160 So. 3d 22
Ala. Civ. App.2014Background
- 2008 Jefferson Family Court judgment adjudicated paternity, awarded mother custody, father visitation, and child support under the Act.
- 2013 father filed contempt and modification action alleging mother failed to notify relocation as required.
- 2013 mother answered; 2014 mother filed counterclaim to modify child support; venue not addressed.
- 2014 mother moved to transfer to Dallas County; on the same date referee granted transfer to Dallas County.
- 2014 Jefferson Family Court transferred the case to Dallas County on forum non conveniens grounds; father petitioned for writ of mandamus.
- Court grants mandamus, holds venue proper in Jefferson under §30-3-5, and that forum non conveniens does not apply to this modification action; vacates May 15, 2014 transfer order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proper under §30-3-5 for modification action | Father | Mother could select venue due to residency | Jefferson proper venue; error to transfer |
| Waiver of venue objection | Father | Mother timely objected | Mother waived venue objection because assertion was not timely made |
| Forum non conveniens applicability | Father | Forum non conveniens supports transfer | Inapplicable to §30-3-5 modification action; court erred in relying on it |
| Remedy via mandamus | Writ appropriate to challenge venue order | Writ granted; order transferring to Dallas vacated |
Key Cases Cited
- Ex parte Sawyer, 892 So.2d 898 (Ala.2004) (mandamus to challenge venue order)
- Ex parte Inverness Constr. Co., 775 So.2d 153 (Ala.2000) (mandamus standards for extraordinary relief)
- Ex parte Gates, 675 So.2d 371 (Ala.1996) (general rule on mandamus and venue)
- Ex parte Pfizer, Inc., 746 So.2d 960 (Ala.1999) (mandamus standards and improper venue considerations)
- Ex parte Vest, 68 So.3d 881 (Ala.Civ.App.2011) (waiver of venue objections in custody actions)
- Ex parte Children’s Hosp. of Alabama, 931 So.2d 1 (Ala.2005) (venue considerations in custody/child-modification matters)
- Ex parte Brandon, 113 So.3d 638 (Ala.2012) (three-year residency enabling venue selection under §30-3-5)
- Ex parte Pike Fabrication, Inc., 859 So.2d 1089 (Ala.2002) (venue determined at commencement; modification actions)
- Ex parte Pratt, 815 So.2d 532 (Ala.2001) (venue appropriateness in related proceedings)
- Ex parte Overstreet, 748 So.2d 194 (Ala.1999) (venue transfer principles in prior decisions)
- Ex parte Pratt, 815 So.2d 532 (Ala.2001) (reiterated venue rules in custody cases)
- Ex parte Vest, 130 So.3d 572 (Ala.2012) (reaffirming waiver behavior in custody actions)