subject: Massachusetts Essex Division Probate Family Child Custody Decline Jurisdiction Support Lawyers Attorneys [print this page] ELAINE HILLER vsELAINE HILLER vs. CRAIG HILLER.
APPEALS COURT OF MASSACHUSETTS
August 6, 1996, Argued
October 17, 1996, Decided
On January 4, 1996, the father filed a "Petition for Dissolution of Marriage and Other Relief" in the Circuit Court of the Twentieth Judicial Circuit, Collier County, Florida, requesting, inter alia, that the Florida court exercise jurisdiction over issues of child custody and support pursuant to Fla. Stat. 61.1308(1)(a)(2) & (1)(b), the Uniform Child Custody Jurisdiction Act enacted in Florida. The mother filed the present Massachusetts complaint for custody and support on March 12, 1996, and the father moved to dismiss that complaint on March 26, 1996. A Probate Court judge denied the father's motion and entered a temporary order granting custody of the children to the mother and ordering that the childrennot be removed from Massachusetts. A single justice of this court granted the father's petition to file an interlocutory appeal from the order denying the motion to dismiss, and the father appealed.
Issue:
Whether the trial court erred in denying the father's Motion to dismiss due to lack of Jurisdiction?
Here, the Probate Court was the second court called upon to adjudicate a custody dispute, and thus it must satisfy the jurisdictional demands of the PKPA. The Florida judge made a custody determination consistent with 1738A(a) of the PKPA, and expressly requested that the Probate Court defer its exercise of jurisdiction. The Florida court has continuing jurisdiction if it satisfies the jurisdictional requirements of both the PKPA and its State law. Although the children no longer lived in Florida on April 25, 1996, the Florida court's exercise of jurisdiction continued under 1738A(c)(2)(A) & (E), (d) of the PKPA because the father remained in Florida. The Florida judge found that Florida was the home State of the children, and that the Florida court had jurisdiction. Implicit in this is the Florida judge's acceptance of the father's version of the facts. We regard this finding as dispositive under Florida law. The Probate Court may not exercise jurisdiction by virtue of 1738A(g) of the PKPA which provides that "a court of a State shall not exercise jurisdiction in any proceeding for a custody determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody determination
The order dated April 26, 1996, denying the defendant's motion to dismiss or to decline jurisdiction is reversed. A judgment is to enter dismissing the action for lack of jurisdiction.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
Massachusetts Essex Division Probate Family Child Custody Decline Jurisdiction Support Lawyers Attorneys
