Family Code Section 3400: UCCJEA in California

California Family Code Section 3400

California Family Code Section 3400 contains the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Here’s everything you need to know about Family Code Section 3400: UCCJEA in California.

Family Code Section 3410 is part of the Uniform Child Custody Jurisdiction Enforcement Act, or California Family Code Section 3400. This section serves to govern cases where more than one jurisdiction has authority in cases involving child custody and visitation.

What is the UCCJEA?

The UCCJEA, or the Uniform Child Custody Jurisdiction Enforcement Act, is a compilation of laws that are used to govern child custody cases. Specifically, the UCCJEA is applied when more than one jurisdiction has the authority to make child custody and visitation orders on behalf of a given child. An example of such a case would be if a child’s parents go through a divorce while living in separate states. The California Legislature at Sections 3400-3465 of the Family Code adopted the Uniform Child Custody Jurisdiction Enforcement Act, and these sections typically conduct policy regarding:

When initial child custody and visitation orders can be made by California family courts
When another state or country’s orders regarding child custody and visitation can be altered or changed by California courts
How California can alter registration child custody orders made by other states or countries
How the state-issued authority to make custody and visitation orders is decided upon when more than one state technically has this power
When the power to issue temporary emergency orders regarding child custody and visitation is given to California, particularly in the case that California was not granted the power to make an initial order to modify one that is already in place from another state
California’s right to enforce custody orders given from other countries or states

Overall, the UCCJEA aims to assist California residents and parents, as well as out-of-state parents, by establishing rules that pertain to California courts’ abilities to make orders involving child custody and visitation. The UCCJEA was created to reduce conflict that could result as a consequence of differing laws from several states complicating cases regarding custody and visitation of a child.

What does Section 3410 go into detail about?

Section 3410 specifically deals with communication between courts from differing states. In more detail, this section indicates that:

A California court has the right to communicate with a court in a differing state about a matter that involves both.
The California court can allow parties to take part in the communication between state courts. Parties that cannot participate have to have the opportunity to make their claims and state their arguments prior to a decision being made about their case.
Information regarding schedules, court records, calendars, and other similar matters do not have to be communicated between courts and to related parties; records about the communication are not mandatory.
With the exception of the prior (c) subdivision, records need to be kept of all communication, and parties related to the case must have access to the communication records. “Records” refers to information that is stored on a device or inscribed in a physical medium that an individual can perceive.

What are some of the first sections of the UCCJEA?

Family Code Sections 3400-3412 may be cited as the UCCJEA. Some of the general provisions include:

Section 3405 states orders given by foreign nations that have similar rulings to the UCCJEA must be treated as though the orders were given by the United States.
Section 3407 states that any matters related to the UCCJEA must be given priority on a Family Court calendar.
Section 3410 states that California courts have the right to communicate directly with any other courts that relate to their case, especially in the case that one court needs to be granted authority over a custody-related matter.
Section 3411 states that courts have the power to acquire evidence for the case. An example of this includes a court ordering that witnesses (including children) must testify by phone call, video, recording, etc if they are out of state.
Section 3412 states that California courts have the power to request other courts to take part in an evidentiary hearing.

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