Fordham v. Siderius

Supreme Court of Alabama
2013 WL 6210834, 144 So. 3d 319 (2013)

ELI5:

Rule of Law:

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a child's "home state" for initial custody jurisdiction includes periods of temporary absence, such as for vacation or visitation, and home-state jurisdiction continues for six months after a child's departure if a parent remains in the state, prioritizing home state jurisdiction over other jurisdictional bases like personal jurisdiction.

Facts:

Caroline Siderius and Kenneth Fordham entered into a common-law marriage in 2006 and lived together in Mobile, Alabama, with their minor children, L.F. and M.F., until July 2009.
In July 2009, Siderius moved with L.F. and M.F. to Portland, Oregon, for a new job, and Fordham later joined them.
In March 2010, the entire family relocated to Spokane, Washington, where L.F. and M.F. were enrolled in public schools from April 2010 until June 2011.
In May 2011, Siderius and Fordham retained a mediator to assist with the dissolution of their marriage and custody of the children.
The parties agreed to a summer 2011 visitation schedule where M.F. and L.F. would travel to Alabama, then return to Washington before September 3, 2011, to start school.
Siderius purchased a plane ticket for M.F. to return to Spokane on August 11, 2011, but M.F. and L.F. remained in Alabama with Fordham.
On September 6 and 7, 2011, Fordham transferred the children's school registration from Spokane to schools in Mobile, Alabama.

Procedural Posture:

On August 11, 2011, Kenneth Fordham filed a child-custody petition and complaint for divorce in the Mobile Circuit Court (Alabama trial court).
On August 12, 2011, the Mobile Circuit Court granted Fordham’s emergency motion and awarded him custody of the children pendente lite.
On August 15, 2011, Caroline Siderius filed a petition for dissolution of marriage and custody in the Spokane trial court (Washington trial court).
On August 15, 2011, the Spokane trial court issued an ex parte restraining order ordering Fordham to return the children to Washington.
On August 15, 2011, Siderius filed a limited appearance in Fordham’s Mobile proceeding to challenge personal and subject-matter jurisdiction.
On August 30, 2011, the Spokane and Mobile courts held a telephone conference as required by the UCCJEA.
On October 7, 2011, the Mobile Circuit Court issued an order finding it had personal jurisdiction over Siderius but did not rule on the applicability of the UCCJEA.
Siderius filed a petition for a writ of mandamus in the Alabama Court of Civil Appeals.
On January 11, 2012, the Alabama Court of Civil Appeals denied Siderius’s petition without an opinion.
On February 10, 2012, the Spokane trial court issued an order awarding custody of the children to Siderius, finding Washington had UCCJEA jurisdiction, and found Fordham in contempt.
On February 24, 2012, Siderius registered the Spokane court’s custody determination and a motion for enforcement with the Mobile Circuit Court.
On July 12, 2012, the Mobile Circuit Court issued an order denying Siderius’s motion to enforce the Spokane court’s custody determination.
Siderius again petitioned the Alabama Court of Civil Appeals for a writ of mandamus, seeking review of the Mobile court’s July 2012 order.
On January 11, 2013, the Alabama Court of Civil Appeals denied Siderius’s petition, explaining that Siderius had submitted no evidence to support her position.
Siderius thereafter filed this petition for a writ of mandamus with the Supreme Court of Alabama.

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Issue:

Does an Alabama court have subject-matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to make an initial child-custody determination when children, who had lived in Washington for 17 months, were temporarily absent in Alabama for summer visitation and one parent continued to reside in Washington?

Opinions:

Majority - Moore, Chief Justice

No, an Alabama court does not have subject-matter jurisdiction under the UCCJEA to make an initial child-custody determination because Washington was the children's "home state" under the Act. The court clarified the definition of "home state" under § 30-3B-102(7) and the jurisdictional basis in § 30-3B-201(a)(1) of the Alabama Code. It held that temporary absences, such as for vacation or visitation, are part of the six-consecutive-month period for determining a child's home state; Fordham did not dispute the children's planned return to Washington, indicating their absence was temporary. Furthermore, the court applied the "six-month extended home state provision" of § 30-3B-201(a)(1), which maintains home-state jurisdiction for six months after a child's departure if a parent continues to reside in that state. Since Siderius continued to live in Washington, Washington retained home-state jurisdiction. This interpretation avoids the children having no home state, promotes the UCCJEA's purpose of preventing jurisdictional conflicts, and aligns with other states' interpretations. Therefore, the Alabama trial court erred by denying Siderius's motion to dismiss based on personal jurisdiction, as the UCCJEA's home state provision is the exclusive basis for initial child-custody determinations.

Concurring - Murdock, Justice

Justice Murdock concurred in the result.

Concurring - Shaw, Justice

Justice Shaw concurred in the result.

Analysis:

This case significantly clarifies the interpretation of "home state" jurisdiction under the UCCJEA in Alabama, particularly addressing the impact of temporary absences and the "extended home state provision." By resolving the apparent statutory conflict in favor of finding a home state and prioritizing UCCJEA home state jurisdiction over personal jurisdiction, the decision reinforces the UCCJEA's purpose of preventing interstate custody disputes and child abductions. Future cases will rely on this interpretation to determine which state is the proper forum for initial child custody determinations when children have moved across state lines or are subject to temporary visitations, making it more difficult for a parent to unilaterally change jurisdiction by relocating children.

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