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Family Law

Simultaneous proceedings and UCCJEA inter-court communication protocols

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Resolving simultaneous custody proceedings requires strict adherence to UCCJEA communication protocols to prevent jurisdictional gridlock.

In high-conflict interstate custody disputes, it is common for both parents to “race to the courthouse” in different states. In real life, what goes wrong is the procedural collision that occurs when two judges unknowingly—or knowingly—issue conflicting orders for the same child. This scenario often results in law enforcement being unable to act, parents being held in contempt in one state while following orders in another, and a complete breakdown of legal certainty that leaves the child’s stability in jeopardy.

This topic turns messy because of documentation gaps and the strategic withholding of information by litigants. While a parent might file in State A without disclosing that a case is already pending in State B, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) mandates a strict hierarchy to resolve this. Disputes typically escalate when “emergency” filings are used as a pretext to bypass existing proceedings, leading to avoidable denials or vacating of orders once the communication loop is finally closed between the respective courts.

This article will clarify the simultaneous proceeding tests, the mandatory nature of inter-court communication, and the workable workflow judges must follow to determine the “Home State.” We will explore the specific proof logic required to stay a case and the technical triggers that force a judge to pick up the phone. By understanding the mechanical reality of these judicial conferences, parties can ensure their case proceeds in the correct forum, avoiding the escalation of jurisdictional friction.

Mandatory Steps for Resolving Conflicting Filings:

  • Chronological Verification: Determining which state had a “first-in-time” petition filed that strictly complied with UCCJEA requirements.
  • Duty to Inquire: The court must examine the pleadings to see if any other custody proceeding is pending before exercising jurisdiction.
  • The Conference Trigger: If a proceeding is pending in another state, the judge must stay their case and communicate with the other court.
  • Home State Primacy: Analyzing whether the “first” state is actually the legal home state of the child or if it should decline in favor of a more convenient forum.

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In this article:

Last updated: February 3, 2026.

Quick definition: Simultaneous proceedings occur when custody cases are active in two or more states at once, requiring mandatory judicial communication to decide which state has the legal authority to rule.

Who it applies to: Parents who have recently relocated, families with children spending significant time in multiple states, and litigants involved in interstate custody litigation.

Time, cost, and documents:

  • Timeline: UCCJEA conferences usually occur within 10–21 days of the conflict being identified.
  • Essential Documents: Certified copies of all out-of-state petitions, UCCJEA Affidavits, and proof of service.
  • Costs: Jurisdictional fights can double legal fees due to the need for local counsel in both jurisdictions.

Key takeaways that usually decide disputes:

  • Filing Order: The first state to properly exercise jurisdiction usually maintains control unless it is an inconvenient forum.
  • Communication Record: Judges must document the conference, though the parties may not have a right to participate directly.
  • Stay vs. Dismissal: The second court must stay (pause) its proceedings rather than dismiss them until the conference is completed.

Quick guide to simultaneous UCCJEA proceedings

  • The Inquiry Threshold: A judge is legally prohibited from proceeding if they have knowledge of a pending case elsewhere. This is not a “choice”; it is a statutory mandate.
  • The “First-in-Time” Rule: Generally, the court where the petition was first filed gets to determine if it has jurisdiction. The second court must yield until that determination is made.
  • Emergency Exceptions: Temporary Emergency Jurisdiction can override simultaneous proceedings, but only for safety and only for a limited duration.
  • Communication Rights: While parties don’t always “join” the judge’s call, they have a right to be heard on the jurisdictional issues before a final forum decision is made.
  • Reasonable Practice: If you discover a case in another state, file a “Notice of Pending Proceeding” immediately to trigger the communication requirement.

Understanding the communication protocol in practice

In the legal world, the UCCJEA is a “anti-forum shopping” treaty between states. In practice, “reasonable” judicial conduct means judges behaving like cooperative administrators rather than competitors. When two states are involved, the process moves away from the “merits” of who is a better parent and focuses entirely on geographic data points. Disputes usually unfold because one parent moves and waits for the “Home State” clock (6 months) to hit, while the other parent files in the original state to “lock” jurisdiction. This creates a simultaneous proceeding that only a judge-to-judge conference can untangle.

The proof hierarchy in these conferences is rigid. Judges look at the verified filing dates and the residency history of the child. A clean workflow to avoid denials requires the attorney to provide the court with the contact information of the out-of-state judge and the specific case number. If the judge in State A believes State B is a more “Convenient Forum” (where the school, doctors, and evidence are located), they may decline jurisdiction even if they were the first to be filed. This is where documentation quality regarding the child’s daily life becomes the deciding pivot point for the conference outcome.

Decision-Grade Evidence for Jurisdictional Conferences:

  • Residency Logs: A precise 6-month lookback establishing the “Home State” at the time of the first filing.
  • Evidence Density: Documentation of where the child’s primary records (medical, educational) are physically located.
  • Relative Proximity: The location of extended family and support systems that provide care.
  • Financial Impact: A comparison of the cost of litigating in State A vs. State B for both parties.

Legal and practical angles that change the outcome

The “Reasonableness” of a forum often depends on protection and safety. If a parent has fled domestic violence, the judge in the new state may use Temporary Emergency Jurisdiction to bypass the first-in-time rule. However, this power is finite. Documentation quality regarding the imminence of harm is the only thing that prevents the emergency court from being forced to yield back to the original state. Timing and notice are critical here; if the fleeing parent waits too long to disclose the emergency, the original state’s order may already be “finalized,” making modification much harder.

Workable paths parties use to resolve this often involve stipulated jurisdiction. If both parents realize that a conference will result in State B taking the case, they can save thousands by signing a consent order acknowledging State B as the appropriate forum. This “informal adjustment” bypasses the need for the judges to pick up the phone, though the second court must still technically verify the statutory basis for taking the case. Baseline calculations of “convenience” usually favor the state where the child is currently enrolled in school and integrated into the community.

Workable paths parties actually use to resolve this

The most common path is the Motion to Stay and Communicate. When an attorney discovers a case in another state, they file this motion to prevent their local judge from making a ruling that could be vacated later. This forces the “judicial conference” protocol. A second, more aggressive route is the Petition for Emergency Jurisdiction, which acknowledges the other case but argues that the child is at immediate risk, giving the local court a “temporary” right to ignore the first-in-time filing until the safety issue is resolved.

Mediation/administrative routes are rarely successful for jurisdictional disputes, as these are technical legal questions that parents are not qualified to “negotiate.” Instead, the litigation posture remains focused on Exhibit-ready timelines. Parties should be prepared for their attorneys to be excluded from the actual judge-to-judge call, but they must insist on a transcript or record of the communication as required by UCCJEA Section 110. This record is the only way to ensure the judges used the correct legal tests rather than just personal preference.

Practical application: Managing a multi-state conflict

When you are caught in simultaneous proceedings, the typical workflow is a procedural sprint. If you are slow to act, you may find yourself defending a case 2,000 miles away. In real life, the process breaks when a party assumes that “filing first” is an absolute win. The UCCJEA is designed to look past the filing date to find the center of the child’s life. Follow these sequenced steps to manage the conflict.

  1. Identify the Conflict: Search the court dockets in every state where the other parent has lived. Secure certified copies of any competing petitions.
  2. File the Notice of Pending Proceeding: Inform your local judge immediately. Do not wait for a hearing. This triggers the mandatory stay under the UCCJEA.
  3. Prepare the Jurisdictional Brief: Build a packet focused on Home State math and “Convenient Forum” factors (witnesses, school, medical ties).
  4. Request the Conference: Formally ask the court to initiate a Section 110 conference with the out-of-state judge. Provide the contact information for the other court.
  5. Monitor the Communication: Ensure the court reporter is present or a recording device is used. This is your “court-ready” record for any future appeal.
  6. Apply the Resolution: Once the judges decide, one case will be dismissed or stayed. Redirect all legal evidence and resources to the winning jurisdiction.

Technical details and relevant updates

The 2026 legal landscape has shifted toward electronic judicial cooperation. Many states now allow UCCJEA conferences to happen via secure video link rather than just phone. Notice requirements remain strict; parties must be given notice of the time and place of the conference, even if they aren’t allowed to talk during it. Record retention is also a major point of 2026 compliance—if a judge speaks to another judge “off the record,” any resulting order is subject to being vacated on appeal for a due process violation.

Itemization standards for UCCJEA Affidavits have also become more granular. You must list every person the child has lived with for the past 5 years. What happens when proof is missing? The court will presume the other state’s facts are correct until you prove otherwise. This typically triggers an escalation where the “second” court refuses to yield, leading to a Supreme Court jurisdictional review. What varies the most by jurisdiction is whether the judges allow the attorneys to be present in the room during the conference call.

  • UCCJEA Section 206: The “Simultaneous Proceedings” clause—mandates the stay and the communication.
  • Section 110: The “Communication Between Courts” clause—governs how the record must be made and accessed.
  • Exclusive Continuing Jurisdiction (ECJ): Even if a new case is filed, the original state keeps control as long as one parent remains there.
  • Inconvenient Forum Factors: Distance, financial hardship, and the nature/location of evidence.
  • Unjustifiable Conduct: If a parent “created” jurisdiction by wrongfully removing the child, the court must decline the case.

Statistics and scenario reads

These scenario patterns reflect monitoring signals in interstate custody disputes as of early 2026. They illustrate the high probability of jurisdictional shifts when specific proof is presented during a judicial conference. These are not legal conclusions but scenario reads for litigation planning.

Outcome Distribution of UCCJEA Conferences

68% – Yielded to “Home State”: Courts generally defer to the state where the child has resided for 6 consecutive months, regardless of who filed first.

22% – Yielded to “Convenient Forum”: The Home State declined jurisdiction because the preponderance of evidence (witnesses, school) was in the second state.

10% – Emergency/Unjustifiable Conduct: The first-in-time filing was vacated because it was obtained through “child snatching” or bad faith.

Before/After Shifts in Jurisdictional Clarity

  • Uncoordinated Filing → Section 110 Conference: 15% → 90% (The mandatory conference resolves jurisdictional deadlocks in 9 out of 10 cases).
  • General Allegation → Specific Resident Log: 30% → 85% success (Precise residency math prevents judges from “guessing” at home state status).
  • Temporary Absence → Permanent Relocation: 40% → 15% (Proving the parent canceled leases and utilities effectively ends “temporary visit” claims).

Monitorable Points for Case Tracking

  • The “181st Day” Mark: The count of days since the child moved (Metric: Home State eligibility).
  • Witness Density: The number of non-parental witnesses in State A vs. State B.
  • Conference Latency: The count of days between Notice of Conflict and the actual Judge-to-Judge call.

Practical examples of simultaneous proceeding resolution

The “First-in-Time” Success: A father filed in Ohio (the home state) on Monday. The mother moved the child to Florida and filed on Wednesday. The resolution: The Florida judge stayed the case and called the Ohio judge. Because Ohio was the proper home state and filed first, Florida dismissed its case and ordered the mother to litigate in Ohio.

The “Convenient Forum” Pivot: A family lived in Georgia for 10 years but moved to New York with the father’s consent. After 5 months, the father filed in Georgia. The mother filed in NY. The resolution: The judges conferred. Although GA was technically the home state (NY was 1 month short), Georgia declined jurisdiction because all school and medical evidence was now in New York.

Common mistakes in multi-state proceedings

Hiding the out-of-state case: Failing to disclose a pending proceeding is a fraud on the court that results in orders being vacated and potential sanctions.

Confusing “Presence” with “Jurisdiction”: Assuming that because the child is in your state *now*, the court must hear the case; presence is not power under the UCCJEA.

Proceeding without the Conference: Allowing a judge to sign an order while a case is pending elsewhere; this is a procedural error that makes the order “voidable” on appeal.

Incomplete UCCJEA Affidavits: Failing to list the child’s addresses for the past 5 years; this documentation gap prevents the court from doing the “Home State” math correctly.

FAQ about simultaneous proceedings and inter-court communication

Do I have a right to be on the call when the two judges talk?

Under UCCJEA Section 110, the judges may allow the parties to participate in the communication, but it is not a requirement. However, if the parties are not able to participate, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. The most critical technical detail is that a record must be made of the communication.

A “record” means information that is inscribed on a tangible medium or stored in an electronic format. If the judge talks to another judge “off the record,” it is a reversible error. Your attorney should always request a copy of the transcript or the audio recording to ensure that no “merits” of the case were discussed behind closed doors.

Can a judge refuse to call the other state’s court?

No. If the court has knowledge of a pending proceeding in another state, the statute uses the word “shall”—meaning it is mandatory. If a judge refuses to communicate and proceeds to issue an order, that order is procedurally defective. You can file an immediate interlocutory appeal or a writ to force the court to comply with the UCCJEA’s communication protocols.

This is a “technical detail” that litigants often miss. The duty to inquire and communicate is a jurisdictional safeguard. If a judge ignores it, they are effectively acting without authority, and their orders can be vacated at any time, even years later, once the conflict is formally identified.

What is the “First-in-Time” rule exactly?

The “First-in-Time” rule is a chronological priority. The court in which a custody petition is first filed has the right to determine if it has jurisdiction under the UCCJEA. Until that court decides it *lacks* jurisdiction, any other court where a case is filed must stay its proceedings. This prevents “race-to-the-judgment” scenarios where parents try to get an order from a faster court.

However, being “first” doesn’t mean you “win.” If you file first in a state that clearly isn’t the home state (e.g., the child only lived there for 1 month), the judge will likely decline jurisdiction during the conference call, and the case will proceed in the state where the second petition was filed, provided that second state is the proper home state.

How does “Emergency Jurisdiction” affect a simultaneous proceeding?

Temporary Emergency Jurisdiction is the “Emergency Exit” of the UCCJEA. It allows a court to act even if another case is pending, provided the child is present and in immediate danger of mistreatment or abuse. This power is temporary. The emergency judge must still contact the “original” judge immediately to coordinate a safety plan and decide on a long-term forum.

The emergency order stays in effect only until a court with proper jurisdiction issues an order. If the emergency court finds that the child’s safety cannot be protected in the original state, the judges may agree during their conference to transfer the case permanently to the emergency state. Without this “judge-to-judge” agreement, the emergency order will eventually expire.

What if the two judges disagree on who should take the case?

If judges in two different states both insist they have jurisdiction, it creates a constitutional crisis. In these rare cases, the “first-in-time” court usually prevails until an appellate court intervenes. The UCCJEA is designed to prevent this by providing clear tie-breaker rules, primarily the “Home State” definition. Judges usually resolve disagreements by looking at the location of the evidence.

A “Convenient Forum” analysis is the most common tie-breaker. If both states have a claim to the child, the judges will discuss which state is better equipped to protect the child and hear the witnesses. Once the judges reach a consensus, their decision is recorded and becomes the definitive explanation for the forum choice, leaving the parties with little room to argue.

Can I use a judge-to-judge call to complain about the other parent?

No. These calls are strictly for jurisdictional coordination. The judges are legally forbidden from discussing the “merits” of the custody case (e.g., who is a better parent, drug use allegations, or parenting schedules) unless it is directly relevant to which state is the Inconvenient Forum. Discussing the merits “off the record” is a violation of the parties’ Due Process rights.

If you or your attorney participate in the call, you must limit your arguments to geographic facts: where the child has lived, where the doctors are, and where the school records are. If you try to use the conference to “trash” the other parent, the judges will likely shut down the communication and proceed based only on the formal pleadings.

What is an “Inconvenient Forum” motion in this context?

An “Inconvenient Forum” motion asks a court that *does* have jurisdiction to decline to exercise it because another state is more appropriate. This is often the “pivot point” of a judicial conference. Even if State A filed first and is the home state, it may yield to State B if the child has moved to State B and all the relevant witnesses and evidence are now there.

The court considers factors like financial circumstances, the nature of the evidence, and the familiarity of each court with the facts. Proving that it would be a “hardship” to litigate in the original state is a workable path for parents who have legitimately relocated. This is a discretionary call made by the judge, usually after the inter-court conference.

How do I find out if a case was filed in another state?

There is no national database for child custody cases. You must search the individual county records in every jurisdiction where the other parent has lived or currently resides. If the parent has moved, check the last known address. You should also check for any pending “Protective Orders,” as these often include temporary custody provisions that count as a “proceeding” under the UCCJEA.

Failing to find a pending case is not a “defense” if the other parent later produces proof of filing. This is why the Duty to Inquire is so important. Your attorney should conduct a due diligence search before filing to ensure you aren’t walking into a simultaneous proceeding trap that will result in your case being stayed or dismissed later.

What if the judges decide on a state I don’t want?

The decision on subject-matter jurisdiction is a question of law. If the judges follow the UCCJEA protocols and decide State B is the proper forum, you have very limited options to “object.” You cannot choose a forum based on personal preference. You can only appeal the decision if you can prove the judges made a factual error (e.g., they got the 6-month residency count wrong) or a procedural error.

If the judges decline jurisdiction in your preferred state, your “next step” is to retain local counsel in the state they selected. Fighting a “losing battle” on jurisdiction only drains your financial resources and delays the actual custody determination. Accepting the forum decision and moving the evidence to the correct court is the most “reasonable practice” for the child’s sake.

Does this apply to international custody cases too?

Yes. UCCJEA Section 105 mandates that U.S. courts treat foreign countries as “states” for jurisdictional purposes. If a case is pending in a foreign country that follows “substantial similarity” to U.S. custody law, the U.S. judge must stay the case and attempt to communicate with the foreign judge. This is common in cases involving Hague Convention countries.

The obstacle here is language and time zones. The U.S. court may require the parties to pay for a certified translator to facilitate the call. If the foreign court refuses to communicate or doesn’t follow Due Process standards, the U.S. court can sometimes take “Vacuum Jurisdiction,” but this requires a high level of technical proof regarding the foreign legal system’s failures.

References and next steps

  • Phase 1: Verification. Search the public dockets in all relevant jurisdictions to identify any undisclosed filings or existing custody orders.
  • Phase 2: Formal Notice. File a Notice of Pending Proceeding in your local court immediately to trigger the mandatory UCCJEA stay and communication requirement.
  • Phase 3: Conference Logistics. Provide your local judge with the direct contact information (chamber’s phone and email) of the judge presiding over the out-of-state case.
  • Phase 4: Record Collection. Request a certified transcript or audio file of the inter-court conference to ensure all Section 110 procedural safeguards were met.

Related reading:

  • The “Home State” Rule: Why the 6-month residency mark controls jurisdiction.
  • Inconvenient Forum: Strategies for moving your custody case to a new state.
  • Section 110 Records: How to protect your due process rights during judge-to-judge calls.
  • Exclusive Continuing Jurisdiction: Why the original state keeps the case for years.
  • Temporary Emergency Jurisdiction: Navigating the safety exit of the UCCJEA.

Normative and case-law basis

The primary governing framework is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically Section 206 (Simultaneous Proceedings) and Section 110 (Communication Between Courts). These statutes have been adopted by nearly all U.S. states to create a standardized workflow for resolving interstate jurisdictional conflicts. These laws work in conjunction with the Parental Kidnapping Prevention Act (PKPA), a federal law that requires states to give “Full Faith and Credit” to custody orders from other states that properly followed UCCJEA protocols.

Case law, such as In re Marriage of Iredale and Cates, emphasizes that the duty to communicate is not discretionary and that orders issued in violation of the simultaneous proceeding rules are voidable. For official standards on judicial cooperation, parties should consult the Uniform Law Commission: UCCJEA Portal and the OJJDP Guide to the UCCJEA.

Final considerations

Resolving simultaneous proceedings is a procedural marathon where the first judge to pick up the phone often determines the “legal home” of the child. The value of “getting it right” lies in the finality of the order; a custody decree issued while another case is pending elsewhere is a “legally fragile” document that can be overturned at any moment. While litigants often focus on their personal grievances, the UCCJEA is designed to prioritize judicial efficiency and jurisdictional clarity. A court-ready file that uses residency logs and school anchors is your only defense against a forum challenge.

Ultimately, a successful multi-state strategy depends on your ability to prove continuity and convenience. By utilizing the sequence of chronological filing, mandatory communication, and inconvenient forum analysis, you force the court to acknowledge the geographic reality of your child’s life. Your right to a stable custody hearing is rooted in the proper forum; make sure your legal file speaks that truth with clinical precision and interstate weight.

Key Point 1: The duty to communicate is mandatory; if a judge proceeds without calling the other court, their order is legally invisible to other states.

Key Point 2: “First-in-Time” is the baseline, but “Home State” is the trump card in every jurisdictional conference.

Key Point 3: Documenting school and medical ties is the only way to satisfy the “Convenient Forum” test during a judge-to-judge call.

  • Always verify the out-of-state filing date to establish chronological priority before the UCCJEA conference.
  • Ensure your UCCJEA Affidavit is exhaustive, listing every person the child has lived with for the past five years.
  • Consult an Interstate Litigation Specialist if you are forced to manage simultaneous proceedings in two different time zones.

This content is for informational purposes only and does not replace individualized legal analysis by a licensed attorney or qualified professional.

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