§46.04 Scope of the Uccjea and Pkpa

• Jurisdiction: Washington

§ 46.04 SCOPE OF THE UCCJEA AND PKPA

There is language in opinions suggesting that the prior law, the UCCJA, applied only to "interstate" proceedings. See, e.g., In re Marriage of Shaw, 47 Wn. App. 391, 396, 735 P.2d 96 (1987) (Scholfield, C.J., concurring in part, dissenting in part); In re Marriage of Corrie, 32 Wn. App. 592, 596, 648 P.2d 501 (1982). The UCCJEA specifically provides that a court has jurisdiction for a custody determination only if the standards in RCW 26.27.201 are satisfied. RCW 26.27.201(1). It is the "exclusive jurisdictional basis for making a child custody determination" by a Washington court. RCW 26.27.201(2). Under the PKPA, an order given without the appropriate subject matter jurisdiction would not be entitled to full faith and credit in other states. 28 U.S.C. § 1738A(a), (c)(1), (d), (g). All the provisions of the UCCJEA and PKPA should be followed in custody proceedings, even if all the parties are Washington residents.

Abductions or other problems often occur after a decree has been entered. If the decree was not entered in accordance with the UCCJEA and the PKPA, it is not entitled to recognition in other states. See § 46.10, below. See also In re Marriage of Hamilton, 120 Wn. App. 147, 154, 84 P.3d 259 (2004) (lower court's finding that PKPA not applicable was not significant because the UCCJEA is consistent with the PKPA).

[1] Custody Determinations and Proceedings Defined

The UCCJEA and the PKPA apply to custody and visitation determinations, including permanent or temporary orders in both the initial and modification setting. Under the UCCJEA, custody determinations are court judgments, decrees, parenting plans, or other orders providing for custody or visitation. RCW 26.27.021(3). The PKPA defines custody and visitation determinations separately, 28 U.S.C. § 1738A(b)(3), (9), but the result is the same.

The UCCJEA provides an expansive definition of "child custody proceeding." It basically includes any proceeding that involves a determination regarding access to a child, or a proceeding in which "legal custody, physical custody, a parenting plan, or visitation with respect to a child is an issue." RCW 26.27.021(4). By statute, a "child custody proceeding" includes "a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear." Id. Note however that the Washington adoption statute, RCW 26.33.030, does not refer to the UCCJEA nor base jurisdiction for adoption on the same criteria, and RCW 26.27.031 provides that the chapter "does not govern an adoption proceeding pertaining or a proceeding pertaining to the authorization of emergency medical care for a child." For guardianship proceedings, see RCW 11.130.020(1)...