Ontario divorce law
And sometimes a party will want a particular state's law to apply because it is felt to be more favorable to that party's objectives. ontario divorce law Maryland divorce. SOURCES OF LAWThere are two sources of statutory law which apply to the determination of which state should take child custody jurisdiction; the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA). The Uniform Child Custody Jurisdiction Act (UCCJA) is a model act designed to be adopted by each state to produce a generally uniform law across the nation. All fifty states have now adopted the UCCJA, but some states have made (usually) minor changes to the UCCJA as adopted in their state. ontario divorce law Divorce-canada. Therefore a lawyer involved in an interstate custody jurisdiction dispute will study how both states involved have adopted the UCCJA. The UCCJA is codified in Wisconsin as Chapter 822 of Wisconsin Statutes. The Parental Kidnapping Prevention Act (PKPA) is a federal law that was passed because the UCCJA didn't always provide a clear answer as to which state should take jurisdiction because each state could interpret and apply it differently. ontario divorce law Alimony calculator massachusetts. The PKPA, as we will see, is very similar in some respects to the UCCJA, but it strengthens the preference for the "home state" to take jurisdiction, and because it is federal law, it pre-empts the UCCJA and provides a solution where the UCCJA make allow for a deadlock. The federal PKPA is found at 28 USC Sec. 1738A. INITIAL DETERMINATIONS VERSUS MODIFICATIONSInterstate custody disputes generally fall into one of two categories: initial custody determinations (e. g. , a new divorce) and modifications of existing custody orders. Usually the court which issued the initial order retains jurisdiction, unless both parties have since moved to different states. THE RULES AND HOW THEY WORKThere are five "kinds" of jurisdiction based on five rules:1. Home state jurisdiction2. Jurisdiction based on significant connections and substantial evidence3. Emergency jurisdiction4. Jurisdiction by default5. Continuing jurisdictionThe first four kinds of jurisdiction apply to all interstate custody jurisdiction disputes; the fifth kind of jurisdiction appliesonly to modification of existing order situations, and refers to the continuing jurisdiction of the state which issued the order sought to be modified. HOME STATE. Both the PKPA and the UCCJA prefer that the "home state" assume jurisdiction. A state is a child's "home state" if either of the following is true: first, if the child is present in the state at the time of the commencement of the proceeding and had so resided in the state for at least six consecutive months; or second, if the child is not present in the state at the start of the proceedings, that state had been the child's home state within six months prior to the child's leaving the state. What the latter part of the rule means is that if a parent moves with a child to a new state, when the child had been living in the original state for at least six months, the new state does not become the home state until the child has lived in the new state for six months; the original home state remains the home state for six months after the child is moved to a different state. SIGNIFICANT CONNECTIONS. Sometimes a child does not have a home state because the family has moved around too much. Then the determination of state jurisdiction may be resolved by the second kind of jurisdiction: which state has the most significant connections with the child and the family and in which there is available substantial evidence concerning the child custody dispute.
Ontario divorce law
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