Bill
S 1052
The bill enacts a Massachusetts version of the UCCJEA to provide clear, uniform rules for jurisdiction, recognition, and enforcement of interstate and foreign child-custody determi
Status & Procedural Notes
- Filed: January 9, 2025 (Senate Docket No. 247) by Senator Cynthia Stone Creem (Judiciary).
- Action: The bill strikes existing Massachusetts General Laws chapter 209B and inserts a new chapter adopting the Massachusetts version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). As filed, it was referred to the Judiciary Committee for consideration.
Purpose and Intent
- To replace the existing state statutory chapter governing interstate child custody jurisdiction and enforcement with a Massachusetts-specific enactment of the UCCJEA.
- The stated goals are to (1) provide clear, uniform rules for which courts have jurisdiction over child-custody matters, (2) reduce conflicting custody orders across states and countries, and (3) establish procedures for recognition and enforcement of child-custody determinations from other states, tribes, and foreign countries.
Key Provisions (major themes and specific elements reflected in the bill)
- Definitions: Establishes core terms including “child” (under 18), “child‑custody determination,” “child‑custody proceeding,” “home state,” “initial determination,” “issuing court/state,” “person acting as a parent,” etc.
- Scope and exemptions: The chapter governs custody jurisdiction and enforcement but does not apply to adoption proceedings or to proceedings authorizing emergency medical care for a child.
- Jurisdictional rules:
- Home state jurisdiction: the state where the child lived with a parent (or person acting as parent) for at least six consecutive months prior to commencement (special rule for children under 6 months).
- Significant-connection jurisdiction and other UCCJEA bases for jurisdiction are incorporated to address cases where home-state jurisdiction is not applicable.
- Emergency/temporary jurisdiction provisions for immediate protection of a child.
- Exclusive, continuing jurisdiction for modification of an existing valid custody order (consistent with UCCJEA principles).
- Recognition & enforcement:
- Procedures to register and enforce child‑custody determinations made in other states, tribes, or foreign countries (subject to conformity and human-rights safeguards).
- Obligations for notice, opportunity to be heard, and the binding effect of determinations on persons properly served, notified, or submitting to jurisdiction.
- Tribal & international treatment:
- Tribes are treated similarly to states for applying Articles 1 and 2; tribal determinations made in substantial conformity with the chapter are to be recognized and enforced.
- Foreign-country child-custody determinations may be recognized unless the foreign law violates fundamental human-rights principles.
- Court cooperation and priorities:
- Jurisdictional questions are to be given priority and handled expeditiously.
- Provisions encourage interstate judicial communication, cooperation, and coordinated proceedings to reduce conflict and duplication.
- Notice requirements: Specific mechanisms for providing notice to persons outside the Commonwealth when required for exercise of jurisdiction.
Who is affected
- Parents, guardians, and other persons acting as parents involved in interstate or international child‑custody disputes.
- Massachusetts state courts (trial and appellate), court clerks, family law practitioners, child welfare agencies, law enforcement (for warrant execution), and related service providers.
- Tribes and foreign courts to the extent their orders are presented for recognition/enforcement in Massachusetts.
Potential impact
- Legal clarity and greater uniformity with the UCCJEA model are intended to reduce contradictory orders, speed enforcement of valid out-of-state custody determinations, and improve interstate cooperation.
- Courts and practitioners will need to implement and apply new statutory definitions, jurisdictional tests, and registration/enforcement procedures; training and administrative adjustments may be required.
- The bill preserves protections for persons entitled to notice and hearing and includes safeguards (tribal and fundamental human-rights exceptions for foreign orders).
Notes
- The bill as filed is lengthy and largely mirrors the UCCJEA model; additional committee amendments and legislative actions may refine specific procedures or definitions. This summary focuses on the core framework and effects of the proposed chapter replacement.
Compiled from official sources — confirm details with the bill’s official record.
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