Christine W. v. Trevor W., 928 N.W.2d 398

Trevor filed a district-court motion to modify a parenting plan; Christine counterclaimed seeking termination of Trevor’s parental rights based on his 2014 sexual-assault convictions and long incarceration.
Under Nebraska law, modification proceedings commence in district court, but § 42-364(5) requires transfer to juvenile court when termination of parental rights is placed in issue unless the district court finds itself the more appropriate forum.
The Washington County District Court transferred the case to the county court sitting as a juvenile court; the juvenile court initially consented to the transfer.
Two months later the juvenile court issued an order refusing the transfer, concluding it lacked subject-matter jurisdiction because of its reading of § 43-292.02(3), and purported to transfer the matter back to district court.
Christine appealed; the Nebraska Supreme Court held the juvenile court lacked statutory authority under § 42-364(5) to transfer the matter back under the circumstances and vacated the juvenile court’s order, remanding for further juvenile-court proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a juvenile court may transfer back to district court a modification proceeding previously transferred under § 42-364(5) when termination of parental rights remains in issue and the State is not involved	Christine: Juvenile court lacked authority to return the case; once district court properly transferred under § 42-364(5), juvenile court must adjudicate termination	Juvenile court (implied): § 43-292.02(3) and its prerequisites (relating to State involvement/exceptions) prevented juvenile-court jurisdiction, so transfer back to district court was appropriate	The juvenile court exceeded its statutory authority. Where (1) district court properly transferred under § 42-364(5), (2) termination remains in issue, (3) State is not involved, and (4) juvenile court hasn’t been deprived of jurisdiction, the juvenile court lacks authority to transfer the matter back; its order was void.

Kenneth C. v. Lacie H., 286 Neb. 799 (2013) (district court retention of termination matters discussed)
R.D.N. v. T.N., 218 Neb. 830 (1984) (jurisdictional context for family law matters)
In re Interest of Josue G., 299 Neb. 784 (2018) (juvenile court is a statutorily limited court)
In re Interest of Katrina R., 281 Neb. 907 (2011) (county court sitting as juvenile court limitations)
Patterson v. Metropolitan Util. Dist., 302 Neb. 442 (2019) (statutory language given its plain and ordinary meaning)
Donna G. v. Nebraska Dept. of Health & Human Servs., 301 Neb. 838 (2018) (legislative intent may be expressed by omission)