118 results for 'cat:"Family Law" AND cat:"Jurisdiction"'.
J. Pena finds that the lower court properly terminated the mother's parental rights to her children. On appeal, the mother challenges the lower court's jurisdiction based on the commencement of the trial, but the trial began "before the new dismissal date." Also, the evidence shows that the "children's current caregivers were meeting their basic needs" and that the mother had "failed to shield them from domestic violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 29, 2024, Case #: 13-23-00362-CV, Categories: Evidence, family Law, jurisdiction
J. Mollway dismisses injunctive and declaratory relief for a mother and grandmother who say their children were wrongfully removed from their care while the mother was incarcerated. Custody of the children remains pending in state family court, and nothing prevents the mother and grandmother from bringing their claims in that court, precluding the federal court’s involvement. Claims for damages, however, are stayed pending the state court proceedings.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:23cv578, NOS: Civil Rights - Habeas Corpus, Categories: family Law, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the father's petition for a writ of prohibition against the common pleas court judge. Under Ohio law, a common pleas court has jurisdiction over custody and visitation rights involving juveniles, including the one filed by the maternal grandmother in this case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 18, 2024, Case #: 2024-Ohio-135, Categories: family Law, Judiciary, jurisdiction
[Consolidated] J. Funke finds the court of appeals properly dismissed the state's appeal of a custody case for lack of jurisdiction. The juvenile court entered an order transferring the Oglala Sioux family's parental termination cases to the tribal court. Though the state argues the juvenile court must have the consent of the tribal court first, the order itself is not final or appealable.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 12, 2024, Case #: S-23-234, Categories: family Law, Native Americans, jurisdiction
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J. Love finds that the trial court properly granted a mother's motion to transfer the parties' custody dispute to the Texas Family Court. In this case, the mother and the child have relocated to Houston, and the majority of the potential witnesses live in Houston. Further, the father has a flexible work schedule and could travel to Texas more easily than the mother could travel to Louisiana. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 10, 2024, Case #: 2023-CA-0664, Categories: family Law, jurisdiction
J. Warner finds a lower court properly dismissed a foster parents' motion for permanent placement of a foster child. The foster parents argued that they are entitled to adopt an infant after serving as caregivers since birth. However, although the Department for Children and Families' caseworkers sufficiently showed in court that the infant may be best placed in a home with her biological siblings, the court lacks jurisdiction over post- termination decisions. Vacated.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: December 22, 2023, Case #: 126,025, Categories: family Law, jurisdiction
J. Gabriel finds the lower court termination of its jurisdiction over the child welfare case for the county's failure to prosecute precluded it from ruling on the ombudsman's request for production of an unredacted agency report; therefore, the court improperly disclosed the document, especially considering it dealt mainly with accusations of favoritism within the county's board of commissioners and was not relevant to the child welfare case. The ombudsman's request was entirely outside the scope of previous filings in the case and, therefore, did not deal with the court's continuing jurisdiction over already settled matters, which requires the ombudsman to destroy all copies of the report.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: December 4, 2023, Case #: 2023CO60, Categories: family Law, Public Record, jurisdiction
J. Edmon finds that the trial court properly terminated a mother's parental rights based on evidence she had left her infant daughter alone at a motel, not shown up for drug tests and not completed counseling. Also, she failed to preserve her challenge to Nevada relinquishing jurisdiction to California. Affirmed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: November 14, 2023, Case #: B326119, Categories: family Law, jurisdiction
J. Hoyle finds the trial court properly granted the ex-wife’s special appearance, dismissing the ex-husband’s suit seeking amendment of the divorce’s maintenance agreement entered in Colorado which requires him to make monthly payments to the wife. The husband filed suit in Texas, where he resides. The husband did not follow procedure for continuing a special appearance and the court properly refused additional jurisdictional discovery. The wife’s jurisdictional status in Colorado is established by her property interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: November 8, 2023, Case #: 12-23-00091-CV, Categories: family Law, Property, jurisdiction
J. Piersol denies a divorce lawyers' motion to dismiss claims from a husband who alleges that the lawyers violated his due process rights by "not informing him of any court action" and entering what he characterizes as "factually inaccurate hearsay evidence into the public record without any input from" him. However, the complaint is dismissed without prejudice for lack of subject matter jurisdiction.
Court: USDC South Dakota, Judge: Piersol, Filed On: November 6, 2023, Case #: 4:23cv4106, NOS: Other Civil Rights - Civil Rights, Categories: family Law, jurisdiction
J. Prince finds the trial court properly denied the ex-husband’s motion to clarify the status of a legal separation entered by an Oklahoma court. Though the couple reconciled and lived together for 18 months after the order was entered, when they moved to Texas and the order was revived by the Texas court when incorporated into an eventual divorce decree, the previous reconciliation did not void the order. The order of separation was extinguished in Oklahoma once incorporated into the Texas divorce decree. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: November 2, 2023, Case #: 120388, Categories: family Law, Due Process, jurisdiction
J. Lucas finds that the administrative law judge improperly held that the division of administrative hearings lacked jurisdiction to award retroactive child support because the legislature has authorized such in the event that the parent has lived with child before the child has turned 18 years old. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: November 1, 2023, Case #: 2D22-4083, Categories: family Law, jurisdiction
J. Emfinger finds the lower court improperly considered a modification of custody. The chancery court entered a Final Judgment of Modification and Contempt that awarded a father sole physical and legal custody of the parties’ minor child. Though the mother originally had physical custody of the child with the father having visitation, the father petitioned for, and was granted, emergency custody after the mother allegedly had legal and domestic issues that had the child living with the maternal grandparents. The father was ultimately awarded sole physical and legal custody of the child. While the instant court finds the lower court had jurisdiction over the matter, it also finds that it improperly limited the mother’s access to pertinent discovery materials from the guardian ad litem and should not have disallowed the mother’s request to allow the child to testify. The matter is remanded for further proceedings. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-CA-00600-COA, Categories: family Law, Due Process, jurisdiction
Per curiam, the Vermont Supreme Court finds the family court properly denied the husband’s motion for reconsideration of a previous order in this parental rights and responsibilities case. The court lacks jurisdiction to review the entry of order entered on that date because the father did not timely file the appeal. “The timely filing of a notice of appeal is a jurisdictional requirement,” and “we require strict adherence to deadlines for filing notices of appeal.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 16, 2023, Case #: 22-AP-331, Categories: family Law, jurisdiction
J. Wallis finds the Florida trial court made an error by ceding jurisdiction regarding custody matters for the former husband and former wife's child from Florida to Illinois. A finding by the Illinois court that Illinois was now the child's "home state" since he had moved there with the former wife does not create a reason under Florida statutes for the Florida court to cede its "exclusive, continuing jurisdiction" over the child's custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act. The trial court's denial of the former husband's motion for a re-hearing is reversed, and the case is remanded for the trial court to vacate its decision and reconsider jurisdiction under procedures laid out in the Act. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: October 13, 2023, Case #: 22-2632, Categories: family Law, jurisdiction
J. Hodge finds the superior court erred in its decision ordering the former husband to pay his former wife support including $350,000 in attorney fees, $7,500 in monthly cash alimony and $5,000 credit card access per month pending the remainder of their divorce litigation. Seeing as how the divorce proceeding is in such a late stage, as the petition for divorce was filed in 2016, a divorce decree was entered in February 2022 and the former wife petitioned for alimony and fees pending litigation for the first time in March 2022, the superior court did not have authority to award the alimony and fees, in part because its decree did not explicitly retain jurisdiction permitting a future claim for spousal support. The superior court's order is reversed, and the case is remanded for it to consider only the division of marital assets. Reversed.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: October 13, 2023, Case #: 2023 VI 12, Categories: family Law, jurisdiction
J. Zimmerer finds that the juvenile court properly waived jurisdiction and transferred the juvenile to criminal court on his capital murder charge that stems from his role in the robbery and murder of a victim at an apartment complex. There was sufficient evidence to show probable cause that the juvenile committed the alleged offense and that he should be certified as an adult. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 12, 2023, Case #: 14-23-00346-CV, Categories: family Law, jurisdiction, Juvenile Law
J. Perluss denies as moot the father’s appeal of the juvenile court’s removal of his children. The children were removed from the father and placed with their mother after the family services agency determined that the parents engaged in physical and verbal altercations in the presence of the children. Prior to the father’s filing, the juvenile court terminated its jurisdiction and issued joint legal and physical custody based on the parent’s mediated agreement. Neither the juvenile court or court of appeals has jurisdiction to hear the issues.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 9, 2023, Case #: B317838, Categories: family Law, jurisdiction, Guardianship
J. Jacquot finds the juvenile court erred by declaring subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). “Because Oregon was not [the child’s] home state on the date of the commencement of the proceeding…Oregon does not have home-state jurisdiction.” Vacated.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: October 4, 2023, Case #: A179157, Categories: family Law, jurisdiction
J. Slaughter denies a father's emergency petition and denies as moot his motion to pick up a child in a custody dispute between two Russian citizens. The mother asked for a divorce, the father refused, and the father beat the mother. The couple separated. The mother and child traveled to Mexico then crossed the border into the United States, where the mother requested political asylum. The father initiated this matter under the Hague Convention and the International Child Abduction Remedies Act. Because the child's habitual residence is the Russian Federation, the Hague Convention does not apply. Because the parents and child are all citizens and residents of the Russian Federation, the father's petition is dismissed for lack of subject matter jurisdiction.
Court: USDC Central District of California, Judge: Slaughter, Filed On: October 3, 2023, Case #: 8:23cv867, NOS: Other Statutory Actions - Other Suits, Categories: family Law, jurisdiction