218 So. 3d 853
Ala. Civ. App.2016Background
- Father filed for divorce in Jefferson Circuit Court on Oct. 23, 2015, and sought custody of the parties’ son (born Sept. 20, 2015).
- Father alleged mother abandoned the marriage and moved to Mississippi; pleadings did not state where the child was born.
- Mother answered, asserted the child was born and has lived in Mississippi since birth, and moved to dismiss Alabama custody claims under the UCCJEA; she disclosed a pending custody/support action in Madison County, Mississippi.
- Trial court heard jurisdictional arguments and on June 8, 2016, found it had subject-matter jurisdiction and denied the mother’s motion to dismiss; mother petitioned for a writ of mandamus.
- Alabama Court of Civil Appeals examined UCCJEA’s "home state" rule for children under six months and the requirement that courts communicate when parallel proceedings exist.
Issues
| Issue | Plaintiff's Argument (Holloway) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether Alabama court had jurisdiction to make initial custody determination under the UCCJEA | Father: child’s home state was Alabama because parents were Alabama residents when he filed; mother’s move was temporary | Mother: child was born in Mississippi and has lived there since birth; Mississippi is home state so Alabama lacks jurisdiction | Alabama lacked subject-matter jurisdiction; Mississippi is the child’s home state; custody claim must be dismissed |
| Whether the trial court was required to communicate with the Mississippi court under the UCCJEA before proceeding | Father: Mississippi court failed to communicate; he argued that failure made Mississippi pendente lite order void | Mother: trial court should have communicated and defer to Mississippi’s jurisdiction | Trial court was required to communicate; failure to do so was error (but not the sole basis for relief) |
| Effect of pendente lite order in Mississippi on Alabama proceedings | Father: challenged Mississippi court’s pendente lite order indirectly but mainly argued lack of communication rendered it void | Mother: relied on Mississippi pendente lite order to show Mississippi exercised jurisdiction | Communication requirement exists; but ultimate dispositive ground was that Alabama never had jurisdiction under the UCCJEA |
| Whether mandamus relief is appropriate to vacate Alabama’s custody order | Father: implicitly opposed mandamus; argued Mississippi should have initiated communication | Mother: sought mandamus to vacate Alabama’s jurisdictional order and dismiss custody claim | Petition granted; court issued writ directing trial court to vacate its June 8, 2016 order denying dismissal of custody claim |
Key Cases Cited
- Ex parte Siderius, 144 So.3d 319 (Ala. Civ. App. 2013) (trial-court order rendered without jurisdiction is a nullity)
- Gray v. Gray, 139 So.3d 802 (Ala. Civ. App. 2013) (child born and residing in another state from birth is that state’s "home state" under UCCJEA)
- H.T. v. Cleburne Cty. Dep’t of Human Res., 163 So.3d 1054 (Ala. Civ. App. 2014) ("lived from birth" requires a residence/presence beyond a hospital stay)
- B.N. v. Madison Cty. Dep’t of Human Res., 151 So.3d 1115 (Ala. Civ. App. 2014) (Alabama courts may not decide initial custody without UCCJEA jurisdiction)
- Ex parte Punturo, 928 So.2d 1030 (Ala. 2002) (standards for mandamus review and that subject-matter jurisdiction may be raised at any time)