UCCJEA Child Custody Jurisdiction Draft

UCCJEA CHILD CUSTODY JURISDICTION STIPULATION AND DRAFT

This Stipulation and Draft concerning jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is entered into on by and between Petitioner Name: and Respondent Name: , collectively the Parties, concerning the minor child(ren) named below.

Recitals

WHEREAS, the Parties are the parents or legal guardians of the minor child(ren) named above and seek to agree a jurisdictional determination governing custody, visitation and related matters;

WHEREAS, the Parties acknowledge that jurisdictional authority under the UCCJEA is determined by reference to the child's home state, a significant-connection state, prior custody proceedings, or emergency jurisdiction, and that factual findings supporting jurisdiction must be set forth on the record;

WHEREAS, for purposes of this Stipulation the Parties desire to make binding factual stipulations and to provide the court with the factual basis necessary to establish or decline jurisdiction under the UCCJEA.

NOW, THEREFORE, in consideration of the mutual promises and the agreements set forth below, the Parties agree as follows:

1. Jurisdictional Findings

The Parties stipulate and agree that the factual basis for jurisdiction is as indicated below (check all that apply) and that these stipulations may be used by the court in issuing any jurisdictional determination or orders:

Home State Basis — The Parties stipulate that the child's home state is because the child has lived there with a parent or person acting as a parent for at least six consecutive months prior to filing, or from birth if less than six months. Period of residence from to .

Significant-Connection Basis — The Parties stipulate that this State has significant connections to the child and at least one parent or person acting as a parent, and that substantial evidence concerning the child's care, protection, training, and personal relationships is available here. Facts supporting significant connection are described below:

Prior Proceeding — The Parties stipulate that a prior child custody proceeding exists in , captioned , case number .

Emergency Jurisdiction — The Parties acknowledge that emergency jurisdiction may be appropriate because immediate physical danger or an alleged abandonment exists. Describe emergency facts:

2. Stipulation to Jurisdiction

The Parties stipulate that, based upon the foregoing factual admissions and representations, the court named above shall have jurisdiction over this custody matter under the UCCJEA and applicable state law for the purposes of issuing custody, visitation, and related orders, subject to the continuing exclusive jurisdiction provisions herein.

3. Exclusive Continuing Jurisdiction

The Parties agree that the court shall retain exclusive, continuing jurisdiction to make a custody determination for the child(ren) so long as one parent or person acting as a parent continues to live in this State, unless the court finds and enters an order relinquishing jurisdiction consistent with the UCCJEA.

4. Temporary and Emergency Orders

The Parties agree that either party may seek emergency or temporary orders as necessary to protect the child's safety or welfare. Any temporary order entered may be registered and enforced in other jurisdictions as provided by law. If temporary custody is sought, specify requested temporary arrangements and reasons:

5. Registration and Enforcement

The Parties acknowledge that any custody or visitation order issued by this court may be registered for enforcement in another state in accordance with the UCCJEA. The Parties agree to cooperate in the registration and enforcement process, including providing certified copies of orders and relevant information to courts where enforcement is sought.

6. Notices

All notices required or permitted under this Stipulation shall be sent to the addresses below by certified mail, personal service, or as otherwise ordered by the court.

7. Amendments; Waiver

This Stipulation may be amended only by a writing signed by both Parties and approved by the court. No waiver of any provision shall be effective unless in writing and signed by the Party to be charged. The failure of a Party to enforce any provision hereof shall not constitute a waiver of that Party's right to enforce the provision in the future.

8. Governing Law

This Stipulation shall be governed by and construed in accordance with the laws of the State of , including the provisions of the UCCJEA as enacted in that State.

9. Entire Agreement

This Stipulation constitutes the entire agreement between the Parties with respect to jurisdictional matters addressed herein and supersedes any prior understandings or agreements, whether written or oral, concerning those matters.

10. Severability

If any provision of this Stipulation is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired.

11. Counterparts; Electronic Signatures

This Stipulation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Facsimile or electronic signatures shall be treated as original signatures for all purposes.

12. Certification

Each Party certifies under penalty of perjury under the laws of the governing state that the facts set forth in this Stipulation are true and correct to the best of that Party's knowledge and that the Party enters this Stipulation voluntarily, without coercion, and with full understanding of its legal consequences.

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