Bjd v. Dlc
19 A.3d 1081
| Pa. Super. Ct. | 2011Background
- Prior custody order (June 4, 2009) awarded Father primary physical custody and allowed relocation with Child to Saipan.
- Mother moved to Oklahoma in 2004; she and Child had ongoing connections to Oklahoma.
- After relocation to Saipan, Father’s relationship with S.H. deteriorated; S.H. moved to Canada; Father relocated to Canada and then Maryland with Child.
- June–July 2010 Father temporarily relocated to Canada; September 2010 Father and Child moved to Maryland to live with Father’s mother in Silver Springs.
- June 11, 2010 Mother sought transfer of custody jurisdiction to Oklahoma; September 28, 2010 hearing led to an order allocating jurisdiction to Oklahoma, entered October 6, 2010; Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in transferring jurisdiction to Oklahoma | Father argues Maryland has most significant contacts and should retain jurisdiction | Mother contends Oklahoma is proper under stable jurisdiction and forum non conveniens for convenience | Order vacated; case dismissed; Pennsylvania lacks subject matter jurisdiction |
Key Cases Cited
- Rennie v. Rosenthol, 995 A.2d 1217 (Pa. Super. 2010) (exclusive, continuing jurisdiction under the UCCJEA)
- Grom v. Burgoon, 672 A.2d 823 (Pa. Super. 1996) (subject matter jurisdiction may be raised at any time)
- Commonwealth v. Jones, 929 A.2d 205 (Pa. 2007) (de novo review for pure questions of law; plenary scope)
- Bouzos-Reilly v. Reilly, 980 A.2d 643 (Pa. Super. 2009) (explanation of UCCJEA jurisdiction mechanics)