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Keywords

jurisdictionappealtrial

jurisdictionappealchild custody

Related Cases

Wood, Matter of

Facts

In 2005, the mother, who was living with the father and their three children in Pennsylvania, relocated with the children to Staten Island. The father remained in Pennsylvania. A Pennsylvania court had previously awarded the mother and father joint legal custody, with the mother receiving physical custody and the father receiving visitation. The mother filed a family offense proceeding in New York, alleging abusive acts by the father during visitation, and sought temporary orders of protection.

In 2005, the mother, who was living with the father and their three children in Pennsylvania, relocated with the children to Staten Island. The father remained in Pennsylvania. In an order dated January 10, 2005 (hereinafter the Pennsylvania custody order), a Pennsylvania court awarded the mother and father joint legal custody of the children. In addition, the mother was awarded physical custody of the children, and the father was awarded certain visitation. The mother commenced the instant family offense proceeding in the Family Court, Richmond County, by filing a petition dated December 18, 2006.

Issue

Did the Family Court err in dismissing the family offense proceeding without communicating with the Pennsylvania court, which had exclusive, continuing jurisdiction over the custody matter?

Rule

The UCCJEA provides that a court exercising temporary jurisdiction must communicate with a court of another state that has exclusive, continuing jurisdiction when informed of a custody proceeding in that state.

The UCCJEA provides that a "court of this state which has been asked to make a child custody determination" pursuant to the exercise of its temporary jurisdiction, "upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having" exclusive, continuing jurisdiction, "shall immediately communicate with the other court" ( Domestic Relations Law 76-c [4] ; see Domestic Relations Law 75-i [1] ).

Analysis

The appellate court determined that the Family Court, while exercising temporary emergency jurisdiction, was obligated to communicate with the Pennsylvania court after being informed of the father's custody proceeding. The Family Court's failure to do so constituted an error, as it dismissed the family offense proceeding without fulfilling this obligation.

Conclusion

The order was reversed, and the case was remitted to the trial court for further proceedings, with directions to communicate with the Pennsylvania court and provide necessary documentation.

The order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith.

Who won?

The mother prevailed in the appeal because the appellate court found that the Family Court had a duty to communicate with the Pennsylvania court before dismissing the case.

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