In Re Marriage of Dedie and Springston
255 P.3d 1142
Colo.2011Background
- Two Colorado-resident children (ages 11 and 9) were subject to an initial NY custody order granting mother primary physical custody; father resided in NY.
- Children moved to Massachusetts in 2006; dispute whether father consented to move.
- March 2010: NY family court referee dismissed father's enforcement petition for lack of NY jurisdiction, noting the children had not lived in NY since 2006 and information about them was in another state.
- September 2010: NY Supreme Court modified the initial NY custody order in favor of the father, despite the referee's ruling.
- Colorado district court then enforced the NY modification order, leading to this original-C.A.R. 21 proceeding in Colorado.
- Colorado Supreme Court held the PKPA/UCCJEA did not require enforcement because NY lacked jurisdiction under NY law after the referee’s ruling; remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PKPA requires enforcement of a sister-state modification. | Dedie argues NY's modification must be enforced in Colorado. | Springston contends NY lacked exclusive, continuing jurisdiction per the referee; PKPA requires enforcement only if proper under PKPA. | No; Colorado not required to enforce NY modification. |
| Whether New York had jurisdiction to modify after the referee's ruling. | Dedie contends NY Supreme Court had continuing jurisdiction to modify. | Springston asserts NY referee already declined exclusive, continuing jurisdiction, so NY lacked authority. | NY Supreme Court did not have jurisdiction under New York law; ref’s ruling stood. |
| Whether NY’s exercise of jurisdiction complied with the PKPA. | Dedie asserts NY's order complied with PKPA by virtue of NY court proceedings. | Springston argues the NY order failed PKPA requirements because the underlying ref ruling removed NY's exclusive jurisdiction. | Not satisfied; NY did not exercise jurisdiction consistent with PKPA. |
Key Cases Cited
- Thompson v. Thompson, 484 U.S. 174 (1988) (PKPA framework shaping interstate custody enforcement)
- A.J.C., 88 P.3d 599 (Colo. 2004) (PKPA controls enforcement and PKPA/UCCJEA integration in Colorado)
- Vernon v. Vernon, 100 N.Y.2d 960 (N.Y. 2003) (evidence considerations for continuing jurisdiction in NY)
- Ginn v. Strafaci, 223 A.D.2d 883 (N.Y. App. Div. 3d Dep't 1996) (location of evidence factors in determining substantial NY connections)
- Zippo v. Zippo, 41 A.D.3d 915 (N.Y. App. Div. 3d Dep't 2007) (NY lack of continuing jurisdiction where child not resident and evidence in NY is scant)
- King v. King, 15 A.D.3d 999 (N.Y. App. Div. 4th Dep't 2005) (NY court may relinquish exclusive continuing jurisdiction when connections/evidence are no longer substantial)
- Felicia McM. v. Jerrold L.W., 51 A.D.3d 501 (N.Y. App. Div. 1st Dep't 2008) (interpretation of substantial evidence and continuing jurisdiction under NY law)