We expect changes to the custody jurisdiction in Mass.

Q I got a call from my lawyer who is out of town for two weeks. She left me a message that since “UCCJEA was just passed,” we could finish preparing for my upcoming trial and focus on resolving the case. I have no idea what this means or what impact it has on my case. I’m trying to move to Connecticut with my kids to take a new job. My ex, who is in prison, opposes my move because when he gets released in two years he won’t have to go to another state to try to resume his parental leave.

How will this UCCJEA get him to settle down?

A If your ex’s only objection to your proposed move is as you stated in your question, his objection will no longer apply once the UCCJEA takes effect.

Massachusetts is the only state in the country that has not yet passed the Uniform Child Custody Jurisdiction Enforcement Act. As a practical matter, this means that any time a parent is allowed to move their children out of Massachusetts after the children have been living outside of Massachusetts for six months, Massachusetts can no longer make parenting orders affecting those children because we give up responsibility. Therefore, people do not want to have their children move, even if moving would provide better opportunities for the children, because the parent left behind does not want to “play an away game” in case changes need to be made to the parenting plan.

Under the UCCJEA, Massachusetts will no longer automatically cede child jurisdiction to the new state after six months. Under the old system, if your ex gets out in two years, he would have to go to Connecticut to file a complaint to change the parenting plan and try to spend some time with your children. Once the UCCJEA takes effect, he may file the amendment action in Massachusetts, and you will be the one who has the duty to participate in any amendment action pending here. Now, most courts offer remote hearings for everything except court cases, so you don’t have to waste a lot of time attending a court hearing if he files a lawsuit after he’s released from prison.

Although I know the UCCJEA has been approved in the state Senate, it is not quite law yet. The family law attorneys I know all have high hopes after decades of trying to get this done.

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