The Hague Convention is not an exclusive remedy. This means that parents may use other laws to seek return of, or access to, a child that is in the United States. One of those is the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Forty-nine states, the U.S. Virgin Islands, Guam, and the District of Columbia have some form of this law. The UCCJEA outlines when state courts should enforce child custody and visitation orders from a foreign country. The UCCJEA requires the foreign court to have substantially conformed with the UCCJEA’s jurisdictional standards, as long as the parties had notice and opportunity to be heard. Only limited defenses apply. The act provides expedited enforcement procedures. It also provides procedures to register custody and visitation determinations before enforcement. The UCCJEA regulates when a court in the United States has jurisdiction to make or modify a custody order. It also determines when U.S. courts should defer to courts in other states or countries.

Citations to each U.S. state’s version of the UCCJEA laws can be found here.

More Information about the UCCJEA

The Uniform Child Custody Jurisdiction and Enforcement Act

For more information about the UCCJEA, OJJDP Bulletin (2001): click here.

Also see For Attorneys, Legal Information

Comparison of Hague Convention and UCCJEA Enforcement Remedies

To decide which path to choose, you should consult with your attorney. Your attorney can help you decide which is the best strategy to achieve your goals. (It may be possible to request both remedies in the alternative.) The following is a list of comparisons between the Hague Abduction Convention and the UCCJEA. This is provided for general informational purposes only and is not intended to be legal advice. You should always discuss your case with your attorney before taking any actions. Your attorney will advise you about your state’s law, which may differ from the UCCJEA. 

Abduction cases where no court order exists

• You do not need a custody order to seek return under the Hague Convention. 
• You need a custody or visitation order to use the UCCJEA’s expedited enforcement procedures. 

Speed

• The Hague Convention requires ‘return forthwith’ and envisions expedited proceedings. Courts can be asked to explain delays after six weeks. However, no specific time frame is set for holding the hearing.
• UCCJEA’s enforcement is intended to be very fast. The uniform act calls for ‘next day’ enforcement. 

Age

• The Hague Convention applies to children until age 16. 
• The UCCJEA applies to children until age 18.

Court

• Hague Convention return cases can be brought in federal or state court. Access cases are brought in state court.
• UCCJEA enforcement actions can only be brought in state court in a state which has enacted some form of the UCCJEA.

Access cases

• Hague Convention Article 21 remedy does not specifically include sending a child to another country for visits, though the court may decide to do so.
• UCCJEA requires enforcement of foreign orders according to their terms. This could include visits in another country.

Defenses

• The Hague Convention provides exceptions to the return obligation. The court has discretion to order return even when an exception is established.
• UCCJEA provides very limited defenses to enforcement.