Document Type

Book Chapter

Publication Date

1981

Abstract

Child protection orders issued by local courts are sometimes violated. As long as the children and the other parties involved remain within the court's jurisdiction, enforcement problems, although they exist, are less complicated than the problems presented when the child is out of the court's jurisdiction. A child may be removed from the jurisdiction during visitation, contrary to the court's order. A child, visiting in another jurisdiction, may not be returned as ordered by the court. A child placed out of the jurisdiction by the court may now be in jeopardy because of an unauthorized removal from placement or other violation of the court order. By what legal mechanisms can the local court orders be enforced in other states?

The following will focus on the Uniform Child Custody Jurisdiction Act as it might be applied to child abuse and neglect and enforcing child protection court orders. The "Parental Kidnapping Prevention Act of 1980" offers some assistance in this regard. Interstate Compacts, discussed elsewhere in this volume, should be considered 35 part of the legal arsenal in making interstate arrangements for children and in enforcing child protection orders when necessary.

Comments

1981, Published in Protecting Children through the Legal System, Washington, D.C.: American Bar Association, 1981, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.


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