Greenhough v. Goforth

126 S.W.3d 345, 354 Ark. 502, 2003 Ark. LEXIS 556
CourtSupreme Court of Arkansas
DecidedOctober 23, 2003
Docket03-93
StatusPublished
Cited by18 cases

This text of 126 S.W.3d 345 (Greenhough v. Goforth) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenhough v. Goforth, 126 S.W.3d 345, 354 Ark. 502, 2003 Ark. LEXIS 556 (Ark. 2003).

Opinion

Ray Thornton, Justice.

This appeal arises from the Washington County Circuit Court’s dismissal of a petition brought by appellant, Elenita Greenhough Duckett, against appellee, Ronald R. Goforth, to determine the paternity of her child, H.J., and to establish child support. The trial court dismissed appellant’s petition for lack of jurisdiction on the grounds that the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”), codified at Ark. Code Ann. § 9-19-101 et seq. (Repl. 2002), applied and that Arkansas was not the home state of H.J. We agree and affirm.

Appellant, who was born in the Philippines and later became an Australian citizen, and appellee, an American citizen residing in Fayetteville, began corresponding with one another in 1993. In May 1994, appellant and appellee met in Cebu, Philippines, where they became intimately acquainted and began a sexual relationship. During that time, appellant was married to Frank' Raymond Greenhough, an Australian citizen, and appellee was also married. Appellant and appellee never married each other.

In June 1994, appellant learned that she was pregnant, informed appellee of her pregnancy, and requested his assistance. On February 1, 1995, appellant gave birth to H.J. in the Philippines. In 1997, appellant and her husband, Frank Greenhough, together with H.J. moved from the Philippines to Australia.

On October 14, 1999, Frank Greenhough filed a Form 7 Application in the Family Court of Western Australia, seeking an order providing: (1) that H.J. reside with appellant and that appellant be responsible for day-to-day care; (2) that appellant and Greenhough retain joint responsibility for H.J.’s long-term care; (3) that Greenhough have reasonable access, or visitation, with the child; (4) mutual non-denigration orders; (5) that an injunction be entered, restraining appellant and Greenhough from removing H.J. from the State of Western Australia without the prior written consent of the other.

On November 22, 1999, appellant filed a Form 7A and 8A in response to Greenhough’s Form 7 application. She averred that Frank Greenhough was not the biological father of H.J., but that he signed H.J.’s birth certificate.

On December 1, 1999, the matter came before the Australian family court. The court granted appellant sole responsibility for the day-to-day care of H.J., joint responsibility for the long-term care of H.J., ordered visitation for Frank Greenhough for the following year, enjoined the parties from denigrating each other in the child’s presence, and enjoined the parties from removing H.J. from the State of Western Australia without the prior written consent of the other. On January 27, 2000, the family court ordered that Greenhough have supervised visitation with H.J. on specific dates.

On February 1, 2000, appellant filed an application for dissolution of marriage, or divorce, from Frank Greenough in Family Court of Western Australia. H.J. was included on the application as a child of the marriage, but on March 30, 2000, appellant submitted an affidavit in which she stated that appellee was “the biological father of my daughter.”

On March 27, 2000, a divorce decree called a Decree Nisi of Dissolution of Marriage was entered by the Family Court of Western Australia at Perth. The Australian decree provided:

The Court by order declared that it was satisfied that the child/ren named in the order is/are the only child/ren of the marriage who has/have not attained the age of eighteen years and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child/ren.

On June 8, 2000, the family court granted the removal of H.J. from Australia to the United States from June 14, 2000 to July 12, 2000. Appellant and H.J. left Australia on June 4, 2001, and Frank Greenhough learned that appellant and H.J. were planning on staying in the United States for an extended period of time. While in the United States, appellant remarried a man named Tom Duckett with whom she and H.J. now reside in Hodges, South Carolina.

On December 14, 2001, appellant filed a petition with the Washington County Circuit Court to determine paternity of H.J. and to award child support. In her petition, appellant named appellee as the father of H.J., but Frank Greenhough was not made a party to or notified of the Arkansas proceedings. Because appellant and H.J. reside in South Carolina, appellee moved to dismiss the petition, alleging that Arkansas was not the child’s “home state” under Ark. Code Ann. § 9-19-201 (Repl. 2002), and that the trial court lacked jurisdiction.

The trial court held a hearing on appellant’s motion for paternity testing and appellee’s motion to dismiss on June 6, 2002. At the hearing, appellee testified that'he had sexual relations with appellant, but did not believe he was the biological father of H.J. because he had a vasectomy in 1987 or 1988 without his wife’s knowledge. Appellee’s daughter filed an affidavit in which she stated that neither she nor her mother had knowledge of her father’s vasectomy. The court reserved ruling on the issue because it required the parties to retrieve the Australian court file.

The Australian court file was retrieved, and on August 26, 2002, a telephone conference was held between the trial court, the attorney for appellant, and the attorney for appellee. During the telephone conference, the trial court advised counsel that it was inclined to grant the motion to dismiss, but asked appellant’s attorney if his client would like a formal hearing to present evidence. Appellant’s attorney requested the formal hearing.

On August 27, 2002, Frank Greenhough filed an application in accordance with the Hague Convention on the civil aspects of international child abduction for the return of H.J. abducted from Australia. In the attachment to the application, Frank Greenhough stated that H.J. was taken out of Australia against the orders of the family court, and that he did not consent to the child remaining in the United States. Greenhough further stated that he has maintained contact via telephone with H.J. and has sent gifts to the child.

On August 29, 2002, appellee brought it to the trial court’s attention that Frank Greenhough filed an application for enforcement of the Australian visitation orders, pursuant to the Hague Convention.

On October 9, 2002, the Washington County Circuit Court held a hearing on the matter. At the hearing, appellant testified that she and H.J. left Australia on June 4, 2001. She further testified that she did not seek an Australian court order to take H.J. out of Australia at that time because, in her opinion, there were no existing orders, and the application for access had been discontinued.

The trial court granted appellee’s motion to dismiss based upon a finding that Arkansas was not the child’s home state under the UCCJEA. We agree with appellee’s first contention that the trial court properly dismissed the case because it did not have jurisdiciton to hear the case.

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Bluebook (online)
126 S.W.3d 345, 354 Ark. 502, 2003 Ark. LEXIS 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenhough-v-goforth-ark-2003.