Al-Hawarey v. Al-Hawarey
2012 Mo. App. LEXIS 1392
Mo. Ct. App.2012Background
- Mother appeals from dismissal of her Missouri motion to modify an Illinois custody order.
- Illinois awarded Father sole custody in 2011 after a breakdown in communication; Mother had supervised visitation.
- Children relocated to Missouri in 2010; Illinois maintained home state status as of petitions filed.
- Missouri dismissed based on UCCJEA provisions, finding Illinois had exclusive, continuing jurisdiction and Missouri lacked authority to modify.
- Illinois order affirming jurisdiction and Home State status was considered by the Missouri court in ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri had jurisdiction to modify Illinois custody order under UCCJEA | Mother argues Missouri had authority to modify. | Father contends Illinois retained exclusive, continuing jurisdiction; Missouri lacked authority. | Missouri lacked jurisdiction to modify. |
| Whether Illinois order affirming jurisdiction was properly before the court | Order was unauthenticated and not properly before the court. | Order was part of UCCJEA review and properly considered. | No error in considering Illinois order. |
| Whether simultaneous proceedings under Section 452.765 bar Missouri jurisdiction | Illinois had home state status; simultaneous proceedings not applicable. | Section 452.765 not triggered given Illinois exclusivity. | Section 452.765 inapplicable; Missouri not required to determine simultaneous proceedings. |
Key Cases Cited
- Adams v. Adams, 871 S.W.2d 105 (Mo.App. E.D.1994) (jurisdictional analysis over cross-state custody)
- Ketteman v. Ketteman, 347 S.W.3d 647 (Mo.App. W.D.2011) (distinguishes subject matter vs. statutory authority; UCCJEA framework)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (constitutionally vested jurisdiction vs. statutory limits under UCCJEA)