This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
The Concord California Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a legal document that plays a significant role in cases involving child custody jurisdiction and enforcement. This act aims to establish clear guidelines and principles for determining which state has jurisdiction over child custody matters and ensures that custody orders are enforced effectively across state lines. Understanding the key elements and various types of the Concord California Declaration Under McCrea is crucial for any parent or legal professional dealing with child custody disputes. The McCrea is specifically designed to resolve conflicts arising from child custody cases with interstate issues. Key aspects of the Concord California Declaration Under McCrea include: 1. Jurisdiction: The McCrea provides guidelines for determining which state has jurisdiction to make initial custody determinations. It identifies the "home state" concept, meaning the state where the child has lived for the six months preceding the custody proceeding, as the primary jurisdiction. 2. Exclusive continuing jurisdiction: This provision ensures that the state that initially made the custody determination maintains exclusive jurisdiction, except in situations where specific circumstances arise, such as the child or the custodial parent moving to another state. 3. Modification jurisdiction: The McCrea also addresses the issue of modifying existing custody orders. It establishes that once a state has made a valid custody determination, only that state can determine subsequent modifications unless it loses jurisdiction based on specific circumstances outlined within the act. 4. Enforcement: The Concord California Declaration Under McCrea aims to facilitate the enforcement of child custody orders across state lines. It mandates that courts of different states recognize and enforce valid child custody orders, promoting uniformity and avoiding conflicting judgments. Types of the Concord California Declaration Under McCrea: 1. Initial custody determination: This type describes when the court makes the initial determination regarding child custody jurisdiction by considering the child's home state and other relevant factors. 2. Modification of custody orders: When one party seeks to modify an existing child custody order, the court reviews the case based on the McCrea guidelines to determine if it possesses continuing jurisdiction or if it should defer to another state's jurisdiction. 3. Enforcement of custody orders: If one parent or party refuses to comply with a valid custody order, the McCrea empowers courts to enforce the order, both within and outside the state of initial determination. In summary, the Concord California Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a critical legal framework that clarifies jurisdiction and ensures the effective enforcement of child custody orders across different states. By adhering to the McCrea guidelines, courts strive to promote the child's best interests while preventing conflicting and inconsistent custody orders. It is essential to consult legal professionals experienced in family law and the McCrea when dealing with child custody disputes involving interstate matters.
