MCCJA vs. UCCJEA – the Appeals Court Speaks!

All those following the movement to replace the MCCJA with the UCCJEA may be interested in Adoption of Twyla, No. 23-P-664, 2024 WL 340387, at *7(Mass. App. Ct. July 15, 2024).  There are too many facts and circumstances to fit within a post, but the gist is that a Juvenile Court judge exceeded the only jurisdictional authority that could have existed in real time (to make emergency orders) and the child's ultimate fate

remains sadly uncertain (the decree terminating the Mother's parental rights was vacated as was the order granting permanent custody of Twyla to DCF-the judge who exceeded authority was instructed to order DCF to work with the appropriate authorities/agencies in New York to "initiate" their own investigation into Twyla's welfare).

The NOTEWORTHY OBSERVATION appears at Note 9: "While the UCCJESA and the MCCJA generally have similar provisions, they differ in some potentially important particulars.  In light of the critical need for interstate coordination on child custody issues, the (Massachusetts) Legislature might want to consider adopting the UCCJEA .  Cf. People ex rel. S.A.G. v. B.A.G., 487 P. 3d 677, 688 (Colo. 2021) (noting ability of the States that have adopted UCCJEA to make certain direct requests for action by judges in other States "anywhere but Massachusetts")."

There is also interesting dicta on whether subject matter jurisdiction in complicated cases like this can be conferred or established nunc pro tunc (back to a point in time when it did not exist).