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Board Cert > UCCJEA/UIFSA > Flashcards

UCCJEA/UIFSA Flashcards

1
Q

How do you get personal J over someone in UIFSA?

A 
Served in FL
Lived with child in FL
Child LIVES in FL
Child conceived in FL
Provided prenatal expenses in FL
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2
Q

UIFSA. 2 states have personal and SMJ. Which state prevails?

A

Child’s home state.

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3
Q

GA does support order. Mom wants to modify it in FL. Can she?

A

Only if no one lives in GA. If anyone lives in GA, stays with GA.

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4
Q

GA enters alimony order. Everyone moves to FL. Can FL modify GA order?

A

No. Only GA no matter what.

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5
Q

GA enters alimony order. Everyone moves to FL. Can FL enforce GA order?

A

Yes, only if registered/domesticated here. Cannot modify.

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6
Q

M lives in GA and wants to enforce her GA child support order in FL. What’s her first step?

A

Must register/domesticate it in FL.

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7
Q

M lives in FL. Dad lives in GA. Dad has CS order from GA. Child moves to FL with mom. Mom wants to enforce GA order in FL. Can she?

A

No, GA must b/c dad still lives in GA.

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8
Q

When can FL modify another state’s CS order?

A

Registered in FL
Petition filed in FL
Respondent subject to PJ in FL
Parent or child lives in FL.

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9
Q

Why would M use PKPA over UCCJEA?

A

State doesnt’ have UCCJEA (Mass.)
OR
Public policy issue

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10
Q

When does FL have J under PKPA?

A

FL is or was home state of child, or

child is in FL and abused/neglected

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11
Q

What is required for personal J under UCCJEA?

A

Home state of child. nothing else.

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12
Q

How does UCCJEA define home state?

A

Residence of child for prior 6 months with parent or person acting like parent

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13
Q

Is personal service required under UCCJEA?

A

Yes.

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14
Q

What are 4 tiers for determining when FL can make initial custody determination?

A

FL home state
Fl not home state but parent/child have significant connections OR no other options
If not then, solely b/c FL is approrpaite forum.
If not then, default to FL i suppose.

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15
Q

UCCJEA: are courts required to communicate?

A

NO

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16
Q

When does FL lose J to modify a custody determination?

A

Everyone leaves
And no substantial connection
Or another court has CEJ

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17
Q

How does FL get temporary J over a child under UCCJEA?

A

Child present in FL

Abandonment/abuse/mistreatement

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18
Q

FL takes temporary J over child due to abuse. FL not home state. FL enters temp custody order. Does order become final?

A

It can, unless another court takes J

19
Q

What must be filed to enforce another state’s custody order in FL?

A

UCCJEA affidavit, incl. order has not been modified

20
Q

When can FL modify a GA custody order?

A

FL has jurisdiction to make initial determination (home state)
AND
No one lives in GA or GA declines J

21
Q

Can you get hit for child support in UCCJEA proceeding?

A

No, there’s an immunity shield

22
Q

Do you get fees in a UCCJEA case?

A

Yes.

23
Q

What is the burden of proof for a Hague case?

A

Preponderance of evidnece

24
Q

What are the things you must establish to win a hague case?

A 
Child is under the age 16
Outside home country
Habtitual residence elsewhere
Right to custody violated
Right to custody would have been exercised but for removal
25
Q

Mom files Hague case for 14 year old child. Takes 2 years. Trial starts when child is 17. What does court do?

A

Deny, immediately loses J when child turns 16

26
Q

Name 7 defenses against returning a child per HAGUE

A 
Filed more than 1 year after leave/discovered they left
Child settled
Not exercising custody
Consent to removal
Grave risk if returning 
Child is mature and consents
Returning would shock conscience
27
Q

How does FL make initial custody determination under UCCJEA

A

Home state of child for 6 mo w/ parent or acting
OR
Child absent and parent lives in FL
OR
No J in other state and child or parent have substnatial connection to FL and evidence about child’s care in FL

28
Q

When does FL lose continuing J for UCCJEA?

A

GA says no one in FL
OR
FL or GA says no sig conn and no substantial evidence

29
Q

FL can modify GA custody order if:

A

GA says we don’t have J any more
OR GA says FL is more convenient
OR FL or GA says no one lives in GA

30
Q

What does court look at when determining whether to decline or exercise J under UCCJEA based on inconvenient forum?

A 
DV
Distance between states
Time outside state
Financial circumstances
Evidence
Agreements between parties
Famliariy of courts and ability to move quickly
Anything else
31
Q

H hits W. W flees to NYC and gets jurisdiction there. H says FL is home state. Ruling under UCCJEA?

A

“Unjustifiable conduct” means FL SHALL decline J unless FL is more convenient

32
Q

Where do you register GA custody order in FL?

A

Where P or D resides, ro where you want enforcement

33
Q

What is required when you rgister a GA custody order under UCCJEA?

A

Letter or doc requesting reigstration
2x (1 cert) of order
Statement under oath order not modified
Names/address of parents

34
Q

H files motion to enforce custody in FL. W files motion to modify custody in GA. Where do you go?

A

GA talks to FL. Both can move forward if they have J.

35
Q

You want to get PJ over GA man for paternity and child support. How?

A 
Long arm for paternity (conceive)
OR ch 88
Service
Consent
Resided w/ child
Resided and paid prenatal in FL
F put child in FL
Conceived in FL
Asserted parentage of ANY child in FL
36
Q

M files for CS in GA. F files in FL for same thing. When can FL proceed?

A
  • F filed in FL before time ends to challenge in GA
  • F files in GA challenging too
  • FL is home state of child (if relevant)
37
Q

WHen does FL lost J to modify a FL CS order?

A

When FL’s order is not controlling order.

38
Q

If there are 2 different child support orders from FL and GA, which controls?

A

If FL has PJ over F/M, first who has continuing exclusive J?
If both, then home state

39
Q

How do you register GA CS order for enforcement?

A

Letter transmittal
2 copies order, one cert
Sworn statement of arrearage
F’s address, SSN, job, property

40
Q

When can FL modify GA CS order?

A 
Consent
OR
No one lives in GA
M is not FL resident
F is subject to PJ in FL
41
Q

Can FL modify the length of a GA child support order?

A

Only if GA allows, and look to GA law

42
Q

FL issues child support order. M moves to GA but wants to modify in FL. F moved to Japan. What happens?

A

FL can modify own order even if M leaves, if F is outside USA

43
Q

GA issues CS order. M, F, and child move to FL. Can FL enforce? Can FL modify?

A

FL can enforce

FL can modify

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