On October 7, 2024, the Massachusetts Senate passed legislation to bring Massachusetts into conformity with all other states and adopt a form of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The UCCJEA was drafted in 1997 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to address ambiguities and loopholes related to jurisdiction over child custody matters that had become apparent as states adopted forms of the UCCJA, and to reduce conflict between states concerning child custody matters. The UCCJEA also ensures that courts uniformly recognize other states’ custody orders and enforce them, if necessary, by setting forth language, standards, and procedures for all UCCJEA states to adopt and follow.
Unlike all other states, Massachusetts applies the Uniform Child Custody Jurisdiction Act (UCCJA) to interstate custody disputes, Under UCCJA, Massachusetts exercises subject matter jurisdiction over child custody cases only if the child’s “home state,” meaning where the child has lived for at least six (6) consecutive months (or in the state the child has lived from birth if the child is less than six (6 months old) is in Massachusetts, under emergency circumstances, or when Massachusetts is determined to be a more appropriate forum, such as when no other state has “home state” status, significant connection, or emergency jurisdiction.
NCCUSL has found that Massachusetts’ UCCJA conflicts with the Parental Kidnapping Prevention Act (PKPA) and the Violence Against Women Act. Under the UCCJA it is possible that two states could have concurrent jurisdiction in child custody matters (e.g. based on home state and significant connection jurisdiction).
Reasons for Massachusetts to adopt the UCCJEA include preventing forum shopping and competing lawsuits in multiple jurisdictions, eliminating jurisdictional disputes between states, and reducing delays in enforcing custody orders by prioritizing the home state. Bringing Massachusetts into conformity with all other states would also ensure that Massachusetts can work effectively with courts in other states and countries, as its custody jurisdiction laws would no longer conflict with the PKPA.
The Massachusetts Senate previously passed versions of bills adopting the UCCJEA in 2016 and 2018 but these were then not passed by the House. The more recent 2024 legislation was sent to the House of Representatives for consideration on October 10, 2024, and a companion bill was filed in the House on January 14, 2025, to be considered for approval.
interstate child custody, child custody jurisdiction, child custody, custody orders