In the UCCJEA as outlined in the attached picture, what is the difference between track 3 and track 4, circled in the picture? Why does track 3 require significant connection/substantial evidence and track 4 does not? Please explain.

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UCCJEA: Start here Track 1 122.21 Was Wisconsin the child's home YES NO state when the action was filed? Was INITIAL ORDERS Is Wisconsin the the child YES child's home state YES Does one parent or "person YES absent from within six months acting as a paren?" Wisconsin? before the still live in Wisconsin? NO case was filed? NO Track 3 62221(16) Does any other state have jurisdiction YES under the above rules? Track 5 822.21(d) NO Track 3 (a) Has child's home state declined jurisd. on ground of incon- venient forum or that a party en- gaged in unjustifiable conduct AND that court decided that Wise. is a more appropriate NO forum? No Track 4 822.21(c) Have ALL YES courts having juris- diction under Tracks 1,2& 3 declined jurisdiction on grounds Does a court of any other state have Do the child NO and at least one parent (or person acting as a parent] YES have a significant connection with Wisconsin, other than mere physical presence? of inconvenient forum or unjustifiable conduct AND have those courts all decided that 'Wisconsin YES is mere appropri NO ole forum? NO Wisconsin has jurisdiction to hear & decide the action. [822.21(1)(a) or (b)] YES Is substantial evidence about the child's care, protection, training & personal rela- tionships available in Wisconsin? Wisconsin has jurisdiction to hear & decide the action. [822.21(1)(c) or (d)] Is the child abandoned OR is it necessary in an NO Go to Decline Jurisdiction Chart UCCJEA: Start here Track 1 122.21 Was Wisconsin the child's home YES NO state when the action was filed? Was INITIAL ORDERS Is Wisconsin the the child YES child's home state YES Does one parent or "person YES absent from within six months acting as a paren?" Wisconsin? before the still live in Wisconsin? NO case was filed? NO Track 3 62221(16) Does any other state have jurisdiction YES under the above rules? Track 5 822.21(d) NO Track 3 (a) Has child's home state declined jurisd. on ground of incon- venient forum or that a party en- gaged in unjustifiable conduct AND that court decided that Wise. is a more appropriate NO forum? No Track 4 822.21(c) Have ALL YES courts having juris- diction under Tracks 1,2& 3 declined jurisdiction on grounds Does a court of any other state have Do the child NO and at least one parent (or person acting as a parent] YES have a significant connection with Wisconsin, other than mere physical presence? of inconvenient forum or unjustifiable conduct AND have those courts all decided that 'Wisconsin YES is mere appropri NO ole forum? NO Wisconsin has jurisdiction to hear & decide the action. [822.21(1)(a) or (b)] YES Is substantial evidence about the child's care, protection, training & personal rela- tionships available in Wisconsin? Wisconsin has jurisdiction to hear & decide the action. [822.21(1)(c) or (d)] Is the child abandoned OR is it necessary in an NO Go to Decline Jurisdiction Chart

Answer rating: 100% (QA)

Track 3 and Track 4 in the UCCJEA Uniform Child Custody Jurisdiction and Enforcement Act refer to di... View the full answer