Charlottesville Divorce Lawyer Rob Hagy

PKPA Prevents Virginia From Exercising Jurisdiction Over Custody Dispute Between Gay Couple

In the case of Miller-Jenkins v. Miller-Jenkins, the Virginia Court of Appeals ruled that the trial court improperly adjudicated the parental rights of a lesbian couple who were joined in a Vermont civil union . The parties separated.  One party stayed in Vermont.  The other moved to Virginia with the parties' daughter.  A Vermont court issued an order concerning the parties' parental rights concerning the child.  After that order was entered, the Virginia trial court entered another order covering the same matters.  The trial court should not have entered the second order because, the Court of Appeals ruled, the Parental Kidnapping Prevention Act, 28 U.S.C. Section 1738A, prevented the trial court from exercising jurisdiction in the first place.  The Vermont, and not the Virginia orders, are entitled to full faith and credit.

Puerto Rican Habeas Judgment Not Entitled to Full Faith and Credit Pursuant to PKPA

In the case of E.N. v. E.S., the Massachusetts Court of Appeals ruled that a habeas corpus judgment obtained by father in Puerto Rico awarding him custody of parties' older child was not entitled to full faith and credit in Massachusetts under Parental Kidnapping Prevention Act (PKPA), as Puerto Rico was not child's "home state" within six months preceding filing of habeas corpus petition as required by PKPA. The child had left Puerto Rico with the mother at a time when there was no outstanding order awarding custody to father or prohibiting the child's removal, and, as such, Puerto Rico was no longer child's home state and had not been within six months preceding filing of habeas corpus petition.