McCormick v. Robertson
2015 IL 118230
| Ill. | 2015Background
- McCormick (Illinois resident) filed a 2010 Parentage Act action in Champaign County to establish paternity and joint custody of his child born in Missouri; Robertson (mother) was served, entered appearance, and both signed a joint parenting agreement which the court adopted in a February 8, 2010 judgment.
- The judgment found the Illinois court had jurisdiction and approved a joint parenting agreement; child support was reserved.
- McCormick later served overseas; Robertson moved with the child first to Missouri and then to Nevada in November 2012, limiting McCormick’s access.
- In late 2013 McCormick sought enforcement/modification in Illinois; Robertson filed a Nevada action (Dec. 2013) claiming the Illinois custody order was void under the UCCJEA for lack of subject-matter jurisdiction.
- After a statutorily authorized interstate conference, the Nevada court and then the Illinois court concluded the UCCJEA preconditions were unmet, declared the 2010 parenting order void, and the Illinois court dismissed McCormick’s petition with prejudice.
- The Illinois appellate court reversed, holding the UCCJEA does not strip the circuit court of constitutionally conferred subject-matter jurisdiction; the Supreme Court affirmed the appellate court.
Issues
| Issue | McCormick's Argument | Robertson's Argument | Held |
|---|---|---|---|
| Whether Illinois circuit court lacked subject-matter jurisdiction over the 2010 parentage/custody proceeding because it did not meet UCCJEA §201 requirements for initial custody jurisdiction | The circuit court had constitutional subject-matter jurisdiction over the justiciable parentage and custody dispute; UCCJEA noncompliance at most creates procedural error, not voidness | UCCJEA §201 is the exclusive basis for initial child-custody jurisdiction in Illinois; failure to meet it rendered the 2010 order void and required dismissal | Court held the Illinois constitution grants circuit courts jurisdiction over justiciable matters; UCCJEA compliance is a statutory procedural limit, not a condition precedent to subject-matter jurisdiction, so the 2010 order was not void |
| Whether the parentage determination could be vacated as void for lack of UCCJEA jurisdiction | Parentage determination was proper in Illinois and not subject to UCCJEA limits on initial custody jurisdiction | UCCJEA-based voidness required vacatur of all orders including parentage and custody | Court held parentage determination was clearly within Illinois authority and could not be voided under the UCCJEA; vacatur of parentage was erroneous |
| Whether an order entered in excess of statutory prerequisites is void ab initio | Errors in applying statutory prerequisites do not divest constitutionally conferred subject-matter jurisdiction | Strict UCCJEA compliance is necessary for a court to have power to enter initial custody orders | Court held errors or statutory noncompliance may render an order erroneous, but do not deprive a constitutionally empowered circuit court of subject-matter jurisdiction |
| Whether the circuit court properly dismissed McCormick’s complaint with prejudice after declaring the earlier order void | Dismissal with prejudice was improper because the court had jurisdiction and the order was not void | Dismissal with prejudice appropriate if prior judgement was void for lack of jurisdiction | Court held dismissal with prejudice was improper; appellate court’s reversal affirmed |
Key Cases Cited
- Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill. 2d 325 (explaining subject-matter jurisdiction of circuit courts is conferred by state constitution)
- In re M.W., 232 Ill. 2d 408 (justiciability requirement for circuit-court jurisdiction)
- In re Luis R., 239 Ill. 2d 295 (constitutional source of jurisdiction not limited by statutory prerequisites)
- Siegel v. Siegel, 84 Ill. 2d 212 (authority of courts over custody matters under constitutional jurisdiction)
- In re M.M., 156 Ill. 2d 53 (statutory language does not grant power to ignore statutory limits but does not alter constitutional jurisdiction)
- National Marine, Inc. v. Illinois Environmental Protection Agency, 159 Ill. 2d 381 (description of justiciability and actual controversy requirement)