Smith v. Guest
16 A.3d 920
| Del. | 2011Background
- Smith appeals a Family Court order granting Guest joint custody of ANS after SB 84 amended the Delaware Uniform Parentage Act to recognize de facto parents; SB 84 retroactivity and preclusion provisions are at issue.
- SB 84 enacted July 6, 2009 amended 13 Del. C. § 8-201 and § 2302 to include de facto parents; Sections 5-6 provide retroactive effect and limit collateral estoppel or res judicata.
- Smith I (2009) held de facto parents lacked standing under pre-amendment law, prompting legislative response.
- Guest filed a new custody petition on July 6, 2009; Family Court ruled SB 84 constitutional, and Guest had de facto parent status.
- Appellate proceedings address constitutionality, res judicata/collateral estoppel, and retroactivity as applied to SB 84; court affirmed the Family Court.
- Judgment at issue is Smith v. Guest, 16 A.3d 920 (Del. 2011).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of SB 84 | SB 84 retroactively affects Smith I and violates separation of powers. | SB 84 valid as enacted; Sections 5-6 part of the statute and constitutional. | SB 84 constitutional in its entirety. |
| Res judicata/collateral estoppel | Smith I bars Guest's petition via res judicata/collateral estoppel. | SB 84 sections limit preclusion; Smith I does not bar Guest’s petition. | SB 84 precludes preclusion; Smith I does not bar Guest. |
| Retroactive application of SB 84 | Court erred by considering pre-enactment evidence under retroactivity. | Statute expressly retroactive; pre-enactment evidence properly considered. | Family Court appropriately applied SB 84 retroactively. |
Key Cases Cited
- Smith v. Gordon, 16 A.3d 920 (Del. 2011) (progression after Smith I (Del.))
- Smith I, 968 A.2d 1 (Del. 2009) (de facto parent lacked standing under pre-amendment law)
- Evans v. State, 872 A.2d 539 (Del. 2005) (legislation cannot nullify a final judicial decision; separation of powers concerns)
- Elliott v. Blue Cross & Blue Shield of Del., Inc., 407 A.2d 524 (Del. 1979) (egal legislative construction; code revisions consistent with intent)
- New Castle Cnty. v. Wilm. Hospitality, LLC, 963 A.2d 738 (Del. 2008) (classifications and equal protection analysis in state context)
- Pullman, Inc. v. Phoenix Steel Corp., 304 A.2d 334 (Del. Super. Ct. 1973) (retroactivity and legislative intent considerations)
- Troxel v. Granville, 530 U.S. 57 (2000) (due process in parental rights and third-party standing context)
- Nordlinger v. Hahn, 505 U.S. 1 (1992) (equal protection and time/place of treatment)