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
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
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.