law Appeals -- all Florida courts

In accordance with the UCCJEA, the following information is required to be provided to the court:

1) Subject to Florida law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

(a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(3) If the declaration as to any of the items described in paragraphs (1)(a)-(c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(4) Each party has a continuing duty to inform the court of any proceeding in this or any other state which could affect the current proceeding. [3]

[1] §61.522, Fla. Stat. (2009) RETURN TO TEXT

[2] §61.502, Fla. Stat. (2009) RETURN TO TEXT

[3] §61.522, Fla. Stat. (2009)

Arlene Richman is an attorney practicing collaborative law and family law in South Florida.

Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization.


	© 2009 Arlene C. Richman, Esq. http://www.collaborativelawflorida.com/Articles/UCCJEA.html Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) by Arlene C. Richman, Esq. The Uniform Child Custody and Jurisdiction Enforcement Act, otherwise known as the "UCCJEA" requires that each parent file an affidavit, the UCCJEA affidavit, when there are any children who are part of a custody proceeding. [1] The purpose of requiring a UCCJEA affidavit is as follows: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being. (2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child. (3) Discourage the use of the interstate system for continuing controversies over child custody. (4) Deter abductions. (5) Avoid relitigating the custody decisions of other states in this state. (6) Facilitate the enforcement of custody decrees of other states. (7) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child. (8) Make uniform the law with respect to the subject of this part among the states enacting it. [2] In accordance with the UCCJEA, the following information is required to be provided to the court: 1) Subject to Florida law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any; (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (3) If the declaration as to any of the items described in paragraphs (1)(a)-(c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state which could affect the current proceeding. [3] [1] §61.522, Fla. Stat. (2009) RETURN TO TEXT [2] §61.502, Fla. Stat. (2009) RETURN TO TEXT [3] §61.522, Fla. Stat. (2009) Arlene Richman is an attorney practicing collaborative law and family law in South Florida. Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization.