When a parent travels with a child under the auspices of a “vacation” only to have announced that the parent and the children now live in another state. This scenario is sometimes characterized as parental abduction even when it begins as a seemingly innocent vacation. No matter which parents narrative of move vs. vacation, a custody dispute is sure to arise. The initial question, however, is where will that custody dispute take place? In the state the child moved from or the state that the child moved to? UCCJEA Governs Custody Jurisdiction The determination of what state decides custody is done through the Uniform Child Custody Jurisdiction and Enforcement Act that has been adopted by 49 states. The UCCJEA was promulgated “’to end custody jurisdictional disputes between states, to promote cooperation between states in determining custody issues, and to enhance the ability of states to enforce custody orders expeditiously.’ ” Fleckles v. Diamond, 2015 IL App (2d) 141229, ¶ 32 (quoting In re Joseph V.D., 373 Ill. App. 3d 559, 561 (2007)) Each parent will have a “home court” advantage if they file in the respective state they currently live in. After all, judges are proud civic leaders with strong opinions about the superiority of their community to others. Whoever gets to the courthouse first will determine which court initially makes child custody determinations. “Except as otherwise provided in Section 204, a court of this State which has made a child-custody determination consistent with Section 201 or 203 has exclusive, continuing jurisdiction over the determination until: (1) a court of this State determines that neither the child, the child’s parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child’s care, protection, training, and personal relationships; or (2) a court of this State or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this State.” 750 ILCS 36/202(a) The other parent must immediately invoke one of the clauses after the “until” in 750 ILCS 36/202(a) by saying “they don’t really live there.” The parent who made the initial custody filing will retort by alleging to satisfy 750 ILCS 36/201(a)(1) “(1) this State is the home state of the child on the date of the commencement […]
