Ex Parte C.E. (In Re: T.C. v. C.E.).

91 So. 3d 687, 2011 WL 3211093, 2011 Ala. LEXIS 115
CourtSupreme Court of Alabama
DecidedJuly 29, 2011
Docket1090624
StatusPublished
Cited by3 cases

This text of 91 So. 3d 687 (Ex Parte C.E. (In Re: T.C. v. C.E.).) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte C.E. (In Re: T.C. v. C.E.)., 91 So. 3d 687, 2011 WL 3211093, 2011 Ala. LEXIS 115 (Ala. 2011).

Opinion

MURDOCK, Justice.

C.E. (“the mother”) petitions this Court for a writ of certiorari to review the Court of Civil Appeals’ judgment reversing a judgment entered in the mother’s favor by the Baldwin Juvenile Court. See T.C. v. C.E., 91 So.Sd 684 (Ala.Civ.App.2011). This case concerns a dispute between the mother and T.C. (“the father”) over the father’s proposed relocation of the parties’ two minor children, A.M.C. and T.R.C (“the relocation action”).1 Because we determine that the Baldwin Juvenile Court and the Court of Civil Appeals lacked subject-matter jurisdiction, we hereby suspend the provisions of Rule 39(g) and (h), Ala. R.App. P., and summarily grant the writ. We vacate the judgment of the Court of Civil Appeals and remand the case with instructions.

According to the facts presented in the mother’s petition and those provided in T.C. v. C.E., the mother and the father, who were not married, and the children initially resided in the State of New York. In 2003, they left New York and traveled the country in a motor home for approximately one year.2 In October 2004, they settled in Baldwin County.

In August 2006, the Baldwin Juvenile Court awarded the father primary physical custody of the children, awarded the mother visitation, and awarded the parties joint legal custody of the children. The nature of the juvenile court proceeding that resulted in the August 2006 custody award to the father is not disclosed in the Court of Civil Appeals’ opinion in T.C. v. C.E. or in the mother’s petition.

In November 2008, the father sent the mother a letter by certified mail. The letter notified the mother of the father’s plan to relocate with the children to Vernon, New York, at the end of the 2008-2009 school year. The notice apparently was in substantial compliance with the requirements of the Alabama Parent-Child Relationship Protection Act, Ala. Code 1975, § 30-3-160 et seq. (“the Relationship Protection Act”). In December 2008, the mother, through her counsel, sent the father a letter indicating that she objected to the proposed relocation of the children to New York.

In February 2009, the mother filed a petition in the juvenile court requesting that it enter an order prohibiting the father from relocating the children. The father filed a motion to dismiss the mother’s petition as untimely filed. The juvenile court denied the father’s motion, and it granted the substantive relief requested by the mother in her petition.

The father appealed to the Court of Civil Appeals. On December 11, 2009, that court issued an opinion in which it concluded that the mother had waived her right to file an action opposing the proposed relocation because her petition in the juvenile court was not timely filed. In so doing, the Court of Civil Appeals treated the action as one that was within the subject-matter jurisdiction of the juvenile court. [689]*689Accordingly, it proceeded to discuss the merits of the parties’ respective positions as to the meaning of various procedural requirements and other provisions of the Relationship Protection Act and as to what substantive rights might ensue to one party based on the other party’s failure to comply with the Relationship Protection Act as interpreted by that court. Based on this discussion, it reversed the judgment of the juvenile court; it also directed the juvenile court to dismiss the mother’s petition. See T.C. v. C.E., supra (withdrawing original opinion of December 11, 2009, on rehearing ex mero motu). The mother then filed the present petition for a writ of certiorari with this Court seeking a review of the Court of Civil Appeals’ decision in the relocation action.

A few days after the Court of Civil Appeals issued its decision in T.C. v. C.E., the mother filed an action in the Baldwin Juvenile Court seeking a modification of custody (“the modification action”). See Ex parte T.C., 63 So.3d 627 (Ala.Civ.App. 2010). The father filed a motion to dismiss the modification action. Thereafter, the juvenile court entered a “status quo” order directing that the children remain in Alabama pending a final hearing in the modification action.

The father then filed a petition for a writ of mandamus with the Court of Civil Appeals. In his petition, the father contended that the juvenile court lacked jurisdiction to hear the modification action “because of [the Court of Civil Appeals’] opinion in [T.C. v. C.E.] and the pending certiorari proceedings in [this Court].” See Ex parte T.C., 63 So.3d at 630. The Court of Civil Appeals concluded, however, “that the mother’s modification action suffered] from a more fundamental jurisdictional defect.” Ex parte T.C., 63 So.3d at 630 (emphasis added). It concluded that the 2006 custody proceeding in which the father was awarded physical custody and the mother and the father were awarded joint legal custody had not involved an adjudication that A.M.C. and T.R.C. were dependent, delinquent, or in need of supervision. The Court of Civil Appeals further observed that juvenile courts no longer had subject-matter jurisdiction over custody proceedings filed after January 1, 2009, except in instances where the juvenile court had previously made an adjudication that the child was dependent, delinquent, or in need of supervision. See Ex parte T.C., 63 So.3d at 630; see also Ala.Code 1975, § 12-15-117.3 Accordingly, the Court of Civil Appeals correctly concluded that the juvenile court lacked subject-matter jurisdiction in the modification action. Based on this conclusion, the Court of Civil Appeals granted the father’s petition for a writ of mandamus, directed the juvenile court to vacate its “status quo” order, and ordered the juvenile court to dismiss the modification action. 63 So.3d at 631. The mother filed a petition for a writ of certiorari seeking our review of the Court of Civil Appeals’ decision in Ex parte T.C. This Court denied the mother’s petition, without an opinion. See Ex parte C.E. (No. 1091354, Sept. 10, 2010), 63 So.3d 627 (Ala.2010).

While considering the mother’s petition for certiorari review in the present case, i.e., the relocation action, and after review[690]*690ing the Court of Civil Appeals’ decision in the modification action, this Court became concerned that, as the Court of Civil Appeals had concluded in its opinion in the modification action, the juvenile court similarly lacked subject-matter jurisdiction to address the merits of the mother’s petition in the present case. Specifically, we were concerned that the juvenile court, and by extension the Court of Civil Appeals, lacked subject-matter jurisdiction in the present case to address what the Relationship Protection Act does or does not require procedurally (these requirements being nonjurisdictional in nature), whether the mother had correctly followed the procedural requirements under the Relationship Protection Act, and the nature of any substantive rights that might ensue to the father as a result of any unwaived or unexcused failures of the mother in this regard. See Jean v. Jean, 32 So.3d 1274, 1277 (Ala.2009) (repeating the well settled rules that a judgment entered without subject-matter jurisdiction is void and that a void judgment will not support an appeal). On July 6, 2010, this Court entered an order in this case requiring “that the Alabama Court of Civil Appeals reconsider the decision in T.C. v. C.E. ... in light of the decision in Ex parte T.C.”

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Bluebook (online)
91 So. 3d 687, 2011 WL 3211093, 2011 Ala. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ce-in-re-tc-v-ce-ala-2011.