§ 19-9-44.Child custody determinations of foreign country
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 1. General Provisions · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-44
Plain-English Summary
This section brings custody disputes with other countries inside the UCCJEA. A Georgia court must treat a foreign country as if it were a state of the United States for purposes of Part 1 (general provisions) and Part 2 (jurisdiction). So a foreign country can be a child’s home state, and its courts can hold jurisdiction just as another state’s would.
A custody determination made in a foreign country, under factual circumstances in substantial conformity with the UCCJEA’s jurisdictional standards, must be recognized and enforced in Georgia under Part 3, the enforcement provisions. That obligation has one stated exception.
Under subsection (c), a Georgia court need not apply the article at all if the child custody law of the foreign country violates fundamental principles of human rights. The test looks at the foreign country’s custody law, and the court “need not” apply the act — a matter of discretion rather than a command. This section has not been amended since 2001.
Frequently Asked Questions
Will a Georgia court enforce a custody order from another country?
Generally, yes. A custody determination made in a foreign country under factual circumstances in substantial conformity with the UCCJEA’s jurisdictional standards must be recognized and enforced under Part 3 of the act. The exception is in subsection (c), for countries whose custody law violates fundamental principles of human rights.
Can a foreign country be a child’s home state under Georgia’s UCCJEA?
Yes. A Georgia court must treat a foreign country as if it were a state of the United States when applying Part 1 and Part 2 of the act. So if a child lived in another country for the six-month home-state period defined in § 19-9-41, that country can be the home state.
When can a Georgia court refuse to apply the UCCJEA to a foreign country?
When the child custody law of the foreign country violates fundamental principles of human rights. In that case, a Georgia court need not apply the article. The language is permissive, so the court decides whether to invoke the exception. As written, the test asks whether the foreign country’s child custody law itself violates those principles.
Do I need a separate Georgia case to enforce a foreign custody order?
Enforcement runs through Part 3 of the UCCJEA, which begins at § 19-9-81. This section says a qualifying foreign custody determination must be recognized and enforced under that part, so Part 3’s procedures govern how you ask a Georgia court to enforce it.
Must Georgia enforce a foreign custody order if the foreign court lacked proper jurisdiction?
Not under this section’s enforcement rule. The duty to recognize and enforce reaches a foreign custody determination made under factual circumstances in substantial conformity with the UCCJEA’s jurisdictional standards. An order made on facts that do not meet those standards falls outside that duty, and whether the facts conform is a question for the Georgia court.
Amendment History
Laws 2001, p. 129, § 1.