Press Room

New law supports safety and well-being of children, brings national uniformity to child custody cases

(BOSTON—10/7/2024) Today, the Massachusetts Senate passed legislation to simplify and modernize child custody jurisdiction laws in the Commonwealth.

 An Act relative to the Uniform Child Custody Jurisdiction and Enforcement Act would simplify custody jurisdiction laws and bring Massachusetts into conformity with other states around the country. By so doing, the Commonwealth would be creating a more streamlined process for families going through challenging times while supporting the safety and well-being of children who find themselves in custody challenges.

Under the new law, clear rules would be established for multi-state custody cases, prioritizing the home state of the child and ensuring Massachusetts courts can work effectively with courts in other states nationally and in other countries for international child custody orders. Going forward, once Massachusetts courts have exercised jurisdiction over custody, those courts would maintain jurisdiction over potential changes in the judgment or order, so long as a parent or the child remain in state. This will prevent forum shopping and competing lawsuits in multiple jurisdictions.

“Today’s legislation aims to simplify a process that is already difficult for children and families,” said Senate President Karen E. Spilka (D-Ashland). “Bringing Massachusetts in line with other states nationally will enhance the wellbeing of people going through this process and give families clarity in their path forward. I’m grateful to Majority Leader Creem for her continued advocacy for this legislation, and to Chair Rodrigues and Chair Eldridge for their support.”

“I’m proud that the Massachusetts Senate passed my legislation to bring Massachusetts in line with the rest of the nation by enacting the Uniform Child Custody Jurisdiction and Enforcement Act, better known as UCCJEA,” said Senate Majority Leader Cynthia Stone Creem (D-Newton), lead sponsor of the legislation. “This legislation will provide more certainty and uniformity for families involved in difficult child-custody cases and will protect the jurisdiction and integrity of Massachusetts court custody decisions. I am grateful to have the support of the Boston Bar Association, the Massachusetts Bar Association, and the Massachusetts chapter of the American Academy of Matrimonial Lawyers behind this important bill.”

“I’m pleased the Senate is establishing uniformity and a clear set of standards regarding child custody jurisdiction by now adhering to the federal Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which every other state has adopted,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “This bill eliminates jurisdictional disputes between states and will greatly reduce delays in enforcement by prioritizing the home state of a child in question. With the passage of this legislation, the Commonwealth will now be able to work more effectively with probate courts in all other states to ensure the best safety and welfare of a child in custody jurisdictional conflicts. I thank Leader Creem for bringing this important legislation forward.”

“I am pleased that the Senate has passed Majority Leader Creem’s bill S.2754, An act relative to the Uniform Child Custody Jurisdiction and Enforcement Act, which I was proud to report favorably out of the Joint Committee on the Judiciary,” said Senator Jamie Eldridge (D-Marlborough), Senate Chair of the Judiciary Committee. “This long-overdue legislation will increase parental involvement in children’s lives and facilitate better communication in family and probate matters, ultimately serving the child's best interests.”

The standard was established under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), drafted in 1997 by the National Conference of Commissioners on Uniform State Laws. If passed, Massachusetts would join all other states in adopting the uniform laws.

The law would bring enhanced transparency and ease-of-access to the custody jurisdiction process, by specifying notice requirements for hearings and enforcement actions, and allowing parties in child custody proceedings to participate by telephone, audiovisual, or other electronic means.

S.2754 was sponsored by Majority Leader Cynthia Stone Creem and was reported favorably from the Senate Committee on Ways and Means. The vote of the committee is public and is available on the Legislature’s website.

The Senate has twice previously passed a version of this legislation, in 2016 and in 2018.

Having been passed by the Senate, the legislation will now be sent to the House of Representatives for consideration.

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