ERIC ED472729: Speak Out for Children, 2000-2001.

190 Pages·2001·7.5 MB·English

by  ERIC

DOCUMENT RESUME
ED 472 729
PS 030 991
Levy, David L., Ed.
AUTHOR
Speak Out for Children, 2000-2001.
TITLE
Children's Rights Council, Inc., Washington, DC.
INSTITUTION
ISSN-1042-3559
ISSN
2001-00-00
PUB DATE
187p.; For 1999-2000 newsletters, see ED 444 708.
NOTE
Children's Rights Council, Inc., 6200 Editors Park Drive,
AVAILABLE FROM
Suite 103, Hyattsville, MD 20782 (newsletter included with
$15 membership contribution). Tel: [phone]; Fax: 301-
559 -3124; Web site: http://www/gocrc.com.
Collected Works
Serials (022)
PUB TYPE
Speak Out for Children; v15-16 n1-3/4 2000-2001
JOURNAL CIT
EDRS Price MF01/PC08 Plus Postage.
EDRS PRICE
*Child Custody; Childhood Interests; *Children; *Childrens
DESCRIPTORS
Rights; *Court Litigation; Divorce; Fathers; *Federal
Legislation; Newsletters; Parent Child Relationship; Parent
Education; *Parent Rights; Parents; Public Policy
Coparenting; Marital Separation; Noncustodial Parents
IDENTIFIERS
ABSTRACT
This document compiles the six issues of Volumes 15 and 16 of
the "Speak Out for Children" newsletter, published to strengthen families
through education and to assist children of unwed parents, separation, and
divorce. The Spring 2000 issue contains articles on Wisconsin's shared
parenting law, the U.S. Senate's consideration of a fatherhood bill, and
child custody jurisdiction. The Summer 2000 issue includes articles on
required parent education seminars in Virginia, the Elian Gonzalez custody
case, parent-child communication about difficult issues, and Equal Parents'
Week. The Fall 2000-Winter 2001 issue includes articles on child abductions,
connections between child support and joint custody, and relinquishing
custody to get health care. The Spring 2001 issue includes articles on a
compact disc produced to support the Children's Rights Council (CRC),
extended overnight visits by infants with the noncustodial parent, and a
graduate program on mediation. The Summer 2001 issue includes articles on the
myth of the fading two-parent family, and terminology for stepfamilies. The
third 2001 issue includes articles on the CRC's establishment of safe havens
for children in six states, and parallel parenting strategies in high
conflict divorces. Regular features of the newsletter include book reviews,
notice of funding opportunities and conferences, news from individual
chapters of the organization, descriptions of relevant court cases, and
descriptions of pending federal legislation.
(KB)
Reproductions supplied by EDRS are the best that can be made
from the original document.
Speak Out for Children, 2000-2001.
Vol. 15, No. 1-3611, 2000.
Vol 16, No. 1-3, 2001.
David L. Levy, Editor
Children's Rights Council
2000-2001
(Y)
04
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1
BEST COPY AVAILABLY,
Spring 2000
ISSN 1042-3559
Vol. 15-No. 1
Assisting Children of
Strengthening Families
Never-Married,
Through Education
Separated and Divorced
And Advocacy
Parents
Waa
a_
Alt
A".
The Quarterly Newsletter of the Children's Rights Council, Inc.
300 "I" Street N.E., Suite 401, Washington, D.C. 20002-4389 Phone [phone]
Wisconsin Adopts Strong Shared Parenting Law
IN THIS ISSUE:
Now 26 States with Joint Custody
The CRC View
4
Senate Considers
Children have won avic-
Fatherhood Bill
5
New Law Presumes Joint Legal Custody
tory in Wisconsin. Starting
and Regular, Meaningful Contact
May 1, 2000, all courts in
Child Custody
Jurisdiction
Wisconsin will be required
between Child and Parents.
6
to presume joint legal cus-
National Child's Day.. 9
tody is in the best interest of
requiring parents to submit parenting plans;
the child and to set as a goal
The Elian Gonzalez
"a placement schedule that
reducing to 1% per month the interest on child
Case
10
allows the child to have
support arrears;
Thompson
Around the Country 11
regularly occurring, mean-
limiting the liability for past child support to the
ingful periods of physical placement with each
time of filing of a legal action instead of the date
Equal Parents' Week 12
parent and that maximizes the amount of time
of birth of the child;
New National
penalties for interfering with court ordered
the child may spend with each parent."
,
Organization
12
Additional changes included in a bill passed
placement; and
by the legislature and signed by Gov. Tommy
a provision for establishing a study committee to
Please Help!
13
Thompson (R) are:
review the role of guardians ad litem.
Inside CRC
14
similar treatment of children in paternity
and divorce cases (except for temporary
Meet CRC Staff
15
ramtders);
Continued on page 3
Books Videos,
16-20
Buttons
Please Plan on Attending
Some Major CRC
CRC's 13th National Conference
Accomplishments
21
Chapter News
22
Washington, D.C.
Upcoming Events
23
May 4-6,2001
Court Cases
24
Congressional Update26
Reception at the British Embassy
President Clinton
28
National Affiliate
to Benefit CRC
Organizations and
Chapters
30
BEST COPYAVAI LABLE
P.)
5
CRC is a member of
"Speak Out for Children" is published by the Children's Rights Council, Inc. Editor: David L.
Levy. Contributors to this issue: Kathleen Ballard, Don Bieniewicz, Al Ellis, Julie Maggiacomo, Ed
Mudrak, John Prior, Paul Robinson, ohn Prior, Ken Skilling, Lenora Williams, and college student
interns Tiffany Adkins, Ohio State University; Caroline Cohen, Florida State University; Chi-Chi Nwoko,
Montgomery College, Maryland. Layout by Sheila Holzberger.
Children's
The CRC
Charities
of America
conciliation and mediation for the
by CRC may be reprinted without per-
The Children's Rights Council (CRC)
is a nation-wide, non-profit IRS
adversarial process, and providing for
mission, provided the source ("Reprinted
emotional and financial child support.
501(c) (3) children's rights organization
from the Children's Rights Council news-
We work to strengthen fragile families
based in Washington, D.C.
letter 'Speak Out for Children,' Spring
CRC works to strengthen families
of children whose parents are unwed.
2000") is given. For non-CRC material,
through education and advocacy. We
We also favor school-based programs
obtain permission from the copyright
owner. For further information about
favor family formation and family pres-
for children at risk.
CRC membership, publications, cas-
Formed in 1985 by concerned par-
ervation, but if families break up, or are
ents who have more than 40 years col-
never formed, we work to assure a child
settes, catalog, and services, write: CRC,
the frequent and continuing contact with
lective experience in custody reform and
300 "I" Street N.E., Suite 401, Washing-
two parents and extended family the
early childhood education, CRC has
ton, D.C. 20002; phone [phone];
chapters in 32 states and two national
child would normally have during a mar-
fax [phone]CRC (4272).
With a browser, the CRC home
riage. Our motto is "The Best Parent is
affiliate organizations: Mothers Without
page's URL is http://www.gocrc.com
Both Parents."
Custody (MW/OC) and the Stepfamily
For the child's benefit, CRC favors
Association of America (SAA).
CRC's email address: [email protected]
parenting education before marriage,
Prominent professionals in the fields
Speak Out for Children is published four
during marriage, and for parents who are
times a year and is sent free to members.
of religion, law, social work, psychology,
unwed or separated. We work to demili-
child care, education, business, and gov-
Library rate: $20.00 a year. Send letters,
tarize divorce between parents who are
ernment comprise our Advisory Panel.
comments and articles for publication to
involved in marital disputes, substituting
Material in this newsletter authored
Editor, CRC.
Jonathan M. Goodson, President
Hon. Sherwood Boehlert
OFFICERS AND BOARD
PARENTING EDUCATION
Mark Goodson Productions
SPOKESPERSON
MEMBERS
U.S. Congressman (R-NY)
David L. Levy, Esq. President
Wes Unseld, VP Washington
Los Angeles, California
John L. Bauserman,Jr., Chairman
Jim Cook, President
Wizards
Samuel A. Brunelli, CEO
Hon. Bob Graham
Member, NBA Hall of Fame
Joint Custody Association
Ingrid Bough-Bell
Los Angeles, California
U.S. Senator (D-FL)
John L. Bauserman, Sr.
NATIONAL SPOKESPERSONS
Jennifer Isham, President
Darryl Grant, Washington
Teresa L. Kaiser, J.D.
"Dear Abby"
Judge Richard A. Waldron (ret'd)
Redskins Superbowl XVII and
(Abigail Van Buren)
Mothers Without Custody
XXII Champion
Lee Yarborough
(MW/OC)
Los Angeles, California
Dwight Twilley, Pop Singer/Author
Crystal Lake, Illinois
HONORARY PRESIDENT
Karen DeCrow
Catherine Meyer, Author
Former President of N.O.W.
EVALUATORS OF RESEARCH
Joan B. Kelly, Ph.D.
John Guidubaldi, D.Ed.
Wife of the British
Vice President, California
Jamesville, New York
Ambassador to the U.S. D. Richard Kuhn
Dispute Resolution Institute
Elliott H. Diamond
Corte Madera
GENERAL COUNSEL
Co-Founder, CRC
FAMILY ADVISORY BOARD
Michael L. Oddenino
Chairman,
Reston, Virginia
Elisabeth Kubler-Ross, M.D.
Arcadia, California
Clifton Alan Clark, Sr.
Author, Psychiatrist
former CRC Director of
Phyllis Diller, Comedienne
Scottsdale, Arizona
Development
DIR. OF CHILD ACCESS
Los Angeles, California
Vicki Lansky, Author/Columnist
SERVICES
Margorie Engel, president
Alfred Ellis
Deephaven, Minnesota
ADVISORS
Rabbi Mendel Abrams, M.Min
Stepfamily Association of America
Former President, Board of Rabbis
DIR. OF INFORMATION
James Levine, The Fatherhood
of Greater Washington, DC Warren Farrell, Ph.D., Author
Project
SERVICES
Ed Mudrak
former Member of the Board of
The Family and Work Institute
Eloise Anderson
Directors, New York City N.O.W.
New York, New York
The Claremont Institute
DIRECTOR OF PARENTING
Leucadia, California
Sacramento, California
EDUCATION PROGRAMS
Hon. Debbie Stabenow
Elizabeth Hickey, M.S.W.
Larry Gaughan, Professional
U.S. Congresswoman (D-MI)
Salt Lake City, Utah
Director
David Birney, Actor
Santa Monica, California
Hon. Fred Thompson
Family Mediation of Greater
Washington, D.C.
U.S. Senator (R-TN)
Page 2
*pring 2000
Speak Out For Children
t
Wisconsin
Many Helped
opposers almost every time.
Gain Passage
Using data, personal stories, and support
Continued from page 1
from some of the judiciary, as well as data
The Parents' Rights Coalition, along
Bipartisan Effort
showing that children do better when
with Wisconsin Fathers for Children and
Succeeded
both parents are allowed to stay involved,
Families, Citizens for Family Law Re-
the legislature moved forward.
These provisions and a bipartisan ef-
form, and Legislation for Kids and Dads,
fort from the Budget Conference Com-
worked long and hard from the begin-
Sen. George Spearheaded
mittee, "put Wisconsin into a leadership
ning.
role in dealing with the national prob-
ludge James Welker of Wisconsin
Effort in Wisconsin Senate
lem of many fathers (and some moth-
is probably the most supportive judiciary
for Shared Parenting
ers) being disenfranchised from their
officer in the state," said Eisenbert. "He
children by outdated laws and the gen-
helped influence the Wisconsin State
der bias which exists in our legal system,"
Bar's Family Law Section into making
Under pressure from lawyers and
said Jan Raz, president of Wisconsin Fa-
sweeping reforms in the paternity sec-
abuse advocates, the Wisconsin Bar Fam-
thers for Children and Families, one of
tion of this new law Without him and
ily Law section redrafted the bill, gutting
the groups that assisted the Parents'
some of the bar's support, the bill may
about 50% of the original bill, and Gov.
Rights Coalition in getting this bill
not have been signed by the governor,"
Thompson line item vetoed more, said
passed (Raz's
e-mail
is
said Eisenbart.
Eisenbart. At best, 25 to 30% of the origi-
[email protected]).
Eisenbart said there is still no pro-
nal bill was left. "It is a start and the new
This bill had its origins almost five
tection from:
law is an improvement," he said.
years ago, when approximately 15 grass
one parent moving away with the
roots groups came together under the
children;
Governor Wants
name of "Parents' Rights Coalition" to
courts obstructing or terminating
Both Parents Involved
discuss problems surrounding the Fam-
parental relationships without
ily Court System in Wisconsin. These
Governor Thompson's press release
compelling or significant reason;
groups had many separate concerns, i.e.,
and
October 22, 1999, stated he was signing
grandparents rights, juvenile justice is-
the law because he wanted "major
treating children like trophies to
sues, paternity cases, single parents, non-
be won in an adversarial process
changes to the state's child custody law
custodial access to children, financial
fueled by special interests and
that encourage both parents to be in-
child support, court discretion, family
volved in raising their children." The
money.
rights, parents rights to help raise their
Governor said "We need to do more to
'We should enjoy this program, but
children, and relocation of children.
not lose sight of the hard work yet to be
make sure both parents are fully involved
Over 16 months and lots of compro-
in the raising of their children, particu-
done," Eisenbart concluded.
mise and discussion, all those left at the
larly fathers."
26 States and D.C.
table agreed on language and intent of
Eisenbart, a CRC lifetime member,
Have Joint Custody
the original bill which revamped the
and long-time advocate/paralegal for a
state chapter on family law and some of
child's rights to be with both parents, is
According to a 1997 American Bar
the children's code.
concerned that the new law leaves dis-
Association publication, 19 states plus
"Senator Gary
cretion for bureaucrats and lawyers to
the District of Columbia have some form
George (D) was
oppose shared parenting. He says he
courageous
of presumption for joint custody, either
and others will closely watch how the law
legal, physical or legal an physical. They
enough to spear-
is implemented.
are Florida, Idaho, Iowa, Kansas, Louisi-
head the drafting
Clair Wiederhold, a director of leg-
ana, Minnesota, Missouri, Montana,
and introduction of
islation for Kids and Dads, one of the
New Hampshire, New Mexico, Texas
the bill into the Sen-
groups that helped bring about passage
and Washington, D.C. Also California,
ate,"
said
Rob
of the legislation, said: "Some attorneys,
Connecticut, Maine, Michigan, Missis-
Eisenbart, presi-
guardians ad litem, court commission-
sippi, Nevada, Vermont and Washing-
dent of the Coali-
George
ers and judges already apply many of
ton. In some of those states, there is a
tion. "When sup-
these principles in present cases. How-
presumption for joint custody only if
port for the bill grew, so did concerns by
ever, most don't. This legislation should
both parents agree. The states that have
politicians and resistance from other
establish a more uniform, statewide goal
added some form of presumption since
groups, including Victims of Domestic
of securing the best interest of children
the ABA report are Alabama, Ohio,
Abuse Advocates, court commissioners,
by allowing children to have both par-
Oklahoma, Oregon, Tennessee, West
and family lawyers. Lawmakers ques-
ents fully involved in their lives. Wiscon-
Virginia and Wisconsin.
tioned whether the bill would make too
sin has begun to recognize that dads as
much of a change to existing law.
well as moms count in their children's
At public hearings, supporters out
lives."
Spring 200 Speak Out For Children
Page 3
5
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7 eRe
0
0
0
0
4 Dayee t
0
Zeiset.
0
ewe
0
0
0
0
cant reduction in poverty, because the
reason for the new national finan-
0
Levy
"Pharaohs" who run programs keep
cial child support collection system.
0
losephs"poor peopleuninvolved in
0
Now, 20 years later, despite fi-
The "Divorce Industry"
0
nancial child support collections
their own emancipation from poverty.
0
Results in Poverty for
having quadrupled because of a
0
He tells of Washington, D.C., where
Children and Parents
0
a decades-old law that prohibited "boot-
huge federal and state bureaucracy,
0
0
liens, interception of tax returns,
blacks" from the District was used against
I read a book recently about how
0
a black entrepreneur who had set up a
jailings, midnight arrests, posting of
0
difficult it is to end poverty because
0
thriving business of shoe-shine stands
the "10 Most Wanted" lists, boot-
there is a well-intentioned but mis-
0
throughout the city, staffed by bow-tied
ing of cars, etc., the poverty rate for
0
guided "poverty industry" that serves
children remains essentially un-
0
employees, many ofwhom had formerly
to perpetuate poverty through top-
0
been unemployed.
changed.
0
down run programs instead of en-
0
The 1999 Current Population
In another case, a hair salon whose
abling poor people to work toward
0
Report
(website
practice was limited to braiding hair was
0
their own economic self-sufficiency.
threatened with termination because
0
www.childstats.gov), reports that 18
It reminded me of the "divorce
0
percent of children in all families
D.C. regulations ruled that its stylists had
0
industry" that is also generally well-
0
lived in poverty in 1980, and 19
to pass the same cosmetology exams as
intentioned, but whose result is the
0
beauticians whose use chemical treat-
percent in 1997.51 percent of chil-
0
continued financial and emotional
dren in single mother headed
ments.
0
poverty of many children, because
0
As these entanglements with red tape
houses lived in poverty in 1980, and
0
non-custodial parents are seen as the
49 percent in 1997. The reason
0
show, it is not the race of the "Pharaohs"
problem rather than as part of the
0
poverty is essentially unchanged is
but the rules of the game that determines
0
solution. Many non-custodial parents
whether the "Josephs" who want to lift
that America continues to encour-
0
are affected by divorce, and are im-
0
age single-parent families for the
themselves out of poverty are allowed to
0
poverished emotionally and finan-
do so or not.
same reasons that Woodson gives
0
cially by the evils of the divorce sys-
0
for programs designed to aid the
The "Pharaohs" treat the poor as cli-
0
tem.
ents rather than as participants who
poora bureaucratic indifference
0
Robert L. Woodson, Sr., author
0
should be involved in creating their own
and hostility to involving the people
0
of "The Triumphs of Joseph", tells
0
affected by government decisions in
self-sufficiency.
the Biblical story of Joseph who was
0
Woodson, founder of the National
the own solutions.
0
imprisoned by Pharaoh, but when the
Center for Neighborhood Enterprise in
The child support bureaucracy,
0
ruler had a nightmare he and his
0
Washington, D.C., and a MacArthur "
family law attorneys, courts, expert
0
soothsayers could not understand, it
genius" grant recipient in 1990, argues
witnesses, sheriff's departments, are
0
was the young man from the dungeon
0
that the healing agents in our culture
all part of the divorce industry. Tens
0
who was able to interpret it for him
churches, neighborhood groups, com-
of thousands of jobs and billions of
0
and thereby save the kingdom.
0
munity organizationsmust be un-
dollars are at stake if this industry's
0
Woodson sees Joseph as a proto-
leashed to go to work where the efforts
dominance over children and fami-
0
type of the men and women who
0
of government have failed.
lies is not questioned.
battle daily to change lives in our
0
0
poorest neighborhoods. While many
Parents Not Consulted
More Awareness that
0
such modern "Josephs" exist,
0
0
on Solutions
Children with Two
0
0
Woodson argues, their efforts are too
Parents do Better
0
0
often ignored or disparaged by
0
0
How many times have separated,
0
0
"Pharaoh's courtiers"the people
divorced or never-married parents been
Fortunately, there is a change in
0
0
0
0
who have a vested interest in the ex-
the wind. There is a greater aware-
treated as deadbeats and outcasts uncon-
0
0
cerned with the support of their own
istence of poverty and racial tension
ness in Washington and elsewhere
0
0
0
children, and thus unentitled to help
0
and have drawn attention away from
in the country that children do bet-
0
0
solutions to the problem.
solve the problem of child impoverish-
ter when they have two parents.
0
0
0
It is no wonder, Woodson writes,
ment.
0
Two-parent families, preferably
0
0
Reduction of poverty was cited by
that just as the expenditures of billions
married, but also if the parents are
0
0
0
never married, separated or di-
of dollars has not resulted in signifi-
0
Sen. Russell Long in 1980 as the main
0
0
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Page 4
Spring 2000
Speak Out For Children
0
0
In other words, public safety, the
tom-up, will they involve the very par-
vorced, provide the best financial and
0
0
,
0
ents who are emotionally and finan-
0
emotional insulation for children.
safety of the average person in the streets,
0
0
is affected by how we treat families.
cially responsible for supporting their
Single parents do a super-human
0
0
children, or will they become so bu-
0
Those people are voters, and political
job for their children, but generally just
0
reaucratic that we will not be able to
leaders want to be seen as doing some-
cannot provide as much financial and
0
0
0
recognize their worth?
0
thing for public safety.
emotional support as two parents can.
0
0
I like the idea of this outreach to
Thus, Congress introduces father-
CRC has helped bring about this
0
0
0
parents, but I am troubled by the fact
hood bills, and communities across the
change over the years, as have many
0
0
0
country establish fatherhood programs
other people and organizations. I be-
that the divorce industry still fuels sole
0
0
0
that did not exist 5 years ago. In fact,
custody adversarial battles all around
0
lieve a big reason for the change is the
0
0
the country, and that a huge bureau-
these are parenting bills and parenting
research that has piled up like a moun-
0
0
0
programs, because the effect will be to
cracy still treats parents of separation
0
tain.
0
0
and divorce as people to be acted on
This mountain shows that crime,
give children both a father and a mother
0
0
rather than included in solutions to
0
in more instances.
0
drugs, academic achievement, and ev-
0
0
the problem.
ery other measurement of social be-
There is a big question, however, as
0
0
Children deserve better.
havior by children is improved if a
0
to how these programs will be run. Will
0
0
0
they be run top-down, rather than bot-
child has two parents.
0
0
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0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
Senate Considers $150 Million Fatherhood Bill
Senate Considers Bill to Help with
Emotional and Financial Support of Children
million a year in access (visitation) funds
The Senate is considering a "Respon-
sible Fatherhood" bill (S. 1364) that
that Congress has provided to the states
would provide $150 million to encour-
since 1997.
age the role of fathers as parents in low-
Grants Would be for
income families and to help fathers bet-
Public and Private
ter provide for their children.
Organizations
The Senate bill is a counterpart to
Domenici
Bayh
the "Fathers Count Act" (H.R. 3073),
The $150 million would be for
passed by the House of Representatives
Sponsors of Senate Bill
grants to public and private organiza-
on November 10, 1999, by a vote of 328
tions which promote marriage through
to 93. CRC Prefers Passage of the House
counseling, mentoring, and enhancing
welfare reform and welfare-to-work ini-
Bill (H.R. 3073).
relationship skills. The bill will encour-
tiatives. With many mothers now com-
Sponsors of the Senate bill are Sens.
age local efforts by requiring that 75%
Pete Domenici (R-NM) and Evan Bayh
ing offwelfare, Congress knows that they
of the funding goes to non-governmen-
(D-IN). A hearing should have been
must have the financial help of fathers.
tal community based organizations. Pref-
held by the time you receive this news-
But the legislation goes beyond welfare-
erence for funding would go to organi-
letter by the Senate Finance Commit-
to-work incentives, and encourages the
zations which promote successful
tee, chaired by Sen. William Roth (R-
role of fathers as parents in low- income
parenting, through disseminating infor-
DE). If such a hearing has not already
families and to help fathers better pro-
mation about good parenting practices,
vide for their children. Some observers
been held, it is questionable whether the
including family planning, encouraging
legislation will become law this year.
have referred to this bill as a parenting
child support payments and regular ac-
Sponsors of the House version of the bill
bill, because it will have the ultimate pur-
cess between fathers and their children.
(The "Fathers Count Act") are Reps.
pose of assisting children to have more
It would assist in aiding fathers and
involvement by both parents in their
Nancy Johnson (R-CT) and Ben Cardin
their families to avoid or leave the wel-
lives. Some services and programs are
(D-MD), who spoke on the House floor
fare system, by providing activities such
expected to reach out to low-income
in November, 1999 strongly in favor of
as job training, subsidized employment
mothers and divorced parents.
its passage.
and education to advance job opportu-
Congress is considering this legisla-
Previous legislation that helped par.
nities and careers.
ents to function as parents is the $10
tion as part of its continuing efforts on
Page 5
Spring 2000 Speak Out For Children
Child Custody Jurisdiction
How to Decide Which Court Decides
Michael L. Oddenino
The Uniform
are all designed to prevent child abduc-
court among one or more state courts
Child Custody Ju-
tion as well as providing a mechanism
has jurisdiction, or, if more than one has
risdiction
Act
for determining which court has the right
jurisdiction, which should claim it.
(UCCJA) and the
to decide a custody case. These laws
The UCCJA and the PKPA are also
Parental Kidnap-
address the problems arising when one
designed to facilitate and promote com-
ping Prevention Act
parent breaches another's right to cus-
munication among courts which have or
tody by removing the child from his
(PKPA) are legisla-
may have concurrent jurisdiction. They
tive responses to the
"home state" or "habitual residence" and
require all states to honor prior custody
takes him to another jurisdiction, or
child custody juris-
orders. A court that receives information
Oddenino
diction problem.
when the parent retains the child in vio-
on possible ongoing custody litigation in
The Hague Convention on the Civil
lation of another's custodial rights or in-
another state should communicate with
Aspects of International Child Abduc-
terests.
the appropriate court in that state. The
tion is the international response.
law actually calls for a judge in state A to
Determining Which State
The UCCJA began as a model act
communicate with a judge in state B.
Has Home State Status
which became virtually universal state
The UCCJA provides subject mat-
law. The PKPA, on the other hand, is
ter jurisdiction and is the exclusive
The primary factor for determining
federal law.
method of obtaining it in child custody
if a state has jurisdiction to decide a cus-
The UCCJA creates a two-prong
cases. Subject matter jurisdiction is de-
tody case is the "home state" status,
approach to determining which court
termined by statutory definition (e.g.,
where it is assumed that one will find the
decides a custody case. First, a general
certain length of residence) and may
maximum amount of evidence on the
class of jurisdiction is established for
not be conferred by consent of the par-
child's interests. The "home state" is the
custody cases. Second, the law provides
ties. Absence of subject matter jurisdic-
jurisdiction in which the child has lived
a mechanism intended to vest the right
tion may be raised by the trial court
with his or her legal custodian for at least
to exercise jurisdiction in only one state
or the parties at any stage of the pro-
six months or a state which was the
at any given time. The UCCJA and the
ceedings.'
"home state" within six months of filing.
PKPA supersede all conflicting or con-
(For example, if a family lives in state A
Home State Jurisdiction
tradictory laws.
for one year, state A is the home state If
Predominates
The UCCJA, the PKPA, and the
the same family lived in state A for one
Hague Convention apply only to those
year and then one parent moved to state
The UCCJA establishes a system of
who have a right to custody.' The
B with the children and filed in state B
concurrent and potentially conflicting
UCCJA and the PKPA each prescribe
after living in state B for only four
jurisdiction. The bases for jurisdiction
four bases for jurisdiction: (1) home
months, state A is still the home state).
are hierarchical and continuing jurisdic-
state; (2) significant connection, plus evi-
The UCCJA also allows a state to ex-
tion always prevails. Home state jurisdic-
dence regarding the best interests of the
ercise jurisdiction on the basis of the
tion predominates over significant con-
child; (3) emergency; and (4) default ju-
children having "significant connections"
nection jurisdiction. Emergencyjurisdic-
riscliction (no other state has jurisdiction
with that state. Thus, under the UCCJA,
tion will trump either of those bases, but
or has declined it). The bases may over-
even though state A is the home state,
it is temporary. Finally, if no state has ju-
lap, so concurrent jurisdiction is com-
state B might exercise initial jurisdiction
risdiction on the basis of UCCJA or PKPA
mon and conflicts of jurisdiction often
on the basis of significant connections.
rules, the state in which the child and a
occur.
The PKPA intended to eliminate this
party are domiciled may claim it.
For example, the "home state" may
possibility by making the "home state"
The law eliminates potentially end-
not be the same state as the one in which
the exclusive state to exercise initial ju-
less procedural custody litigation by plac-
the parties have "significant connections"
risdiction notwithstanding that some
ing the bases of jurisdiction in the afore-
and where there is "substantial evidence"
other state had "significant connections."
mentioned descending preferential or-
about the child's best interests.2
This is a major distinction between the
der and by providing for virtually exclu-
The UCCJA, the PKPA, and the
UCCJA and the PKPA.
sive continuing jurisdiction in the origi-
Hague Convention on Child Abduction
These laws are also designed to avoid
nal decree state.4In addition, to achieve
forum shopping, jurisdictional compe-
fairness and cooperation, mechanisms
Oddenino is CRC's General Counsel. He prac-
for communication and for declining
tition, and duplicative litigation. They es-
tices family law in the Los Angeles area. His
tablish a scheme for determining which
jurisdiction were included.
website address is www.oandglaw.com
Page 6
pring 2000
Speak Out For Children
Continuing Jurisdiction
states.'7 The federal felony provides at
prevails over any other basis] .8
least three affirmative defenses: (1) cus-
The court also held that no treaty or
Once a court properly exercises ju-
tody or visitation award to defendant
other source of international law pre-
risdiction in a child custody matter, that
pursuant to UCCJA; (2) flight from a
cludes California courts from claiming
state is deemed "the decree rendering
pattern of domestic violence; and (3)
jurisdiction in a case properly brought.
state."' For example, if state A were the
defendant had proper physical custody
California was "home state" and the state
home state and the judge in state A con-
and failed to return the child for rea-
"with the most significant connection" to
ferred with the judge in state B where a
sons beyond his control."
the parents and the minor child and sub-
parent filed after only four months claim-
stantial evidence relating to the minor
ing significant connections, and those
The Hague Convention
child's well-being. Some courts construe
judges determined that state A should
the UCCJA to apply internationally only
The UCCJA and the PKPA are not
exercise initial jurisdiction, state A would
when a foreign custody order is at issue.'
the only laws on international jurisdic-
then have a hearing and render a cus-
Other states apply the general policies
tion over child custody. In 1980, the
tody decree. Assume one parent contin-
and objectives of the UCCJA to all cus-
Hague Convention on the Civil Aspects
ues to reside in state A while the other
todyjurisdiction disputes, including those
of International Child Abduction was
parent resides in state B with the chil-
in the international context.'°
formed to complement our UCCJA and
dren pursuant to state A's decree. Two
PKPA in the international arena." The
years later the parent in state B wants to
Child Abduction
Hague Convention is different from the
modify the custody or visitation sched-
UCCJA and PKPA in that it does not
ule. What happens?
Since the 1970s, the State Depart-
create recognition and enforcement stan-
State B is now the home state as the
ment says it has been contacted for help
dards, but demands the prompt resto-
children have lived there for two years.
in about 11,000 international child ab-
ration of the custody that existed before
State A is the decree rendering state as
ductions where a parent was involved."
the alleged abduction.2°
the initial and current order was ren-
The Justice Department reports some
The United States ratified the Hague
dered in state A. Only state A has the
354,100 cases of parental abductions a
Convention in 1986. It went into effect
right to exercise jurisdiction even though
year, but fails to identify how many are
in 1988, upon the enactment of its en-
state B has home state jurisdiction be-
international." The State Department
abling legislation, the International Child
cause state A enjoys the continuing ju-
estimates an average of 400 to 500 new
Abduction Remedies Act (ICARA) .21
risdiction of the decree rendering state.
international cases per year, a number
This Act provides that it "shall apply to
Thus, state B cannot properly exercise
critics charge is avast underestimate. A
any child who was habitually resident in
its jurisdiction unless state A specifically
recent study by the American Bar As-
a contracting state immediately before
declines to exercise its continuing juris-
sociation Center on Children and the
any breach of custody or access rights."22
diction.
Law shows that in 60 percent of inter-
The Convention's stated purpose is "to
national abduction cases, the children
Continuing Jurisdiction in
secure the prompt return of children
are never returned even though their
the International Arena
wrongfully removed to or retained in any
whereabouts are known." This study
Contracting State," and "to ensure that
The dominance of continuing juris-
shows that parents spent an average of
rights of custody and of access under the
diction also applies to international cases
$33,500 in search and recovery of their
law of one Contracting State are effec-
where a custody order has been ren-
children, and a quarter of left-behind
tively respected in the other Contract-
dered under a law consistent with the
parents spent $75,000 or more.'
ing States."23 The Hague Convention's
UCCJA.6 For instance, a California de-
UCCJA section 23 provides that the
underlying policy is primarily to ascer-
general policies of UCCJA extend to
cision decided by a California Family
tain a speedy return of an abducted child
Court and affirmed by the Appellate
the international arena. The provisions
to the state in which he or she was a ha-
of UCCJA relating to the recognition
Court held that the California courts had
bitual resident, without undertaking a full
jurisdiction, under the UCCJA, to de-
and enforcement of custody decrees of
investigation of the case's merits.
termine the custody of a minor Mexi-
other states apply to custody decrees
The remedies of the Hague Conven-
can national.' The minor, although a
and decrees involving legal institutions
tion may be invoked when two thresh-
Mexican national, had resided in Cali-
similar in nature to custody institutions
old issues have been satisfied by a pre-
fornia for several years with her Mexi-
rendered by appropriate authorities of
ponderance of the evidence.24 First, the
can national parents. The Court stated
other nations if reasonable notice and
moving party must establish that he or
opportunity to be heard were given to
that one of the primary objectives of the
she had lawful custody rights when the
all affected persons. The same goes for
UCCJA is to "avoid the disruption to the
child was wrongfully removed or re-
the general policies and objectives of
life of a child involved in relitigation of
tained. Second, the removal or retention
...
custody matters
[0] nce a custody or-
the UCCJA and the PKPA.'5
must be from the child's "habitual resi-
Parental kidnaping is a federal
der is entered by a court with jurisdic-
dence." Articles 3 and 5 (a) of the Con-
tion under [the UCCJA], that court has
felony, calling for up to three years im-
prisonment." It is also a felony in most
continuing exclusive jurisdiction [which
Continued on page 8
Page 7
Spring 2000 Speak Out For Children
9
Child Custody
solved the problem by declining juris-
18. 18 U.S.C. 1204 (1994) provided that the
diction.); McDowv. McDow, 908 P.2d 1049,
defendant make reasonable efforts to
Continued from page 7
1051 (Alaska 1996) (a court may not
notify the other legal custodian of the
modify another state's custody decree if
vention provide that the removal or re-
problem within 24 hours of the end of
the latter court retains jurisdiction).
tention is wrongful when "(a) it is in
his visitation period.
5. See, e.g., Chapoteau v. Chapoteau, 659
19. Hague International Child Abduction
breach of rights of custody attributed to
So.2d 1381 (Fla. Dist. App. Ct. 1995).
Convention, 51 Fed. Reg. 10498 (1986);
a person ... under the law of the state in
6. In re Stephanie M., 867 P.2d 706 (Cal.
Department of State, Treaties in Force
which the child was a habitual resident
1994); In re Fischer, 666 So.2d 724, 725
328 (1989); Exec. Order No. 12,648, 53
immediately before the removal or re-
(La. App. 4th Cir. 1995); Koester V. Mont-
Fed. Reg. 30637 (1988).
tention; and (b) at the time of the re-
gomery, 886 S.W.2d 432 (Tex. Ct. App.
20. See Martin j. Bodzin, Comment, Inter-
moval or retention, those rights were
1994) (UCCJA applies internationally as
national Parental Child Abduction: The
actually exercised, either jointly or alone,
far as due process notice and similar re-
Need for Recognition and Enforcement
or would have been so exercised but for
quirements are concerned); Ruppen v.
of Foreign Custody Decrees, 3 Emory J.
the removal or retention." Custody rights
Ruppen, 614 N.E.2d 577 (Ind. Ct. App.
Inel Dispute Res. 205, 212 (1989).
1993) (deferred to Italy).
are determined by the law of the child's
21. 42 U.S.C. 11601-11610 (1994).
7. In re Stephanie M., 867 P.2d 706 (Cal.
"habitual residence," a term left unde-
22. Hague Convention on the Civil Aspects
1994), cert. denied sub nom. See also
fined in the Convention and in the
of International Child Abduction, Ch. I,
Mendez v. San Diego County Dep't of
art. 4.
United States' implementing legislation,
Soc. Servs., 513 U.S. 937, 115 S. Ct. 337
23. Hague Convention on the Civil Aspects
leaving the issue to be decided upon the
(1994).
of International Child Abduction, Ch.
facts and circumstances of the case.'
8. Id.
I, art. 1, (a), (b); Merideth v. Merideth,
United States courts have held that the
9. E.g., Ivaldi v. Ivaldi, 672 A.2d 1226 (NJ.
759 E Supp. 1432, 1434 (D. Ariz. 1991).
terms of the Convention are to be con-
Super. Ct. App. Div. 1996); Koons v.
24. In re Prevot, 59 E3d 556, 560 (6th Cir.
strued narrowly.2°
Koons, 615 N.Y.S.2d 563, 567 (N.Y. Sup.
1995).
Ct. 1994).
25. Merideth v. Merideth, 759 E Supp. 1432,
Conclusion
10. E.g., Black v. Black, 441 Pa. Super. 358,
1434 (D. Ariz. 1991).
(1995) (applying UCCJA to international
26. E.g., Rydder v. Rydder, 49 E3d 369 (8th
The framework of laws determining
child custody disputes and construing the
Cir. 1995).
proper exercise of custody jurisdiction
definition of "state" to encompass foreign
is sufficient to answer most custody dis-
nations); Dincer v. Dincer, 666 A.2d 281,
Contact Other CRC
pute problems. While some judges cre-
284 (Pa. Super. Ct. 1995); In re Stephanie
Members by E-mail
ate problems by not knowing or follow-
M., 867 P.2d 706 (Cal. 1994); Zenide v.
ing the jurisdictional guidelines, forum
Superior Ct., 27 Cal.Rptr.2d 703 (Cal. Ct.
Send and receive e-mail from
App. 1994); Ruppen v. Ruppen, 614
shopping in custody cases is not nearly
other CRC members around the
N.E.2d 577, 582 (Ind. Ct. App. 1993).
the problem it was before the implemen-
country.
11. Timothy W. Maier, Insight on the News:
tation of these laws. Armed with the
If you are a CRC member, e-
Kids Held Hostage, News World Com-
knowledge of the "off the rack" dictates
mail the following message to
munications, Inc., March 8, 1999.
of the jurisdictional laws, an attorney can
Harry Prillaman, CRC Coordina-
12. Id.
provide clients with advice well worth the
tor for Georgia, who is supervis-
13. Id.
fees charged.
ing the email for members. He
14. Id.
1. Johnson vjohnson, 493 S.E.2d 668 (Va.
reached
can
15. Winton-Ibanez v. Ibanez, 690 So.2d
be
at
Ct. App. 1997); In re Prevot, 59 E3d 556,
1344, 1346 (Fla. Dist. Ct. App. 1997) (the
[email protected]
560 (6th Cir. 1995); Caban v. Healey, 634
general policies of the UCCJA apply in-
Dear Harry. I am a national
N.E.2d 540 (Ind. Ct. App. 1994); 42
ternationally).
CRC member who would like to join
U.S.C. 11603(3) (1) (A) (1994).
16. 18 U.S.C. 1204 (1994).
the crc-generab@egroups. corn distribu-
2. See, e.g., In re Joseph D., 23 Ca1.Rptr.2d
17. In California, the applicable statute is
tion list.
574 (Cal. Ct. App. 1994); In re Marriage
Penal Code Section 278, which states
Call the CRC national office
of Alexander, 623 N.E.2d 921 (Ill. App.
"Every person, not having a right to cus-
at 202-547-6227 or fax 202 -546-
Ct. 1993).
tody, who maliciously takes, entices away,
3. Cordie v. Cordie, 538 N.W.2d 214, 216
4272 to make sure your national
keeps, withholds, or conceals any child
(N.D. 1995).
membership is current.
with the intent to detain or conceal that
4. See, e.g., Kessenich v. Kessenich, No. FA-
child from a lawful custodian shall be
We thank Bladen
96053295S, 1996 LEXIS 1517 (Conn.
punished by imprisonment in a countyjail
Super. Ct. June 11, 1996) (The fact that
Lithography in
not exceeding one year, a fine not exceed-
Connecticut had become the home state
ing one thousand dollars ($1,000), or both
Gaithersburg, MD
and had most significant connection and
that fine and imprisonment, or by impris-
for providing
most evidence were not sufficient for Con-
onment in the state prison for two, three,
necticut courts to modify a Michigan cus-
printing services to
or four years, a fine not exceeding ten
tody decree, where former husband con-
thousand dollars ($10,000), or both that
CRC.
tinued to live in Michigan. Michigan re-
fine and imprisonment."
Page 8
Spring 2000
Speak Out For Children
.