Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 205 -- Notice; opportunity to be heard; joinder

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 §146.16 (UCCJEA SECTION 205). NOTICE, ETC. The idea that a custody determination made without notice and opportunity to be heard is void would seem to be a useful one. Instead, this Act says that it does not govern the enforceability of such a determination.

Comment: That may not be as wise. The Commentary's explanation does not help much. It does reveal that the drafters were trying to help persons who obtain domestic violence or VAWA orders without notice. People may not understand how saying that this Act "does not govern the enforceability of" a determination made without notice is any kind of a remedial measure. Saying that an action of a foreign court that was undertaken without the notice that due process and the UCCJEA requires is void would make a lot more sense. If this is a roundabout way of saying that you cannot enforce through the UCCJEA a notice-deficient foreign custody decree, perhaps that circumlocution is inadvisable.

Text of this Section of Uniform Act:

SECTION 205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER.

(a) Before a child-custody determination is made under this [Act],
notice and an opportunity to be heard in accordance with the standards
of Section 108 must be given to all persons entitled to notice under the
law of this State as in child-custody proceedings between residents of
this State, any parent whose parental rights have not been previously
terminated, and any person having physical custody of the child.

(b) This [Act] does not govern the enforceability of a child-custody
determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party
in a child-custody proceeding under this [Act] are governed by the law
of this State as in child-custody proceedings between residents of this
State.

Virginia Version:

§20-146.16. Notice; opportunity to be heard; joinder.

A. Before a child's custody determination is made under this Act, notice and an opportunity to be heard in accordance with the standards of §20-146.7 must be given to all persons entitled to notice under the laws of this Commonwealth as in child custody proceedings between residents of this Commonwealth, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

B. This Act does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this Act are governed by the law of this Commonwealth as in child custody proceedings between residents of this Commonwealth.

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