In re: T.N.
252 N.C. App. 461
N.C. Ct. App.2017Background
- Child T.E.N. born in New Jersey in 2009; parents separated and Petitioner (mother) obtained New Jersey restraining orders and custody orders that limited Respondent’s contact and prescribed visitation.
- New Jersey court granted Petitioner permission to relocate with T.E.N. to North Carolina in July 2013; Petitioner moved in August 2013; Respondent remained in New Jersey.
- New Jersey court modified visitation in October 2013 to allow Respondent one weekend per month and alternating transportation; Respondent visited only once after that order.
- Petitioner filed a petition in Guilford County, NC on 6 January 2015 to terminate Respondent’s parental rights under N.C. Gen. Stat. § 7B-1111(a)(4),(7) (abandonment and failure to support).
- At the termination hearing, some New Jersey orders were discussed but the record lacked any New Jersey order relinquishing jurisdiction or declaring North Carolina the more convenient forum.
- Trial court found willful abandonment and terminated Respondent’s parental rights on 29 April 2016; Respondent appealed, arguing the NC court lacked subject-matter jurisdiction under the UCCJEA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guilford County District Court had subject-matter jurisdiction to terminate Respondent’s parental rights under the UCCJEA (N.C. Gen. Stat. § 50A-201 et seq.) | Petitioner asserted jurisdiction because NC was the child’s home state when the proceeding began and Petitioner testified NJ transferred jurisdiction to NC. | Respondent argued the NC court lacked jurisdiction because the New Jersey court never issued an order relinquishing jurisdiction or designating NC as a more convenient forum under the UCCJEA. | Court held NC district court lacked subject-matter jurisdiction: no New Jersey order in the record showed NJ relinquished jurisdiction or designated NC a more convenient forum, so termination order vacated. |
Key Cases Cited
- Harris v. Pembaur, 84 N.C. App. 666 (1987) (defines subject-matter jurisdiction as power to hear the kind of action presented)
- In re J.D., 234 N.C. App. 342 (2014) (jurisdictional questions reviewed de novo)
- In re N.R.M., 165 N.C. App. 294 (2004) (original decree State is sole determiner of whether jurisdiction continues under the UCCJEA)
- In re K.U.-S.G., 208 N.C. App. 128 (2010) (vacatur where record lacked out-of-state order relinquishing jurisdiction or finding NC the more convenient forum)