Bellew v. Larese, 288 Ga. 495

Bellew and Larese, married in Italy (2002); child born 2002 with dual citizenship; family resided in Athens-Clarke County (2004–2007) and filed joint tax returns and homestead exemption.
Larese left Georgia with the child for Italy in 2007 and did not return; Italian Tribunale di Firenze asserted jurisdiction over divorce/custody in 2007.
Bellew filed for divorce in Georgia (Sept. 2007); Georgia service by publication occurred; Larese appeared specially and asserted the Firenze proceedings.
Trial court granted Bellew sole custody temporarily (Nov. 27, 2007) with child in Italy; Firenze later awarded divorce and exclusive custody to Larese (Feb. 29, 2008).
Larese sought stay and helped facilitate communication with Italian court under UCCJEA; Firenze proceedings continued; Georgia trial court eventually dismissed Bellew’s complaint as to all issues (Jan. 2010).
Georgia Supreme Court reversed, holding the trial court erred in concluding Firenze had proper jurisdiction and that Georgia/UCCJEA principles controlled initial custody jurisdiction

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Georgia had initial custody jurisdiction under the UCCJEA	Bellew: Georgia is home state; Firenze lacked substantial conformity.	Larese: Firenze jurisdiction was proper under Italian proceedings.	Georgia had initial custody jurisdiction; Firenze did not substantially conform.
Whether Firenze's jurisdiction was "substantially in conformity" with the UCCJEA	Bellew: Firenze failed to apply UCCJEA standards.	Larese: Firenze merely asserted jurisdiction over divorce; not custody standards.	Firenze's expression of jurisdiction was not substantially in conformity with UCCJEA.
Whether the trial court could defer to Firenze under OCGA § 19-9-66	Bellew: not substantial conformity; deference improper.	Larese: deference permissible when other state has jurisdiction.	Trial court erred by dismissing; must not defer absent substantial conformity.
Whether Georgia was the home state of the child on relevant dates	Bellew: Georgia/home state despite Italy connections.	Larese: Italy had significant connections.	Georgia qualifies as home state for purposes of initial custody jurisdiction.
Whether foreign custody determinations must be recognized if not substantially conforming	Bellew: not recognized if not substantially conforming.	Larese: foreign decree should be recognized under substantial conformity.	Foreign determination not recognized where not substantial conformity with UCCJEA.

Croft v. Croft, 298 Ga.App. 303, 680 S.E.2d 150 (2009) (limits on concurrent jurisdiction and forum shopping under UCCJEA)
Fish v. Fish, 266 Ga.App. 224, 596 S.E.2d 654 (2004) (concerns forum shopping and jurisdictional considerations)
Garcia v. Gutierrez, 147 N.M. 105, 217 P.3d 591 (2009) (foreign custody development judged against UCCJEA standards)
In the matter of Custody of A.C., 165 Wash.2d 568, 200 P.3d 689 (2009) (recognition/enforcement of foreign determinations under substantial conformity)
Murillo v. Murillo, 300 Ga.App. 61, 684 S.E.2d 126 (2009) (appellate guidance on UCCJEA jurisdiction and forum)