Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 106 -- THE BINDING FORCE OF A CHILD CUSTODY DETERMINATION

Article by Richard Crouch, Attorney at Law, Crouch & Crouch, Arlington, Virginia; (703) 528-6700;
Copyright Richard Crouch 1999. Originally Published in Family Law News, a Virginia
State Bar Publication

Table of Contents of UCCJA Article | Introduction

Proposed §146.5 (UCCJEA SECTION 106) ON THE BINDING FORCE OF A CHILD CUSTODY DETERMINATION is mostly unchanged from current Virginia Code §20-135. However, the last sentence is somewhat puzzling and could be mischievous. It says that a determination made by a court with jurisdiction under this Act is conclusive and binding on persons who are properly served or notified, "as to all decided issues of law and fact except to the extent the determination is modified." All the qualifiers and conditions that this section imposes on the determination made by this state's courts are not imposed on the possible modification which the statute alludes to. This is a change from the current version which says not just "modified" but "modified pursuant to law, including the provisions of this chapter." Perhaps the word "properly," or something like it should go before the last word, which is "modified." The most sensible solution would be restoring the deleted last nine words of the existing provision, UCCJA §12, Virginia Code §20-135.

Text of this Section of Uniform Act:

SECTION 106. EFFECT OF CHILD-CUSTODY DETERMINATION. A child-custody
determination made by a court of this State that had jurisdiction under
this [Act] binds all persons who have been served in accordance with the
laws of this State or notified in accordance with Section 108 or who
have submitted to the jurisdiction of the court, and who have been given
an opportunity to be heard. As to those persons, the determination is
conclusive as to all decided issues of law and fact except to the extent
the determination is modified.



Virginia Version:

§20-146.5. Effect of child custody determination.

A child custody determination made by a court of this Commonwealth that had jurisdiction under this Act binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with §20-146.7 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

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