Baines v. Williams

635 A.2d 1077, 431 Pa. Super. 72, 1993 Pa. Super. LEXIS 4103
CourtSuperior Court of Pennsylvania
DecidedDecember 20, 1993
Docket1160
StatusPublished
Cited by7 cases

This text of 635 A.2d 1077 (Baines v. Williams) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baines v. Williams, 635 A.2d 1077, 431 Pa. Super. 72, 1993 Pa. Super. LEXIS 4103 (Pa. Ct. App. 1993).

Opinions

TAMILIA, Judge:

This is an appeal from the Order of the Court of Common Pleas of Bucks County of March 4, 1993 remanding the custody matter of appellant, Karen Lynne Baines, to the Circuit Court of Morgan County, Alabama, for further proceedings. The underlying custody complaint filed by appellant sought primary physical custody of the parties’ three minor children, Bobby Williams, 6, Billy Williams, 5, and Amie Baines, 3.1 Hearing in the matter was held on February 23, 1993 before the Honorable John J. Rufe. Appellee, Bobby Joe Williams, was not present at the hearing. Thereafter, the trial court declined to exercise jurisdiction and entered the above Order.

A recital of the factual and procedural history of this case appearing of record is necessary to resolution of the issues. Appellant is a native of Pennsylvania and lived in Bucks [75]*75County continuously from the time of her birth in 1956 until June, 1984. The parties met in Texas in 1984, and in the summer of 1986 moved to Birmingham, Alabama. Bobby Williams was born in Texas, and Billy Williams and Amie Baines were born in Alabama. From the time of the birth of the children, appellant was their primary caretaker. During the last two years of the parties’ relationship, appellee was unemployed and had little involvement in the care of the children. On August 30, 1992, appellant informed appellee that she wanted to separate and that she was returning to Pennsylvania with the children. Appellee then grabbed appellant by the hair and, in front of the children, put her head through a wall. Appellee put the children in his truck and when appellant attempted to talk him out of his action, he grabbed her by her ponytail and dragged her around the driveway. As he drove away, appellee told appellant she would never see the children again. Subsequently, appellant left Alabama, returning to Pennsylvania on September 6,1992. Prior to leaving Alabama, appellant filed a complaint in divorce on September 2, 1992, alleging a common law marriage existed between the parties.

Between September 6, 1992 and November 11, 1992, the parties spoke to each other one time on the telephone, but appellee would not allow appellant to speak to her children. On November 11, 1992, appellant received a telephone call from appellee’s sister, Sharon Chambers. Ms. Chambers informed appellant that the children had been with her most of the time since August 30, 1992, and that appellee had recently deposited them with her, informing her that he would return in two or three weeks. Ms. Chambers did not know appellee’s whereabouts or the date of his return, and she asked appellant if she would come to Alabama to retrieve the children. Appellant immediately drove to Alabama with her parents and picked up the children. At that time, the children were wearing dirty clothes with holes in them, and Billy was not wearing any underwear. All of the children had head lice, and they had no other clothing. Appellant also discovered that the oldest child, Bobby, was not attending school on a regular basis.

[76]*76Appellant filed a complaint for custody in Bucks County on December 9, 1992. On January 19, 1993, appellee filed a motion to dismiss for lack of jurisdiction. In his motion to dismiss, appellee alleged appellant left Alabama in direct violation of a court Order entered by the Honorable C. Bennett McRae of the Circuit Court of Morgan County, Alabama, on September 8, 1992, a copy of which appellee appended to his motion. The Order, which apparently resulted from a motion by appellee for immediate temporary custody, prohibited either party from removing the children from the state of Alabama without the express written authority of the court. Appellee’s petition to dismiss also had appended to it a summons by the sheriff indicating that appellant had been personally served with a copy of the court Order on September 11, 1992. On February 22, 1993, appellee’s Alabama counsel faxed the Court of Common Pleas a copy of another purported Order from the Circuit Court of Morgan County. This Order, entered February 1, 1993, set a contempt hearing date for February 22, 1993 in Alabama for appellant, and awarded temporary custody of the children to appellee.

On the basis of the foregoing, the Court of Common Pleas stated:

The Uniform Child Custody Jurisdiction Act specifically prohibits this Court from assuming jurisdiction under these circumstances. The Act states:
A court of this Commonwealth shall not exercise its jurisdiction under this subchapter if, at the time of filing the petition, a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this subchapter, unless the proceeding is stayed by the court of the other state because this Commonwealth is a more appropriate forum or for other reasons. 23 Pa.C.S.A. Section 5447 [sic].

(Slip Op., Rufe, J., 3/4/93, p. 3.)

We agree with the trial court that this case is governed by the Uniform Child Custody Jurisdiction Act (“UCCJA”), [77]*77which has been codified in Pennsylvania at 23 Pa.C.S. §§ 5341 et seq.2 When reviewing a trial court’s decision not to exercise jurisdiction under the terms of the UCCJA, we will not reverse the trial court’s decision unless we find an abuse of discretion. Merman v. Merman, 412 Pa.Super. 247, 603 A.2d 201 (1992). Upon our review of the abbreviated record, we find that the trial court did not possess sufficient evidence to decline jurisdiction, and we remand for further proceedings to determine where proper jurisdiction exists.

As stated in the UCCJA, the general purposes of the Act are to:

(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.
(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child.
(3) Assure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training and personal relationships is most readily available, and that courts of this Commonwealth decline the exercise of jurisdiction when the child and his family have a closer connection with another state.
(4) Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child.
(5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards.
(6) Avoid relitigation of custody decisions of other states in this Commonwealth insofar as feasible.
[78]*78(7) Facilitate the enforcement of custody decrees of other states.
(8) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this Commonwealth and those of other states concerned with the same child.

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Baines v. Williams
635 A.2d 1077 (Superior Court of Pennsylvania, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
635 A.2d 1077, 431 Pa. Super. 72, 1993 Pa. Super. LEXIS 4103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baines-v-williams-pasuperct-1993.