Q. I got a call from my lawyer who is out of town for two weeks. She left me a message that we can stop preparing for my upcoming trial and focus on trying to resolve the case because the “UCCJEA just passed.”  I have no idea what that means or how it impacts my case. I am trying to relocate with my kids to Connecticut to take a new job. My ex, who is in jail, objects to my move because when he gets out in two years he doesn’t want to have to go to another state to try to reinstate his parenting time.

How is this UCCJEA going to make him want to settle?

A. If your ex’s sole objection to your proposed move is as you have laid it out in your question, his objection is no longer applicable once the UCCJEA becomes law.

Massachusetts is the only state in the country which has not yet adopted the Uniform Child Custody Jurisdiction Enforcement Act.  From a practical perspective that means whenever a parent is permitted to move children out of Massachusetts, after six months of the children living outside of Massachusetts, Massachusetts can no longer make orders regarding parenting issues impacting those children because we give up jurisdiction. So, people do not want to let their children move, even if a move would present better opportunities for the children, because the left behind parent does not want to have to “play an away game” in the event there need to be changes made to the parenting plan.

Under the UCCJEA, Massachusetts will no longer automatically give up jurisdiction over children to the new state after the passage of six months. When your ex gets out in two years, under the old system, he would have to go to Connecticut to file a complaint to modify the parenting plan to try to get some time with your children.  Once the UCCJEA becomes law, he can file the modification complaint in Massachusetts, and you will be the one with the burden to return to participate in a modification action pending here. Most courts now offer remote hearings for everything except trial so you would not have to spend significant time coming back to participate in a court case if he files an action upon his release from jail.

While I understand the UCCJEA has been approved in the state Senate, it isn’t law quite yet. The family law attorneys I know all have our hopes up after decades of trying to get it passed.

Email questions to whickey@brickjones.com