Questions concerning child custody are always troubling courts in Jamaica and the United States.  The Uniform Child is a state law that was approved in 1997 by the National Conference of Commission of Uniform State Laws.  The UCCJEA governs state courts jurisdiction and the United States to make and modify child custody determinations.  Child custody determinations include custody and visitation orders.  The UCCJEA requires state courts in the United States to enforce valid child custody, visitation, and determinations made by sister state courts.

The UCCJEA conforms jurisdictional standards of the Federal Parental Kidnapping Prevention Act to ensure interstate enforceability of order.  Sometimes children born in the United States, with a valid constitutional claim to Jamaican nationality are moved to Jamaica during, before, or after custody battles.  These issues are governed by The Hague Convention on the Civil Aspects of International Child Abduction and ICARA, which is the Federal Status in the United States which implements the Hague Convention.

The subject matter of The Hague Convention that deals with the international wrongful removal and protection of children.  The first Hague Convention establishes administrative and judicial mechanisms to expedite the return of children to their country of habitual residence: particularly children who have been abducted and wrongfully retained across international borders.

Under The Hague Convention, children who are wrongfully removed from or retained in a contracting states are subject to prompt return.  The UCCJEA specifically provides for the informant of The Hague Convention return orders and authorizes public officials to locate and secure the return of children in Hague Convention cases.

David P. Rowe is a Professor of Law at the University of Miami, School of Law.