118 results for 'cat:"Family Law" AND cat:"Jurisdiction"'.
J. Kim finds that a temporary judge who was appointed by stipulation lacked jurisdiction to rule that a husband had provided an accounting of stock that was the subject of their dissolution agreement. The wife withdrew her motion for an accounting prior to the termination date of the judge's appointment and the judge lacked jurisdiction to restore the accounting based on a motion the husband filed after the end of the appointment. Reversed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: July 21, 2023, Case #: B313469, Categories: family Law, jurisdiction
J. Do finds that the trial court properly applied the clear and convincing standard to determine that returning an eight-year-old child to her father's custody would jeopardize her physical safety. He repeatedly left the child unsupervised for extended periods of time, relying on the family dog to protect her, and she would be found roaming away from home at all hours. Also, his home was filthy, foul-smelling and had very little food. Affirmed.
Court: California Courts Of Appeal, Judge: Do, Filed On: July 20, 2023, Case #: D081568, Categories: family Law, jurisdiction
J. Cameron finds the trial court properly granted the mother sole legal and physical custody of the couple’s children. Though the couple originally met, married and had their children in California, when the marriage faltered the mother returned to her home state of Michigan and brought the children. Legal proceedings in both California and Michigan eventually led to the Michigan court ruling that the California court did not have jurisdiction, awarding the mother custody in Michigan. The California court lacked subject-matter jurisdiction because the children did not reside there in the six months preceding the father’s filing of the child custody petition in that state. This is also consistent with California precedent. Affirmed.
Court: Michigan Court of Appeals, Judge: Cameron, Filed On: July 20, 2023, Case #: 363362, Categories: family Law, jurisdiction, Guardianship
Per curiam, the Supreme Court of Ohio finds the lower court was not required to take judicial notice of documents attached to the mother's petition for a writ of prohibition in a custody case, as none of the attachments were authenticated or properly submitted to the court. As a result, there was no evidence to support the mother's petition to prevent the award of custody of her child to her father, and the court properly denied her petition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2023-Ohio-2344, Categories: family Law, jurisdiction
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Per curiam, the Supreme Court of Ohio denies an individual's request to enforce a writ of procedendo because such a ruling would essentially be an advisory opinion applicable to all future filings in his domestic relations case, a type of relief this court cannot grant. However, his motion to declare his ex-wife a vexatious litigator will be granted as a result of her repeated, frivolous filings with the trial court, all of which were made solely in an effort to deprive the court of jurisdiction and prevent it from enforcing the writ of procedendo previously granted by this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 2023-Ohio-2165, Categories: Civil Procedure, family Law, jurisdiction
J. Bright finds the lower court properly granted the mother's motion to change the parents' shared parenting plan. She filed her motion within days of the court's initial decision and, therefore, was properly treated as a motion to alter, rather than amend the agreement, and allowed the court to retain jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 29, 2023, Case #: AC45317, Categories: family Law, jurisdiction
J. Poissant finds that the juvenile court properly transferred the individual's case to the criminal district court for prosecution on the charge of aggravated sexual assault of his former stepsister. There was sufficient evidence to support the necessary findings for a waiver of the juvenile court's jurisdiction, specifically that the individual "could not be prosecuted in juvenile court before he turned eighteen years of age due to reasons beyond the control of the State of Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-23-00141-CV, Categories: family Law, jurisdiction, Juvenile Law
J. Moore partially grants the father's petition for a writ of mandamus, in which he challenges an order in the underlying custody dispute denying his motion to dismiss. The lower court is directed to reconsider the dismissal motion and to apply the Uniform Child Custody Jurisdiction and Enforcement Act in determining jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: CL-2023-0309, Categories: family Law, jurisdiction
J. McKeig affirms the Court of Appeals' decision that termination of the parental rights of a father convicted of an offense requiring registration as a predatory offender was proper. A juvenile court has subject-matter jurisdiction to terminate the parental rights of a presumed father, and conviction for a crime requiring predatory-offender registration is adequate grounds for termination of parental rights. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: June 21, 2023, Case #: A22-0589, Categories: family Law, jurisdiction
J. Chicchelly finds that a parent was improperly denied an application for vaccination determination concerning a dispute with her ex-husband over whether their children should be vaccinated. Since their dissolution did not address the issue, the lower court constitutes the proper venue. Reversed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-0686, Categories: family Law, jurisdiction, Covid-19
J. Stras finds a lower court properly ruled that a judge in Missouri exceeded authority when he escorted two minor children to a jail cell two separate times, forced them to remove their clothing and shoes, and then came back later to let them go, after they acted inappropriately in a courthouse. The judge argued that he was entitled to judicial immunity, even though his actions may have been inappropriate, and that he was obligated to issue a pick up order when the mother and children failed to appear in court. However, the judge was not entitled to judicial immunity for the acts against the children, but properly exercised jurisdiction to impose a pick up order when all three failed to show up to court. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: June 21, 2023, Case #: 21-3903, Categories: family Law, Immunity, jurisdiction
J. Clark finds the lower court erroneously denied the Department of Children and Families' motion to dismiss discrimination claims filed by the Muslim father. The department was entitled to immunity based on the fact it only became involved in the case after the father filed an emergency custody motion against the mother of his children. The father made no allegations the department initiated litigation because of his religion and the department did not initiate removal proceedings on its own; therefore, it was protected by the litigation privilege. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 15, 2023, Case #: AC45265, Categories: family Law, Immunity, jurisdiction
J. Fridy finds that the lower court properly determined that the child remained dependent and vested custody in the paternal grandmother. The department's petition properly invoked the jurisdiction of the juvenile court, and there was no error in transferring custody to the grandmother. The mother's appeal is dismissed as to the shelter-care order. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1192, Categories: family Law, jurisdiction
[Consolidated.] J. Walker vacates the lower court’s order terminating a Pennsylvania couple’s rights to their two adopted children and one biological child following an incident at a relative’s home where the mother became choked one of the adopted sons for singing a song. Though correct to assert temporary jurisdiction, the court finds the judge erred by failed to make a record of her communication with the Pennsylvania court declining jurisdiction prior proceeding to disposition and issuance of her order terminating the parent’s rights. Vacated and remanded with instructions.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 8, 2023, Case #: 22-0384, Categories: family Law, jurisdiction, Guardianship
J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska’s jurisdiction; and though Iowa is the child’s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska’s jurisdiction. There is no abuse of discretion in the court’s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: family Law, jurisdiction, Guardianship
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: family Law, jurisdiction, Contract
J. Johnson finds the county court properly terminated the mother’s parental rights to her three minor children. The department of protective services received a report of neglectful supervision and meth manufacturing in the home, and the trial court found by clear and convincing evidence that statutory grounds existed for termination. The mother was not originally present at bench trial due to her involvement in court-ordered treatment. Recess was called and the trial resumed at a later date when the mother could be present. The trial commenced before the statutory automatic dismissal date, leaving the court with jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-23-00021-CV, Categories: family Law, jurisdiction, Guardianship
J. Miskel finds that the lower court improperly entered a default divorce decree. The lower court lacked personal jurisdiction over the husband. The record does not show that "a return of service was filed with the trial court as required by Rule 107." Accordingly, the divorce is void, and the case should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 26, 2023, Case #: 05-22-00068-CV, Categories: Civil Procedure, family Law, jurisdiction
J. Wicker vacates the trial court's order granting the intrafamily adoption of a child because it lacked subject matter jurisdiction to consider and render judgment. The evidence shows that litigation regarding the custody of the child was already pending in the Jefferson Parish proceedings at the time the petition for intrafamily adoption was filed in St. Charles Parish. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 23-CA-45, Categories: Civil Procedure, family Law, jurisdiction
Per curiam, the Supreme Court of Ohio finds the mother and adoptive parents of the child are entitled to a writ of prohibition to prevent the juvenile court judge from issuing any orders to grant parenting time to the biological father. The probate court has priority jurisdiction over the case and any order from the juvenile court would interfere with its assessment of potential actions taken in the child's best interest.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 16, 2023, Case #: 2023-Ohio-1593, Categories: family Law, Judiciary, jurisdiction
J. Paton finds a lower court improperly ruled in favor of the department of child safety concerning a mother who was accused of abusing her child. The department argued that it received a report from the State's department of health and human services that the mother abused drugs while neglecting her child, and that the lower court was obligated to exercise temporary emergency jurisdiction. However, the mother sufficiently showed in court that she eventually submitted a negative urine sample and that her child would not be subjected to abuse in her care. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Paton, Filed On: May 12, 2023, Case #: 1 CA-SA 22-202, Categories: family Law, jurisdiction