WHEN THE RULES DONT FIT THE GAME - APPLICATION OF THE UNIFORM CHILD-CUSTODY JURISDICTION ACT AND THE PARENTAL KIDNAPPING PREVENTION ACT TO INTERSTATE ADOPTION PROCEEDINGS

Authors
Citation
G. Waller, WHEN THE RULES DONT FIT THE GAME - APPLICATION OF THE UNIFORM CHILD-CUSTODY JURISDICTION ACT AND THE PARENTAL KIDNAPPING PREVENTION ACT TO INTERSTATE ADOPTION PROCEEDINGS, Harvard journal on legislation, 33(1), 1996, pp. 271-314
Citations number
33
Categorie Soggetti
Law
ISSN journal
0017808X
Volume
33
Issue
1
Year of publication
1996
Pages
271 - 314
Database
ISI
SICI code
0017-808X(1996)33:1<271:WTRDFT>2.0.ZU;2-R
Abstract
In light of increasing interstate custody disputes between adoptive an d biological parents, courts must often engage in complex jurisdiction al battles. in an effort to resolve these conflicts, courts have turne d to the provisions of the Uniform Child Custody Jurisdiction Act (UCC JA) and the Federal Parental Kidnaping Prevention Act (PKPA)-statutes originally designed to address interstate abductions of children. In t his Note, Mr Waller describes how the use of these statutes in interst ate custody disputes produces unintended consequences. la addition, th e author illustrates how the often inconsistent judicial application o f these procedural rules may have substantive law effects. Mr. Waller proposes possible legislative and judicial reforms to ensure that the application of these statutes will reflect their ultimate goal, namely , the best interests of the child.