In re: T.R.Â
250 N.C. App. 386
| N.C. Ct. App. | 2016Background
- Tina (born 2007) lived with mother M.R. (Respondent); father Ted lived in Illinois. Illinois divorce (2011) granted custody to Respondent with visitation for Ted.
- Respondent, a migrant worker, moved Tina from Illinois to Florida (2012) and then to North Carolina (June 2014); alleged neglect and sexual abuse incidents occurred in North Carolina.
- Wake County Human Services filed a juvenile neglect petition in Wake County (25 July 2014); Wake court took temporary non-secure custody.
- Illinois Circuit Judge Troemper entered a docket entry (17 Sept 2014) transferring the Illinois custody file to Wake County, stating Tina hadn’t lived in Illinois since 2012 and North Carolina was the appropriate forum.
- Wake County adjudicated neglect, placed Tina with Ted on trial placement, and on 8 March 2016 issued a permanency order granting custody to Ted; Respondent appealed arguing lack of UCCJEA subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wake County had subject-matter jurisdiction under the UCCJEA to enter the March 8, 2016 custody order | WCHS/Ted: North Carolina could modify the Illinois custody determination under N.C. Gen. Stat. § 50A-203 because NC had initial-jurisdiction predicates and the Illinois court transferred the case | Respondent: The Illinois docket entry is not a sufficient court order and thus Illinois never relinquished exclusive, continuing jurisdiction under the UCCJEA | Court affirmed: Illinois judge’s docket entry functioned as a transfer/order; NC met §50A-201(a)(2) standards and §50A-203(1) applied, so Wake had jurisdiction |
Key Cases Cited
- In re J.H., 780 S.E.2d 228 (N.C. Ct. App.) (standard of review for UCCJEA jurisdictional questions)
- In re N.B., 771 S.E.2d 562 (N.C. Ct. App.) (federal/state courts need not collaterally review a facially valid sister-state order under §50A-203)
- Severino v. Freedom Woods, Inc., 941 N.E.2d 180 (Ill. App.) (accepting docket-sheet entries as court orders where no transcript or written order exists)