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.