Mace v. Mace

I regret that I must dissent in this case. I believe that the majority has misread and misapplied the provisions of the Nebraska Child Custody Jurisdiction Act, Neb. Rev. Stat. §§ 43-1201 et seq. (Cum. Supp. 1982), and as a result has effectively repealed the act.

As noted by the majority, the act was promulgated by the National Conference of Commissioners on Uniform State Laws. An examination of its notes to the act are extremely helpful in understanding the intent and purpose of the act. (See Uniform Child Custody Jurisdiction Act, Commissioners’ Note, 9 U.L.A. 151 (1979).)

Contrary to the…