A.L.-S. v. B.S.
117 A.3d 352
| Pa. Super. Ct. | 2015Background
- Mother appeals a PA trial court order denying special relief and counsel fees in a custody modification controversy.
- Ohio (Cuyahoga Co.) issued a 2013 custody order granting Father sole legal custody of C.S. and shared custody of W.S.; both parents reside in Pennsylvania now.
- Mother registered the Ohio order in Lawrence County, PA, and sought to modify custody arguing Ohio order was improper; Father moved to decline jurisdiction under UCCJEA §5423.
- Trial court declined to exercise jurisdiction, staying with Ohio order; Mother later filed emergency/special relief petitions after alleged new injuries to W.S.
- The PA Superior Court reversed, held PA had home-state jurisdiction and that Ohio no longer had exclusive, continuing jurisdiction; also reversed the award of Father’s counsel fees.
- Remand instructed for merits on modification; found Mother’s multiple petitions not warranting counsel-fee sanctions under §5339.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction: home state under 5421 | PA is home state; Ohio has no home-state jurisdiction | Ohio maintains jurisdiction until relinquished under 5423 | PA has initial jurisdiction; Ohio no longer home state |
| Jurisdiction under 5423 | PA may assume jurisdiction since parties and child reside in PA | State must relinquish jurisdiction before PA can proceed | PA proper forum; Ohio relinquishment not required where 5421/5423 satisfied |
| Emergency jurisdiction under 5424 | Trial court should exercise emergency jurisdiction given alleged abuse | No emergency grounds shown; no hearing warranted | Court erred in denying emergency relief without addressing merits |
| Counsel fees under 5339 | Mother’s filings were not repetitive; fees inappropriate | Mother’s filings were vexatious/repetitive justifying fees | Fees awarded improperly; reversed |
| Interplay of UCCJEA and Child Custody Act provisions | Court improperly applied portions of the Child Custody Act while declining UCCJEA relief | Selective enforcement consistent with statutory scheme | Reversed for misapplication; remand for merits |
Key Cases Cited
- J.K. v. W.L.K., 102 A.3d 511 (Pa. Super. 2014) (affirms home-state preference under UCCJEA)
- T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. 2014) (home state priority; PA can modify when appropriate)
- R.M. v. J.S., 20 A.3d 496 (Pa. Super. 2011) (home state preferred basis for jurisdiction)
- Chen v. Saidi, 100 A.3d 587 (Pa. Super. 2014) (counsel-fee standards under §5339 akin to judicial-code sanctions)
- In re Barnes Foundation, 74 A.3d 129 (Pa. Super. 2013) (vexatious conduct standard for fees in custody cases)
- Rennie v. Rosenthol, 995 A.2d 1217 (Pa. Super. 2010) (exclusive, continuing jurisdiction ends when no significant connection or evidence exists)
- A.D. v. M.A.B., 989 A.2d 32 (Pa. Super. 2010) (limits on exclusive jurisdiction where home-state ties change)