2012 Ohio 704
Ohio Ct. App.2012Background
- Father filed Feb 2011 application to determine custody of J.E., A.E., J.E. II under UCCJEA after learning the children were in Newark, New Jersey.
- From January 2008 to September 2010, the children lived with father in Ohio; from September 2010 to February 2011 they lived with mother in New Jersey.
- Magistrate dismissed the case for lack of jurisdiction; trial court adopted the magistrate’s decision.
- Father argued Ohio was the children’s home state and the children had a significant connection to Ohio.
- Ohio was found to be the home state because the children lived in Ohio for at least six consecutive months ending within six months before filing.
- Trial court declined to exercise jurisdiction because the mother and children resided in New Jersey at filing; the court did not explicitly find New Jersey a more appropriate forum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio had initial jurisdiction under UCCJEA home-state rule | Ohio is the home state; six-month period ended recently. | New Jersey is appropriate forum; Ohio should not exercise jurisdiction. | Ohio had home-state jurisdiction; court abused by declining to exercise jurisdiction. |
Key Cases Cited
- Rosen v. Celebrezze, 117 Ohio St.3d 241 (2008-Ohio-853) (defines home-state and six-month criterion under UCCJEA)
- In re Skrha, 98 Ohio App.3d 487 (8th Dist. 1994) (two-step jurisdiction approach; home-state then forum exercise)
- Mayor v. Mayor, 71 Ohio App.3d 789 (8th Dist. 1991) (courts may decline to exercise jurisdiction if another forum is more appropriate)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard for custody decisions)