Tuesday, November 8, 2005

Case Law Development: UCCJEA Jurisdiction When Child and Primary Custodial Parent Move to Another State

The Arkansas Supreme Court held that it had continuing and exclusive jurisdiction over a custody action even though Mother, who had been granted the sole authority to determine the children's residence, had moved to Oregon and had been living there for three years prior to Father's motion to modify. The children's connection with Arkansas were their court-ordered vacation-time visitation with Father and Father's family.  The court reviewed a number of UCCJEA cases from other jurisdictions and found that 12 weeks annually of visitation with Father was sufficient connection for the court to retain jurisdiction. 

West v. West, 2005 Ark LEXIS 662 (November 3, 2005)
Opinion on the web at http://courts.state.ar.us/opinions/2005b/20051103/04-393.html (last visited November 7, 2005 bgf)

http://lawprofessors.typepad.com/family_law/2005/11/case_law_develo_10.html

Jurisdiction | Permalink