Assembly Joint Resolution No. 10-Assemblywoman de Braga
April 15, 1997
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Referred to Committee on Judiciary
SUMMARY--Urges Congress and Uniform Law Commissioners to make certain changes to laws regarding jurisdiction over matters of child custody. (BDR R-1623)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
ASSEMBLY JOINT RESOLUTION--Urging Congress and the Uniform Law Commissioners to make certain changes to the laws regarding jurisdiction over matters of child custody.
Whereas, The mental and physical health and well-being of a child is jeopardized when his parent or guardian is threatened with or subjected to acts of domestic violence; and
Whereas, To avoid such threats or acts of domestic violence, the parent or guardian will often move the child to another state; and
Whereas, The legislatures of each of the 50 states have adopted in some form the Uniform Child Custody Jurisdiction Act, which sets forth various grounds on which courts may assert jurisdiction over matters of child custody; and
Whereas, Congress enacted the Parental Kidnapping Prevention Act in 1980, which applies to any case involving the custody of a child for which the court of more than one state may assert jurisdiction; and
Whereas, The Parental Kidnapping Prevention Act sets forth similar grounds on which courts may assert jurisdiction over matters of child custody; and
Whereas, Although the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act provide that a court may assert jurisdiction over a matter of child custody in emergency situations in which the child has been threatened with or subjected to abuse, these Acts do not address the exercise of such jurisdiction when the parent or guardian of a child is threatened with or subjected to acts of domestic violence; and
Whereas, In addition, neither Act establishes a clear order of priority for the exercise of jurisdiction by courts in matters of child custody; and
Whereas, Failure to provide courts with an order of priority for the exercise of jurisdiction has led to conflicts over which court may retain jurisdiction when two courts in different states assert jurisdiction, resulting in the issuance of conflicting orders and the delayed resolution of matters of child custody; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature hereby urge the Uniform Law Commissioners to adopt an amendment to the Uniform Child Custody Jurisdiction Act and urge Congress to amend the Parental Kidnapping Prevention Act to:
1. Provide that the threat or occurrence of an act that constitutes domestic violence against a parent or guardian of a child constitutes grounds for the exercise of emergency jurisdiction by a court over a matter of child custody; and
2. Establish an order of priority for the exercise of jurisdiction over matters of child custody and provide that emergency jurisdiction enjoys the highest priority; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the National Conference of Commissioners on Uniform State Laws, the members of the Nevada Delegation to the National Conference of Commissioners on Uniform State Laws, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and approval.