Enforcement of the UCCJAEA

California’s Family Code, in Division 8, Part 3, Chapter 3, deals with enforcement of the Uniform Child Custody Jurisdiction and Enforcement Act.

Section 3441 defines the terms “petitioner” and “respondent.”

Section 3442 authorizes a court of this state to enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

Section 3443 requires a court of this state to recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.

Section 3444 specifies that a court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of two specified visitation provisions.

Section 3445 provides that a child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending all of the three specified items to the appropriate court in this state. On receipt of the documents required, the registering court is required to do two specified actions.

The notice required must state three specified items of information. A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court is required to confirm the registered order unless the person contesting registration establishes any of the three specified facts.

If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served are to be notified of the confirmation. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Section 3446 allows a court of this state to grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. A court of this state must recognize and enforce, but may not modify, a registered child custody determination of a court of another state.

Section 3447 states that, if a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination, the enforcing court must immediately communicate with the modifying court.

Section 3448 requires a petition under this chapter to be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. A petition for enforcement of a child custody determination must state all six of the specified items.

Upon the filing of a petition, the court is required to issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

Section 3449 requires the petition and order to be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.

Section 3450 requires the court, upon a finding that a petitioner is entitled to immediate physical custody of the child, to order that the petitioner may take immediate physical custody of the child, unless the respondent establishes either of the two specified conditions.

Section 3451 allows the petitioner, upon the filing of a petition seeking enforcement of a child custody determination, to file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child.

A warrant to take physical custody of a child must contain all three specified items. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. A warrant to take physical custody of a child is enforceable throughout this state. Also, the court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.

Section 3452 requires the court to award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

Section 3453 requires a court of this state to accord full faith and credit to an order issued by another state, and consistent with this part, enforce a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so.

Section 3453.5 provides that a law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care is against the public policy of this state and may not be enforced or applied in a case pending in a court in this state. The terms “gender-affirming health care” and “gender-affirming mental health care” are defined.

Section 3454 allows an appeal to be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases.

Section 3455 specifies that, in a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney is authorized to proceed under existing laws.

Section 3456 states that a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the district attorney with responsibilities.

Section 3457 allows the court to assess all direct expenses and costs incurred by a district attorney.

Chapter 4 deals with miscellaneous provisions related to the Uniform Child Custody Jurisdiction and Enforcement Act.

Section 3461 states that, in applying and construing this Uniform Child Custody Jurisdiction and Enforcement Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 3462 contains a severability clause.

Section 3465 provides that a motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.