Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 209 -- INFORMATION TO BE SUBMITTED

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 §146.20 (UCCJEA SECTION 209). INFORMATION TO BE SUBMITTED. As of now you have to submit an affidavit about all other litigation and where the child has been, with your first pleading (or as a part of it) in any UCCJA case (or any custody case if the statute is read literally). The wording of this section has been improved to make it fairly obvious that its requirement is not jurisdictional. The remedy set forth in subsection (b) is a good idea.

You will notice that subsection (e) is in brackets, meaning that the NCCUSL does not necessarily recommend it. This subsection, on keeping the Section 9 child-and-parent-location information secret, will be an option in states where the political clamor for its adoption is loud. This provision is much improved from what the earlier drafts had.

Comment: It is worth noting that Subsection (e), which the Commissioners themselves put in brackets, indicating that they do no necessarily recommend it, is proposed for adoption in our state. This could be a grave mistake. It will be instantly recognizable by determined adversary advocates for child snatchers as open to all kinds of tactical misuse. This provision operates to allow child-snatching parents to keep their location and the location of the children secret whenever they simply make the allegation that it would be bad for the child if the child's location were revealed. They don't even have to cry "domestic violence," for God's sake. Obviously every parent who abducts a child thinks that it is bad for the child to have contact with the other parent. Once again, these allegations are very easy to make, cost nothing to make, and put the opposing party at an immense and immediate disadvantage simply by the making of the allegation. The UCCJEA should not be adopted in a form that encourages this.

Women's advocates apparently think that men won't exploit this, because if they tried it they would be lying. However, since all anyone would have to do is allege, not prove, violence, that belief is very naive.

Text of this Section of Uniform Act:
SECTION 209. INFORMATION TO BE SUBMITTED TO COURT.

(a) [Subject to [local law providing for the confidentiality of
procedures, addresses, and other identifying information], in] [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 five 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:

(1) 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;

(2) 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
[The rest of the Uniform Act text of this Section is missing. See the similar Virginia text from this point on.]

Virginia Version:

§20-146.20. Information to be submitted to court.

A. Subject to any other 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 five 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:

1. 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;

2. 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

3. 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.

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

C. If the declaration as to any of the items described in subdivisions A1, 2 and 3 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.

D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

E. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

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