It also illustrates a serious problem that exists with Section 105 of the Uniform Child Custody Jurisdiction and Enforcement Act.
Chinese-born married parents – characterized by the appellate court as “unusually mobile,” “financially successful”, “highly educated, international entrepreneurs, whose businesses and property were located in both the United States and China” – started competing divorce and child custody cases in Massachusetts and China.
The mother, residing in
A judge in
On appeal, the Massachusetts Appeals Court remanded the case to the original court to take additional evidence to determine whether it had authority to decide the custody issue and, if so, whether it should have exercised its jurisdiction or deferred to the
The decision on the custody issue case illustrates the superiority of the Massachusetts Child Custody Jurisdiction Act over the UCCJEA when it comes to foreign custody orders.
Section 14 of the
By contrast the UCCJEA limits the analysis to a determination of whether the foreign “child custody law violates fundamental principles of human rights.”
There is an enormous difference between the two standards -- one that this author submits leads to discrimination against American-resident parents.