02/05/1998 03:30 PM House HES

HB 335 - UNIFORM INTERSTATE CHILD CUSTODY ACT                                  
                                                                               
Number 0007                                                                    
                                                                               
CHAIRMAN BUNDE announced the first item on the calendar was HB 335             
"An Act replacing the Uniform Child Custody Jurisdiction Act with              
the Uniform Child Custody Jurisdiction and Enforcement Act; and                
amending Rules 4 and 62, Alaska Rules of Civil Procedure, and Rule             
205, Alaska Rules of Appellate Procedure."  He noted this                      
legislation had been discussed quite extensively at the previous               
committee meeting.  He asked if there was additional testimony or              
questions.                                                                     
                                                                               
Number 0063                                                                    
                                                                               
REPRESENTATIVE BRIAN PORTER made a motion to move HB 335 from                  
committee with individual recommendations and attached fiscal                  
notes.                                                                         
                                                                               
Number 0078                                                                    
                                                                               
REPRESENTATIVE AL VEZEY objected.  He said he hadn't received any              
input from his constituents that this area of statute needed                   
modification.  He didn't understand why the legislature would                  
attempt to put into statute how the Alaska Court System will                   
interrelate with international court systems.  He viewed this                  
legislation as basically conveying to our court system that in many            
cases, Alaska is going to give jurisdiction to foreign powers over             
child custody cases, and he can not support that.                              
                                                                               
Number 0150                                                                    
                                                                               
CHAIRMAN BUNDE understood the jurisdiction would be determined by              
the court in the area of residency at the time custody was                     
originally granted, so if someone from this country goes to another            
country and wants a revision of the custody, which is not unusual              
in a kidnaping, we are asking that not only other countries listen             
to our courts, but more importantly that other states will adopt               
the Uniform Child Custody Jurisdiction and Enforcement Act and will            
not revise a custody order that was entered into in the state of               
Alaska.                                                                        
                                                                               
Number 0230                                                                    
                                                                               
REPRESENTATIVE TOM BRICE said he did not see this as an abrogation             
of our judiciary responsibilities, but rather a question of                    
building those responsibilities and giving the Alaska Court System             
the authority to work outside its parameters.  For example, a case             
was brought up at the Domestic Violence Conference in December,                
whereby a woman whose ex-husband and father of her children was                
from Greece.  The ex-husband had weekend custody and fled to Greece            
with the children.  There was no way for the Alaska courts or the              
State Department to communicate with the appropriate Greek                     
officials to retrieve those children.   He recognized this                     
legislation may not give absolute certainty in those types of                  
cases, but it could go a long way toward reaching appropriate                  
resolution.                                                                    
                                                                               
Number 0333                                                                    
                                                                               
CHAIRMAN BUNDE shared Representative Vezey's concern about                     
international courts, but hopefully, with all the states seeking               
resolution, there will be a reduction in individuals fleeing to                
another jurisdiction.  He asked Deborah Behr from the Department of            
Law if she had any comments.                                                   
                                                                               
Number 0361                                                                    
                                                                               
DEBORAH BEHR, Assistant Attorney General, Legislation and                      
Regulations Section, Civil Division, Department of Law; and Uniform            
Law Commissioner for the state of Alaska, commented this                       
legislation addresses those very concerns expressed by                         
Representative Brice where individuals have legitimate orders that             
are entered by a state court and the absent parent either takes the            
child or doesn't return the child in violation of the order.  There            
is no easy or inexpensive way to get the child back.  She pointed              
out the Uniform Child Custody Jurisdiction and Enforcement Act has             
been reviewed and undergone hearings for two years at the national             
level.                                                                         
                                                                               
Number 0424                                                                    
                                                                               
REPRESENTATIVE PORTER said his initial concern about this                      
legislation was that he doesn't necessarily subscribe to the "one              
size fits all" theory, but what he likes is that other states who              
adopt this will recognize our custody orders and the problem of                
trying to deal with individuals who believe if they flee Alaska,               
the cost will prohibit retrieval of a child will be greatly                    
diminished.                                                                    
                                                                               
Number 0514                                                                    
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Brice,             
Dyson, Kemplen, Porter, Green and Bunde voted in favor of moving               
the bill.  Representative Vezey voted against it.  Therefore,                  
HB 335 moved from the House Health, Education and Social Services              
Standing Committee by a vote of 6-1.