M.B. v. M.M.T.
2014 Ala. Civ. App. LEXIS 16
| Ala. Civ. App. | 2014Background
- Mother (M.M.T.) and father (M.B.) lived in Colorado where child R.D.B. was born October 30, 2012; child was <6 months old when events occurred.
- Mother traveled to Alabama Feb 15, 2013; she and her older child returned to Colorado Feb 18; father kept the infant in Alabama.
- Mother filed for divorce and emergency abduction-prevention relief in Colorado (filed Feb 19, 2013); father filed an ex parte emergency custody petition in DeKalb Juvenile Court, Alabama, on Feb 21, 2013; juvenile court granted ex parte temporary custody to father Feb 28, 2013.
- Colorado court later determined Colorado was the child’s home state under the UCCJEA and ordered return of the child to Colorado on May 23, 2013; courts exchanged communications but the juvenile court entered an Oct 9, 2013 judgment refusing to dismiss and transferring the matter to circuit court.
- Mother petitioned Alabama Supreme Court for writ of mandamus seeking vacation of juvenile-court orders for lack of jurisdiction; Alabama Supreme Court granted mandamus, holding juvenile court lacked jurisdiction under Ala. Code § 12-15-114(a).
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether juvenile court had subject-matter jurisdiction under dependency statutes (§ 12-15-114) | Father’s petition was a custody dispute between parents and not a dependency; juvenile court lacks jurisdiction | Father characterized mother’s conduct as abandonment/erratic behavior supporting dependency/emergency jurisdiction | Court: Juvenile court lacked jurisdiction under § 12-15-114(a); dependency jurisdiction does not include custody disputes between parents; writ granted |
| Whether juvenile court could exercise temporary emergency jurisdiction under the UCCJEA (§ 30-3B-204) | Colorado was child’s home state; Alabama could not assert emergency jurisdiction because child was not abandoned or threatened and Colorado had an active proceeding | Father argued emergency facts (mother’s alleged instability/abandonment) supported temporary jurisdiction and ex parte custody | Court: Juvenile court did not properly invoke UCCJEA emergency jurisdiction; Colorado was home state and a Colorado proceeding preexisted Alabama filing |
| Whether mother ‘submitted to jurisdiction’ by pro se filings, curing any defect | Mother contested Alabama jurisdiction and relied on Colorado home-state claim | Juvenile court found mother’s pro se April 11 filing submitted to jurisdiction | Court: Subject-matter jurisdiction cannot be waived; pro se filing does not cure lack of statutory jurisdiction; juvenile-court orders void |
| Whether juvenile-court temporary order should have contained time-limit and communication per UCCJEA | Mother emphasized Colorado proceeding required immediate intercourt communication and specified period for Alabama order | Father relied on juvenile court’s emergency order and later factual findings to justify continued Alabama control | Court: UCCJEA requires communication and specification of duration; juvenile court failed these requirements and could not supplant home-state proceedings |
Key Cases Cited
- Ex parte Siderius, 144 So.3d 319 (Ala. 2013) (subject-matter jurisdiction review and mandamus framework)
- Ex parte Punturo, 928 So.2d 1030 (Ala. 2002) (standards for extraordinary writs and jurisdictional principles)
- Ex parte Smith, 438 So.2d 766 (Ala. 1983) (appellate duty to notice lack of subject-matter jurisdiction ex mero motu)
- J.H. v. J.W., 69 So.3d 870 (Ala. Civ. App. 2011) (juvenile court’s limited authority and consequences of acting without jurisdiction)
- Ex parte L.E.O., 61 So.3d 1042 (Ala. 2010) (definition and treatment of dependent children where legal custodian abandons)