Ex parte Gallant, 221 So. 3d 1120

Background

2009 divorce judgment awarded Rebecca Gallant sole physical custody, joint legal custody, and ordered child support; incorporated a settlement agreement.
Father filed multiple post-judgment actions (contempt, modification) in 2012, 2014, and 2016; the trial court entered judgments in 2014 and 2016; some judgments were appealed and affirmed, others were not appealed.
On January 19, 2016, the trial court denied both the father’s petition and the mother’s counterclaim after trial; neither party appealed that judgment.
In June 2016 the mother filed a contempt and modification complaint seeking (1) enforcement/modification of visitation (custody-related) and (2) enforcement/modification of child-support and monetary obligations (non-custody).
Father moved to dismiss the mother’s June 2016 complaint for lack of subject-matter jurisdiction under the UCCJEA and moved to set aside the January 19, 2016 judgment as void under Rule 60(b)(4); the trial court denied both motions; father sought mandamus.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rule 60(b)(4) relief (judgment void for lack of subject-matter jurisdiction) should be reviewed by mandamus or appeal	Father: January 19, 2016 judgment is void under the UCCJEA; Rule 60(b)(4) motion denial should be reviewable by mandamus	Mother/Trial court: denial of Rule 60(b)(4) is a matter for appeal	Court: Denial of Rule 60(b)(4) is reviewed by appeal, not mandamus; the petition will be treated as an appeal and addressed separately
Whether the trial court lacked subject-matter jurisdiction under the UCCJEA to hear the mother’s June 2016 visitation-modification claims	Father: UCCJEA stripped Alabama court of continuing exclusive jurisdiction because parents and children no longer reside in Alabama	Mother: Trial court retained jurisdiction to enforce its prior custody/visitation orders; alternatively, UCCJEA doesn't permit modification if parties no longer reside here but enforcement may still be available	Court: Under §30-3B-202(a)(2) the court lost continuing exclusive jurisdiction to modify visitation because parents and children live outside Alabama; dismissal of visitation-modification claim required (writ granted as to that claim)
Whether the trial court retains jurisdiction to hear contempt/enforcement proceedings to enforce prior custody/visitation orders despite loss of UCCJEA modification jurisdiction	Father: Loss of UCCJEA jurisdiction bars the court from proceeding on contempt claims tied to custody/visitation	Mother: Ex parte Stouffer authorizes Alabama courts to enforce prior custody determinations via contempt even after UCCJEA jurisdiction is lost	Court: Under Ex parte Stouffer, the trial court may exercise subject-matter jurisdiction for contempt/enforcement of its prior custody orders; mandamus denied as to enforcement/contempt claims
Personal-jurisdiction challenge raised by father	Father: (cursorily) trial court lacks personal jurisdiction	Mother: (not developed in opinion)	Court: Argument not developed per Rule 28, so court declines to consider it

Key Cases Cited

Ex parte R.S.C., 853 So.2d 228 (Ala. Civ. App. 2002) (motion under Rule 60(b)(4) should be reviewed on appeal rather than by mandamus)
Ex parte C.L.J., 946 So.2d 880 (Ala. Civ. App. 2006) (court may treat an erroneously filed mandamus petition as an appeal)
Ex parte Holloway, 218 So.3d 853 (Ala. Civ. App. 2016) (mandamus may be used to challenge subject-matter jurisdiction under the UCCJEA)
Ex parte McNaughton, 728 So.2d 592 (Ala. 1998) (standards for issuance of writ of mandamus)
H.T. v. Cleburne Cty. Dep’t of Human Res., 163 So.3d 1054 (Ala. Civ. App. 2014) (UCCJEA is jurisdictional and defines "child custody proceeding")
Ex parte Stouffer, 214 So.3d 1192 (Ala. Civ. App. 2016) (Alabama court retains authority to enforce prior custody orders by contempt even after losing UCCJEA modification jurisdiction)
Ex parte Collins, 184 So.3d 1036 (Ala. Civ. App. 2015) (construing motions under the UCCJEA to relate to custody/visitation claims)