The Illinois Declaration Under Uniform Child Custody Jurisdiction Act (UC CJA) is a law that establishes jurisdictional authority for state courts to make and enforce child custody orders. This law was enacted in 1993 to ensure that a child custody dispute would be heard by a court in the state where the child and the child’s family have the greatest connection. Under the UC CJA, a court can make a child custody determination based on a “declaration” submitted by the parents or guardians. This declaration must include the child’s name and address, the parents’ names and addresses, the child’s date of birth, and the state where the child has resided for the past six months. The Illinois Declaration Under Uniform Child Custody Jurisdiction Act (UC CJA) recognizes two types of declarations: (1) an Initial Declaration and (2) a Modified Declaration. An Initial Declaration is a document that is filed when a parent or guardian first requests an order for child custody. A Modified Declaration is a document that is filed when an existing child custody order needs to be modified. The UC CJA requires that all declarations be signed by both parents or guardians of the child and notarized by a Notary Public or other official. Once a declaration is filed, the court will review the document and determine whether it meets the requirements of the law. If it does, then the court can make a child custody order based on the information in the declaration.
Illinois Declaration Under Uniform Child Custody Jurisdiction act (UCCJa)
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FAQ
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines who has jurisdiction in a child custody litigation case depending on where the child has lived with a parent for six consecutive months prior to the court proceedings.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105) Give the court important information about the children you have with your spouse or domestic partner. The court considers this information before making child custody and visitation orders.
Under Section 204 of the UCCJEA, a court has ?temporary jurisdiction if the child is present in this State and it is necessary in an emergency to protect the child because the child is subjected to or threatened with mistreatment or abuse.? Section 204 of the UCCJEA was specifically enacted to protect victims fleeing
What are Grounds for Emergency Custody in Illinois? Your child's life, health, and safety are threatened. These motions should be filed when you genuinely, reasonably feel your child's life or health is threatened. It's an emergency situation, not one you're vaguely uncomfortable with because of a possibility of harm.
A court must decline to exercise jurisdiction if a party has engaged in unjustifiable misconduct that resulted in the court's jurisdiction over the case. UCCJEA, §208.
Police can enforce a custody court order, but it does not happen often. For these disputes, the best course of action is to file with the court.