Case Details
- Judge(s)
- Calabria, McGee, Steelman
- Status
- Published
- Procedural Posture
- Appeal of trial court's jurisdictional ruling declining custody matter
Related Laws
No specific laws identified for this ruling.
Outcome
Trial court properly declined jurisdiction over child custody matter, determining Vermont was the home state of the children under UCCJEA provisions and that the children's six-week absence from Vermont was merely temporary.
Excerpt
1. Child Support, Custody, and Visitation — custody — jurisdiction — home state The trial court did not err by declining jurisdiction over this child custody matter and by concluding that Vermont was the home state of the children, because: (1) the minor children were not living in North Carolina for the required six months prior to the commencement of plaintiff mother's custody proceedings, and except for a six-week period in January and February 2002, the minor children lived continuously in Vermont from August 2001 to July 2002; (2) the totality of circumstances shows the six-week absence was merely a temporary absence, and in light of the numerous relocations and decisions, the parties' intent at the specific time they retrieved the minor children standing alone should not control the determination of whether the absence was temporary; (3) the length of absence from Vermont was a relatively short period of time, especially when compared to the fact that the minor children had spent almost the entire previous year in Vermont; and (4) Vermont's exercise of jurisdiction is proper under both North Carolina's UCCJEA provisions and Vermont's UCCJA provisions. 2. Child Support, Custody, and Visitation — custody — notice — substantial conformity The trial court did not err in a child custody case when it found that Vermont had issued its order in substantial conformity with the UCCJA and that plaintiff mother had notice and was aware of the pendency of the issue of jurisdiction before the Vermont court on 18 September 2002, because: (1) plaintiff conceded that the notice of hearing stated in all capital letters that both parties must appear and failure to appear meant it was possible for the court to issue parental rights and responsibilities based on the evidence presented by the other party; and (2) plaintiff responded to defendant's motion and specifically raised
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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