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SHUTE v. SHUTE

No. 89-449.

607 A.2d 890 (1992)

Karen L.C. SHUTE v. C. Denny SHUTE.

Supreme Court of Vermont.

April 3, 1992.

Attorney(s) appearing for the Case

Robert Halpert and C. James Mathis, Law Offices of Kurrle and Halpert, Montpelier, for plaintiff-appellee.

Leslie E. Black and Graham Hayes Govoni, Law Clerk (on the brief), Johnson, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

JOHNSON, Justice.

We decide today that the jurisdictional requirements of the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A, preempt the Uniform Child Custody Jurisdiction Act (UCCJA), 15 V.S.A. §§ 1031-1051, when these acts are in conflict. Therefore, unless a child custody decree is in compliance with the Parental Kidnapping Prevention Act, the trial court lacks subject matter jurisdiction to modify or enforce its original decree.<...

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