In the Interest of Madrone

2012 CO 70, 290 P.3d 478, 2012 WL 5910292
CourtSupreme Court of Colorado
DecidedNovember 27, 2012
DocketNo. 12SA222
StatusPublished
Cited by35 cases

This text of 2012 CO 70 (In the Interest of Madrone) 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 the Interest of Madrone, 2012 CO 70, 290 P.3d 478, 2012 WL 5910292 (Colo. 2012).

Opinion

Justice RICE

delivered the Opinion of the Court.

¶ 1 In this original proceeding under C.A.R. 21, Lorrena Madrone seeks review of an order of the Boulder County District Court determining that it has jurisdiction to [479]*479enter initial orders in a dispute concerning the allocation of parental responsibilities for four-year-old R.M.

¶ 2 We issued a Rule to Show Cause to decide whether the trial court erred when it assumed jurisdiction to make initial child custody determinations in this matter based on the parties' "inten[t] to indefinitely change their residence to Colorado" rather than based on the analysis required under the Uniform Child-custody Jurisdiction and Enforcement Act (CUCCJEA").

¶ 3 We hold that the trial court applied the incorrect legal standard when it concluded that jurisdiction is proper in Colorado. The trial court should have applied the jurisdictional test required under the UCCJEA as specified in section 14-18-201, C.R.S. (2012). Accordingly, we vacate the trial court's order, make the rule absolute, and remand for further proceedings consistent with this opinion.

I. Facts and Procedural History

¶ 4 Karah Madrone, Lorrena Madrone, and their four-year-old daughter R.M. moved from Oregon to Boulder, Colorado.1 Shortly after the move, the relationship between Ka-rah and Lorrena soured and the two separated. Lorrena had R.M. with her full time, and at first permitted visits between R.M. and Karah. Soon, Lorrena cut off contact between R.M. and Karah. Lorrena then took R.M. to New Mexico, and then to Oregon.

¶ 5 The parties agree that Lorrena and R.M. left Colorado less than six months from the time that they arrived. Karah remained in Colorado.

¶ 6 Karah filed several motions in the Boulder County District Court seeking allocation of parental responsibilities for R.M. The trial court issued a number of orders with respect to whether it had jurisdiction to allocate parental responsibilities. First, the trial court declined to exercise emergency jurisdiction under the Uniform Abduction Prevention Act. Second, the trial court determined that Colorado is not R.M.'s home state. Finally, in the June 21, 2012, order giving rise to the C.AR. 21 petition now before this Court, the trial court held that it had jurisdiction to determine initial child custody matters based on the parties' "inten{t] to indefinitely change their residence to Colorado."

¶ 7 We now review the trial court's assumption of jurisdiction and determine that whether the parties intended to reside in Colorado is not the test for jurisdiction under the UCCJEA; therefore, the trial court erred when it concluded that it had jurisdiction on these grounds. As such, we hold that the trial court failed to conduct the proper analysis as required under section 14-18-201 to determine whether it had jurisdiction to make an initial child custody determination.

II. C.A.R. 21 Jurisdiction

¶ 8 This Court may exercise original jurisdiction pursuant to C.A.R. 21 to provide extraordinary relief when appellate review will not provide an adequate remedy. CAR. 21; In re Marriage of Dedie, 255 P.3d 1142, 1145 (Colo.2011); In re Marriage of Hall, 241 P.3d 540, 542 (Colo.2010). In this case, properly deciding whether a Colorado court has jurisdiction under the UCCJEA is the necessary first step to determining the allocation of parental responsibilities for R.M. Moreover, the swift resolution of parenting time and decision making responsibility impacts the short- and long-term stability of R.M.'s life and her relationship with the parties. Under these circumstances, appeal is not an adequate remedy. Thus, we determine that it is appropriate to exercise our original jurisdiction in this matter. See In re Marriage of Dedie, 255 P.3d at 1145.

III. Analysis

A. - Standard of Review

¶ 9 The question of whether a trial court has jurisdiction over a child custody proceeding presents a question of law which this Court reviews de novo. Brandt v. Brandt, 2012 CO 3, ¶ 18, 268 P.3d 406, 410; In re L.S., 257 P.3d 201, 204 (Colo.2011).

[480]*480B. Jurisdiction Under Section 14-13-201

¶ 10 In Colorado, the UCCJEA governs whether a court has jurisdiction with respect to matters relating to the care and control of a child, including allocation of parental responsibilities. §§ 14-18-101 to -408, C.R.S. (2012). Particularly relevant to this case, Colorado's UCCJEA provides standards to guide the court in its determination of whether or not to exercise jurisdiction over initial child custody determinations in section 14-13-201.2 See also People ex rel. A.J.C., 88 P.3d 599, 608 (Colo.2004). The statute explicitly provides that, except in the event of an emergency,3 the jurisdictional grounds delineated offer the "exclusive jurisdictional basis for making a child-custody determination by a court of this state." § 14-18-2012). Absent emergency jurisdiction, a court must analyze the grounds set forth in section 14-13-201 to ascertain whether it has jurisdiction to make an initial child custody determination.

1. Home State Jurisdiction

¶ 11 The first step in determining whether the trial court has jurisdiction under the UCCJEA is to determine whether Colorado is the child's home state under the statute. § 14-13-201(1)(a). Section 14-18-102(7)(a), C.R.S. (2012), defines a child's home state for a child older than six months as "the state in which a child lived with a parent or a person acting as a parent for a least one hundred eighty-two consecutive days immediately before the commencement of a child-eustody proceeding." The statute goes on to explain that "[a] period of temporary absence of any of the mentioned persons is part of the period." Id. The UCCJEA prioritize home state jurisdiction for initial orders. § 14-13-201, official cmt. 1; In re L.S., 257 P.3d at 206-07 ("the UCCJEA prioritizes home state jurisdiction"); People ex rel. A.J.C., 88 P.3d at 609 (same).

¶ 12 Here, the trial court began a home state analysis. In its May 16, 2012, Order Regarding Respondent's Motion to Dismiss for Lack of Jurisdiction, it stated that, "it is undisputed that [R.M.] did not reside in Colorado for six months prior to the time the Petition for Allocation of Parental Responsibilities was filed in this case." The trial court then instructed the parties to appear for a hearing to determine whether the Colorado court had jurisdiction which it would determine by examining: (1) whether the parties intended to permanently relocate [481]*481to Colorado; and (2) whether another state had jurisdiction or had declined jurisdiction. From this order, we infer that the trial court held that Colorado is not R.M.'s home state. Because R.M. had not lived with a parent in Colorado for the six months preceding the petition for allocation of parental responsibilities, we agree that Colorado is not R.M.'s home state.

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Bluebook (online)
2012 CO 70, 290 P.3d 478, 2012 WL 5910292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-madrone-colo-2012.