Sidell v. Sidell
18 A.3d 499
| R.I. | 2011Background
- Divorce decree entered in Rhode Island; MSA designated RI exclusive jurisdiction and RI law; child and plaintiff relocated to Connecticut in 2007 while Moss remained in RI/MA.
- In 2009 Moss filed postjudgment custody and support motions in RI; RI court dismissed for lack of subject-matter jurisdiction.
- Child resided in Connecticut since 2007, making CT the child’s home state under UCCJEA; RI no longer exclusive, continuing jurisdiction.
- Moss argues RI jurisdiction persists due to voluntary submission and the MSA forum clause; Jacalyn moved to dismiss.
- UIFSA governs enforcement of support; RI may enforce but not modify the support order once RI no longer has exclusive jurisdiction over custody.
- RI appellate court affirms in part, vacates in part, remanding for a discretionary determination on enforcement under UIFSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RI retains exclusive, continuing jurisdiction over custody. | Jacalyn contends CT is home state; RI lacks continuing jurisdiction. | Moss argues RI remains forum per MSA and voluntary submission. | RI lacks exclusive, continuing custody jurisdiction; CT home state governs. |
| Whether the MSA forum clause or submission keeps RI jurisdiction. | Plaintiff did not consent to RI as the sole forum for post-divorce custody. | MSA binds parties to RI as exclusive forum. | Forum clause cannot confer jurisdiction where RI lacks subject-matter jurisdiction. |
| Whether RI has continuing jurisdiction to enforce the support order under UIFSA. | RI may enforce as controlling order despite custody forum. | Enforcement is permissive; RI’s enforcing power not exclusive. | Enforcement jurisdiction is permissive; remand to decide whether RI will exercise it. |
Key Cases Cited
- Waterman v. Caprio, 983 A.2d 841 (R.I.2009) (statutory interpretation and plain meaning principles)
- Paolino v. Paolino, 420 A.2d 830 (R.I.1980) (subject-matter jurisdiction may be raised at any time)
- Nadeau v. Nadeau, 716 A.2d 717 (R.I.1998) (purpose of UCCJEA to minimize jurisdictional conflict)
- Kioukis v. Kioukis, 440 A.2d 898 (Conn.1981) (home-state and commencement of proceedings in custody jurisdiction)
- Tateosian v. Celebrity Cruise Services, Ltd., 768 A.2d 1248 (R.I.2001) (forum-selection clause fairness; subject-matter jurisdiction prerequisite)