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Custody & Parenting

Family Law · NextGen Bar Exam single best answer

A father holds a valid Franklin custody order granting him primary physical custody of his child. Over the summer, he allows the child to visit the mother in Columbia, but when the visit ends the mother refuses to return the child and keeps the child in Columbia. The father wants the fastest lawful way to have the child returned to him, and he is concerned that the mother may try to move again with the child if he delays. He consults a lawyer about how to enforce his existing order across state lines.

What is the father's best course of action?

  1. AOption A. Incorrect answer. File a brand-new custody case in Columbia and relitigate from scratch who should have custody.
  2. BOption B. Correct answer. Register the Franklin order in Columbia and seek its expedited enforcement.Correct
  3. COption C. Incorrect answer. Travel to Columbia and physically retrieve the child himself without involving any court process.
  4. DOption D. Incorrect answer. Wait for the mother to return the child, since courts cannot compel a return across state lines.

Why

The UCCJEA provides a fast-track interstate enforcement process: the out-of-state order is registered in the new state, and a court there enforces it on an expedited basis without relitigating the merits, and in urgent cases the court may issue a warrant to take physical custody of a child at risk of removal (B). A is exactly what the father should avoid — Columbia will not re-decide custody, because Franklin's order is entitled to full faith and credit, so relitigation only wastes time and is barred. C is self-help that amounts to child-snatching, which invites its own legal jeopardy and is never the sanctioned route. D wrongly assumes courts are powerless across state lines, when registration plus the PKPA's full-faith-and-credit command make the order enforceable. The father should register the order and seek expedited enforcement.

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