Jackson v. Sanomi
292 Ga. 888
Ga.2013Background
- 2007 New Jersey custody order awarded sole custody to father for the child, who was five at the time.
- Child and father have resided in Nigeria, while mother resides in Georgia.
- In 2012, father and mother arranged a summer visitation from June 15 to August 1; mother kept the child after it ended.
- Mother refused to return the child citing fear of violence in Nigeria; child now is ten.
- Father filed a habeas corpus petition in DeKalb County Superior Court seeking the child’s return; NJ order acknowledged legal custody in father.
- Superior Court held it lacked jurisdiction to modify the foreign custody order under UCCJEA and ordered mother to deliver the child to father’s representative.
- Emergency jurisdiction under OCGA § 19-9-64(a) was not triggered; allegations did not meet the emergency statutory criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DeKalb court could modify the foreign custody order under UCCJEA | Mother argues for jurisdiction to modify under OCGA 19-9-61 | Father argues the court lacks home-state or exclusive continuing jurisdiction to modify | No jurisdiction to modify the foreign order under OCGA 19-9-61 (a) |
| Whether temporary emergency jurisdiction could apply under OCGA § 19-9-64(a) | Mother asserts emergency jurisdiction due to child's fear of violence | State conditions for emergency jurisdiction not met | Emergency jurisdiction not activated; criteria not satisfied |
Key Cases Cited
- Lopez v. Olson, 314 Ga. App. 533 (2012) (modification of foreign custody order proper where jurisdictional prerequisites are met)
- Delgado v. Combs, 314 Ga. App. 419 (2012) (court lacked jurisdiction to modify foreign custody order)
- Rozier v. Berto, 230 Ga. App. 427 (1998) (emergency exception requires immediate action for abuse or mistreatment)