941 N.W.2d 571
N.D.2020Background
- Child born in Wisconsin in 2014; Schweitzer (mother) had primary custody after birth.
- Schweitzer moved to North Dakota on January 6, 2017.
- Miller (father) filed a custody petition in Wisconsin on January 13, 2017.
- Parties later stipulated to joint custody and a Wisconsin-related order after an August 2018 hearing.
- In January 2019 Schweitzer filed an emergency custody petition in North Dakota; Miller moved to dismiss for lack of subject-matter jurisdiction under the UCCJEA.
- Wisconsin communicated it retained exclusive and continuing jurisdiction; the North Dakota district court dismissed Schweitzer’s petition, finding Wisconsin was the child’s home state and North Dakota lacked emergency jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ND had jurisdiction for an initial custody determination | Schweitzer: she permanently moved to ND before Miller filed in WI, so WI was not the child’s home state and ND can decide custody | Miller: WI had an ongoing proceeding and was the child’s home state under UCCJEA, so ND lacked jurisdiction | ND court lacked jurisdiction; WI was the child’s home state because the child lived in WI for the six months before the WI petition (the one-week stay in ND was temporary) |
| Whether ND could exercise temporary emergency jurisdiction | Schweitzer: sought emergency relief based on alleged abuse | Miller: no adequate proof of abuse; WI proceeding exists and must be consulted under UCCJEA | ND court lacked emergency jurisdiction; Schweitzer failed to show mistreatment and Wisconsin retained jurisdiction |
Key Cases Cited
- Schirado v. Foote, 785 N.W.2d 235 (N.D. 2010) (review of jurisdictional facts de novo)
- State v. Winegar, 893 N.W.2d 741 (N.D. 2017) (UCCJEA governs interstate custody disputes)