When does a State have Continuing Exclusive Jurisdiction Regarding Child Custody?

Subscribers, please note that this is a post on my Military Blog that I am moving to the Family Law Blog.

In today's mobile society where parents and children move from one state to another after a divorce or custody action, the question often arises whether the state that made the initial child custody determination continues to have exclusive, continuing jurisdiction over modifications of custody orders. The Michigan Court of Appeal ("COA") answered this question by relying on decisions from Oregon and California for assistance. [Practice Pointer: This case is often cited for the proposition that, when dealing with cases filed under the UCCJEA, the trial court may rely upon cases from other jurisdictions because the UCCJEA is a uniform act]. That proposition carries over to other Uniform Acts.

In White v Harrison-White, decided on August 21, 2008 (for publication), the COA was faced with a case where the parents had originally lived in Ontario. The father initially moved to Michigan, commuting to Ontario on weekends. Later, the mother and child followed, and they lived in Michigan for a few years. When the marriage deteriorated, the mother and child moved back to Ontario.Dad filed for divorce about a month later.

The divorce and custody action proceeded in Michigan, which was, of course, the child's Home State under the Uniform Child Custody Jurisdiction and Enforcement Act. ["UCCJEA"] A parenting-time schedule was set forth in a custody order that allowed the father parenting time on alternate weekends, with one per month to be exercised in Michigan and one to be exercised in Ontario. As the child got older, Dad received increased parenting time in Michigan, including several weekends per month, several long holiday periods, and three consecutive weeks in the summer.

Subscribers, please note that this is a post on my Military Blog that I am moving to the Family Law Blog.

In today's mobile society where parents and children move from one state to another after a divorce or custody action, the question often arises whether the state that made the initial child custody determination continues to have exclusive, continuing jurisdiction over modifications of custody orders. The Michigan Court of Appeal ("COA") answered this question by relying on decisions from Oregon and California for assistance. [Practice Pointer: This case is often cited for the proposition that, when dealing with cases filed under the UCCJEA, the trial court may rely upon cases from other jurisdictions because the UCCJEA is a uniform act]. That proposition carries over to other Uniform Acts.

In White v Harrison-White, decided on August 21, 2008 (for publication), the COA was faced with a case where the parents had originally lived in Ontario. The father initially moved to Michigan, commuting to Ontario on weekends. Later, the mother and child followed, and they lived in Michigan for a few years. When the marriage deteriorated, the mother and child moved back to Ontario.Dad filed for divorce about a month later.

The divorce and custody action proceeded in Michigan, which was, of course, the child's Home State under the Uniform Child Custody Jurisdiction and Enforcement Act. ["UCCJEA"] A parenting-time schedule was set forth in a custody order that allowed the father parenting time on alternate weekends, with one per month to be exercised in Michigan and one to be exercised in Ontario. As the child got older, Dad received increased parenting time in Michigan, including several weekends per month, several long holiday periods, and three consecutive weeks in the summer.