This is the second appearance of this child custody dispute. See
Mulle v. Yount,
1. The exercise of custody jurisdiction by the Georgia superior court is enumerated as error. Appellant contends that Tennessee has continuing jurisdiction because it is the most convenient forum for *585 determining whether any change in custody or visitation was warranted.
As a general rule, the superior courts of this state have jurisdiction under the UCCJA to make a child custody determination by initial or modification decree if Georgia is the “home state” of the child at the time of the commencement of the proceeding. OCGA §§ 19-9-43 (a) (1) (A); 19-9-42 (5). However, the courts of this state shall recognize and enforce an initial or modification custody decree which was made by a court of another state which had assumed custody jurisdiction under statutory provisions substantially in accordance with the UCCJA. OCGA § 19-9-53. Accordingly, “if a court of
another state
has made a custody decree, a court of this state
shall not modify
that decree
unless
it appears to the court of this state that the court which rendered the decree [either] does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with [the UCCJA] or has declined to assume jurisdiction to modify the decree
and
the court of this state has jurisdiction.” (Punctuation omitted and emphasis supplied.) OCGA § 19-9-54 (a). Both the absence of jurisdiction (or abstention) by the decree state and the presence of jurisdiction in this state must exist before a court of this state is authorized to modify the child custody decree of another state.
Mulle v. Yount,
supra at 877. These determinations are issues of fact and are subject to review under the “clearly erroneous” standard. See
Fortson v. Fortson,
Tennessee has adopted the UCCJA, which, in the absence of proof to the contrary, we assume is the same as the Georgia law.
Craighead v. Davis,
This contention is without merit. OCGA § 19-9-47 is not a separate grant of jurisdiction over interstate child custody proceedings, but establishes a discretionary abstention doctrine. See
Morris v. Mosley,
2. Appellant ¿numerates as error the final order modifying his visitation rights, on the ground that he was deprived of an opportunity to present evidence and cross-examine witnesses. The final order of December 23, 1992 refers to the court’s prior order of September 18, 1991. The September 1991 order recites that the court met with counsel for both parties prior to a scheduled hearing and informed them of its intention to modify visitation on its own motion. Thereafter, the superior court adopted as its own decree the May 1987 Tennessee decree as modified by the Tennessee court in June 1988, subject to specific changes in the terms of visitation. The superior court then modified appellant’s visitation rights by changing the locus of the point of exchange from the Atlanta airport to the Savannah airport and requiring appellant to bear the costs of the child’s transportation. By adopting the decree of the Tennessee court, the superior court merely gave effect to the Tennessee decree awarding appellant joint legal custody and visitation. Although the superior court altered the logistical specifics of appellant’s visitation, the right to a separate evidentiary hearing on this issue was waived by appellant’s counsel prior to issuance of the order. One cannot complain of a judgment, order, or ruling that his own procedure or conduct aided in causing, unless it plainly appears that his consent was obtained by fraud or mistake.
Don v. Don,
3. The purported upward modification of appellant’s child support obligations without a claim therefore in the complaint, without a hearing, and without evidence is enumerated as error. In this regard, appellant objects to the provision in the final order of the superior court directing appellant to pay one half of the costs for the child’s tuition, lunches, and registration in a private school in Savannah. As noted above, the superior court adopted the Tennessee decree as its own before undertaking to modify visitation. Appellant had previously agreed to be responsible for one-half of the costs of private school tuition for the child, and this agreement was incorporated into the Tennessee decree. Contrary to appellant’s contentions, we do not find this provision to be an unauthorized increase in appellant’s child support obligations; rather it is an explication of the expenses appellant had previously been ordered to pay.
Judgment affirmed.
