M.E.V. v. R.D.V.
57 A.3d 126
Pa. Super. Ct.2012Background
- Father and Mother, with two children, lived together in NJ and married in 2005.
- Mother moved with the children to Erie, Pennsylvania in June 2011 after discovering Father’s affair.
- Initial understandings contemplated a temporary relocation with a six-month reevaluation at most.
- Father filed a NJ divorce/custody complaint on November 30, 2011, asserting NJ as home state and requesting joint custody with Father as primary residence.
- Mother filed a PA custody complaint on January 13, 2012; Father filed preliminary objections asserting improper venue due to a prior NJ action.
- The Erie trial court determined PA was the children’s home state and had jurisdiction; the Pennsylvania order was reversed on appeal for lack of proper jurisdiction and the matter remanded to NJ as the proper forum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PA had home state jurisdiction under UCCJEA given the move was temporary | Father contends NJ remained the home state; PA was improper. | Mother argues PA became home state due to actual relocation and six-month presence. | Dismissed; PA is not the home state; NJ should determine jurisdiction. |
| Whether the mediation report from NJ was improperly excluded because of confidentiality | Mother seeks exclusion of NJ mediation report on confidentiality grounds. | Mother argues report should be admitted; confidentiality limits apply. | Moot after holding on jurisdiction. |
| Whether the trial court erred by allowing questioning about marital infidelity | Father objects to evidentiary line of questioning. | Mother contends relevance to custody. | Moot after holding on jurisdiction. |
Key Cases Cited
- Harcar v. Harcar, 982 A.2d 1230 (Pa.Super.2009) (UCCJA/UCCJEA principles; persistent jurisdictional concerns)
- Goodman v. Goodman, 556 A.2d 1379 (Pa.Super.1989) (first in time and forum priority under UCCJA/UCCJEA)
- Wagner v. Wagner, 887 A.2d 282 (Pa.Super.2005) (abuse of discretion standard for jurisdictional rulings)
- Lucas v. Lucas, 882 A.2d 523 (Pa.Super.2005) (abuse of discretion standard for jurisdictional rulings)
- B.J.D. v. D.L.C., 19 A.3d 1081 (Pa.Super.2011) (forum considerations under UCCJEA guidance)
- R.M. v. J.S., 20 A.3d 496 (Pa.Super.2011) (temporary vs. permanent relocation affects home state)