§46.06 Jurisdiction Over The Parties

• Jurisdiction: Washington

§ 46.06 JURISDICTION OVER THE PARTIES

There has been historical uncertainty regarding the type of service required in a custody proceeding. Some of those questions were answered in the UCCJA (repealed 2001) and the PKPA. The UCCJEA provides additional guidance and includes explicit protection for parties who are obligated to litigate a custody proceeding in a state that does not otherwise have personal jurisdiction over them.

[1] Notice or Reasonable Attempts at Notice Is Required

Reasonable notice and the opportunity to be heard are bases for jurisdiction over the parties to a custody proceeding. 28 U.S.C. § 1738A(e); RCW 26.27.081, .241; UCCJEA § 201 cmt. However, if reasonable attempts have been made to provide notice, a court may adjudicate custody without obtaining personal jurisdiction over an absent party. Hudson v. Hudson, 35 Wn. App. 822, 670 P.2d 287 (1983). The uniform version of the UCCJEA has two sections regarding notice. UCCJEA § 205, codified at RCW 26.27.241, requires notice to be given in accordance with the standards used for notice when the custody proceeding is between residents of the state. If that is not accomplished, jurisdiction is lacking. Ghebremichale v. Dep't of Labor & Indus., 92 Wn. App. 567, 575, 962 P.2d 829 (1998) (citing Hudson, 35 Wn. App. at 833). If the person entitled to notice is outside the state, notice is controlled by another section with respect to which the Washington version differs from the uniform version. Section 108 of the uniform version merely provides that notice and proof of service can be made by any method allowed by the issuing state or the state where notice is received. UCCJEA § 108 & cmt. It does not list the methods...