In Re Marriage of Dedie and Springston

255 P.3d 1142, 2011 WL 2529720
CourtSupreme Court of Colorado
DecidedJune 27, 2011
Docket11SA80
StatusPublished
Cited by3 cases

This text of 255 P.3d 1142 (In Re Marriage of Dedie and Springston) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Dedie and Springston, 255 P.3d 1142, 2011 WL 2529720 (Colo. 2011).

Opinions

Chief Justice BENDER

delivered the Opinion of the Court.

I. Introduction

This original proceeding concerns an interstate child custody dispute between a divoreed mother and father. The parties' two children currently live in Colorado with their mother, Melissa J. Springston, and step-father. The boy is eleven years old, and the girl is nine years old. The father, Mark S. Dedie, lives in New York State. In this case, a New York family court referee ruled that New York no longer had exelusive, continuing jurisdiction over an initial child custody determination entered in New York, which gave primary physical custody of the children to the mother, because the children had not lived in New York for almost four years and all the information concerning the children was located in another state.

The father then filed a separate action in a New York Supreme Court, the equivalent of our district court, to modify the initial child custody determination. Although the mother moved to dismiss the action based on the family court referee's ruling that New York no longer had exclusive, continuing jurisdiction, the New York Supreme Court exercised jurisdiction and modified the initial determination, granting temporary sole custody of the children to the father. The father now asks Colorado to ignore the family court referee's ruling and enforce the New York Supreme Court's custody modification determination.

As with our recent decision in In re LS., 257 P.3d 201 (Colo.2011), this interstate child custody dispute requires us to determine whether Colorado is obligated to enforce a prior child custody determination rendered by a court in a sister state, here, the New York Supreme Court. To reach this determination, we follow controlling federal law, the Parental Kidnaping Prevention Act of 1980, 28 U.S.C. $ 1738A (2010) (PKPA). The PKPA extends the requirements of the Full Faith and Credit Clause to custody determinations and, thereby, furnishes a rule of decision for state courts to use in adjudicating interstate custody disputes.

We hold that, because the New York family court referee relinquished jurisdiction, the New York Supreme Court did not have jurisdiction according to New York law and, therefore, the New York Supreme Court did not exercise jurisdiction consistent with the PKPA. Consequently, the PKPA does not require Colorado to give full faith and eredit to the New York Supreme Court custody modification determination. Hence, we hold that Colorado is not required to enforce that order. We now make the rule to show cause absolute and remand the case to the trial court for proceedings consistent with this opinion.

II. Facts and Procedural History

The parties in this case divorced in 2004 in New York State, and a court of that state issued an initial custody determination awarding primary physical custody of the two children to the mother and granted the [1144]*1144father visitation rights. In 2006, the mother and the children moved to Massachusetts. The parties dispute whether the father agreed to the move.

In March 2010, seeking to enforce his visitation rights granted by the initial custody determination, the father filed an action to enforce visitation in the Supreme Court of Monroe County, New York. The parties agreed to have the matter heard and decided by a family court referee. The mother filed a motion to dismiss the action for lack of jurisdiction. At a June 2010 hearing, the referee granted the mother's motion to dismiss because of the length of time that the children had not lived in New York State and because all the information concerning the children was located in another state. In so ruling, the family court referee reasoned:

Even though the divoree was granted here in New York State and Mr. Dedie is back here, residing, I find that that New York mo longer has jurisdiction because of the length of time .... [The children] haven't been here in New York State since 10/06. They haven't resided here. New York State doesn't have jurisdiction, nor is it the proper jurisdiction for [this] matter.
The issue revolves around the best interest of the children. The children are an integral part of that. Any attorney for the children would need to have free and unhampered contact ... an attorney can't do it with the children being [in another state].
... All the information is [in Massachusetts] .... The children are there. At this point I am going to dismiss this for lack of jurisdiction here in New York State.

(Emphasis added). The family court referee then advised the father that he should file a petition for visitation in Massachusetts, and it advised the mother that "[ylou do not need to appear here in New York State on this matter any further." The mother and children then moved to Colorado in July 2010.

The father neither appealed the family court referee's determination dismissing the case for lack of jurisdiction nor filed a petition for visitation in Massachusetts. Instead, on September 30, 2010, (six months later) the father filed in the Supreme Court of Monroe County a motion seeking to hold the mother in contempt for failure to comply with the initial custody determination and to modify the initial determination to give the father custody of the children. The mother filed a motion to dismiss, arguing that the family court referee declined jurisdiction and dismissed the cased based on its decision that New York no longer had exclusive, continuing jurisdiction.

Despite the contrary ruling by the family court referee and without explanation, the Supreme Court held that it had "exclusive continuing jurisdiction to enforce and to modify" the initial custody determination. The Supreme Court then ordered the father be given temporary custody and primary physical residence of the children, and it directed the mother to deliver immediately the children to the father.

Because the mother and the children were living in Colorado, the father then petitioned the Denver district court to enforce the New York Supreme Court custody modification order. Referring only to the Supreme Court modification determination, the Denver district court determined that New York State had continuing, exclusive jurisdiction over the initial custody determination. It reasoned both that the Supreme Court's order "arises out of a proceeding that began in October 2010[, Hong before Colorado could have claimed jurisdiction," and that, when the Supreme Court modified the initial eusto-dy determination, it exercised jurisdiction in substantial conformity with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). As such, the Denver district court ordered the mother to turn over physical custody of the children to the father and authorized all Colorado law enforcement officers "to take whatever action may be necessary to compel [the mother's] compliance with this Order."

The mother then filed in this court an original action under C.A.R. 21, arguing that the New York Supreme Court lacked jurisdiction to modify the initial custody determination because the family court referee had previously determined that New York State [1145]*1145no longer had exclusive, continuing jurisdiction and, therefore, that Colorado was not required to enforce the subsequent New York custody modification order.

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Related

Responsibilities of W.F-L
2018 COA 164 (Colorado Court of Appeals, 2018)
In the Interest of Madrone
2012 CO 70 (Supreme Court of Colorado, 2012)
In Re Marriage of Dedie and Springston
255 P.3d 1142 (Supreme Court of Colorado, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
255 P.3d 1142, 2011 WL 2529720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-dedie-and-springston-colo-2011.