in the Interest of P.M.K., Minor Child
05-15-01181-CV
| Tex. App. | Jan 30, 2017Background
- Child P.M.K. born 2014; parents and child moved to Plano, Texas in Jan 2015; Mother and child moved to Lake Charles, Louisiana on March 19, 2015.
- On March 20, 2015 both parents filed competing initial custody suits the same day: Father in Collin County, Texas; Mother in Calcasieu Parish, Louisiana.
- Texas court found Texas was the child’s "home state" and had jurisdiction under the UCCJEA but, after coordinated telephonic hearings with the Louisiana court, concluded Texas was an inconvenient forum and declined jurisdiction in favor of Louisiana.
- The joint June 23, 2015 order noted most statutory factors were neutral but emphasized Louisiana ties (witnesses/evidence), Mother and child’s residence in Louisiana, and Father’s superior financial ability to litigate in Louisiana.
- Father moved for rehearing/new trial; the courts denied it. Father failed to provide a reporter’s record on appeal; appellate court proceeded on the appellate record and presumed trial-court findings.
- Trial court’s refusal to exercise jurisdiction under Tex. Fam. Code §152.207 was affirmed by the Fifth Court of Appeals.
Issues
| Issue | Kirchner's Argument | Willis's Argument | Held |
|---|---|---|---|
| Whether Texas improperly allowed Louisiana to participate in determining inconvenience of forum | Texas (trial court) should have alone decided forum non conveniens because Texas was home state; trial court improperly deferred to Louisiana | Trial court properly communicated and coordinated with Louisiana; trial court signed the joint order declining jurisdiction | Affirmed: trial court fulfilled its duty and validly signed joint order finding Texas an inconvenient forum |
| Whether evidence supports finding Texas an inconvenient forum and Louisiana more appropriate | Father: record does not support forum non conveniens or that Louisiana has significant connections; trial court abused discretion | Mother: factors (ties, witnesses, evidence location, financial disparity, expeditiousness) supported declining jurisdiction | Affirmed: abuse-of-discretion review; absent reporter’s record, appellate court presumes evidence supports trial court |
| Whether Mother engaged in unjustifiable conduct by moving child to Louisiana such that Texas must retain jurisdiction | Father: Mother’s move was unjustifiable and trial court should have retained jurisdiction under Tex. Fam. Code §152.208 | Mother: Father is the party seeking to invoke Texas jurisdiction; §152.208 focuses on conduct of the party invoking jurisdiction; Louisiana must adjudicate its applicability | Affirmed: claim against Mother fails because §152.208 targets conduct of the party seeking Texas jurisdiction (Father), not Mother |
Key Cases Cited
- Powell v. Stover, 165 S.W.3d 322 (Tex. 2005) (home-state court decides whether another state is more appropriate forum)
- Barabarawi v. Rayyan, 406 S.W.3d 767 (Tex. App.—Houston [14th Dist.] 2013) (standard of review for inconvenient-forum determinations)
- Lesem v. Mouradian, 445 S.W.3d 366 (Tex. App.—Houston [1st Dist.] 2013) (UCCJEA is exclusive jurisdictional basis for child-custody determinations)
- Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App.—Dallas 2008) (presumption supporting trial-court judgment when reporter’s record is missing)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse-of-discretion standard explained)
- Bryant v. United Shortline Inc. Assurance Servs., N.A., 972 S.W.2d 26 (Tex. 1998) (appellate presumption that missing reporter’s record supports trial court)