Solomon v. Solomon

701 A.2d 1199, 118 Md. App. 96, 1997 Md. App. LEXIS 161
CourtCourt of Special Appeals of Maryland
DecidedOctober 31, 1997
DocketNo. 1856
StatusPublished
Cited by4 cases

This text of 701 A.2d 1199 (Solomon v. Solomon) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Solomon v. Solomon, 701 A.2d 1199, 118 Md. App. 96, 1997 Md. App. LEXIS 161 (Md. Ct. App. 1997).

Opinion

DAVIS, Judge.

On September 19, 1996, a hearing was held in the Circuit Court for Anne Arundel County on a Complaint to Modify Visitation and Petition for Contempt filed by appellant/erossappellee Clifford Todd Solomon (Father) and a Motion to Dismiss filed by appellee/cross-appellant Barbara Kaplan Solomon (Mother). On October 11, 1996, the Circuit Court for Anne Arundel County granted Mother’s Motion to Dismiss Father’s Complaint to Modify Visitation with the parties’ son, Jacob. Although the court concluded in its memorandum accompanying its order that it had subject-matter jurisdiction over custody and visitation of Jacob, it declined to exercise its jurisdiction. The circuit court decided that the State of New York is the most convenient forum in this case and dismissed Father’s complaint.

By Supplemental Order dated October 24, 1996, the court clarified its Memorandum Opinion and Order, stating that only Father’s Complaint to Modify Visitation was dismissed and that the ruling on his Petition for Contempt is the subject of another separate order. By another order dated October 24, 1996, the court found Mother in contempt for failing to allow visitation in accordance with the terms of the parties’ Voluntary Separation and Property Settlement Agreement (Agreement). In addition, the court ordered Mother to pay $1,912 as contribution towards counsel fees incurred by Father. Father filed a Notice of Appeal from the Order of October 11, 1996 and Supplemental Order of October 24, 1996 and a Motion for Stay of Order on October 25, 1996. By Order dated November 19, 1996, the court stayed its October 11, 1996 order [100]*100pending this appeal. On November 20, 1996, Mother filed a Notice of Cross-Appeal from the October 24, 1996 Order in which she was found in contempt and ordered to pay counsel fees. Father presents the following issues for our review, which we restate below:

I. Whether the trial court committed reversible error when it applied the wrong standard in declining to exercise jurisdiction.

II. In the alternative, whether the trial court erred when it found that New York is the most convenient forum, without evaluating the relevance of the evidence to the issues involved.

In addition, Mother’s cross-appeal presents the following question, which we restate below:

III. Did the Circuit Court for Anne Arundel County have jurisdiction to find appellee in contempt of court where the child visitation orders at issue were those of the Circuit Court for Baltimore City, rather than the Circuit Court for Anne Arundel County?

FACTS

The parties’ child, Jacob, was born in Maryland on October 17, 1989. In July 1990, the parties moved to New York so that Father could complete a one-year fellowship at a hospital in Manhattan. Following Father’s completion of his fellowship, the parties moved to Switzerland in July 1991, where Father began an apprenticeship at the University Hospital in Zurich. Throughout this period of time, the parties maintained ownership in a condominium in Maryland and Mother testified that she expected that the family would eventually return to Maryland so that Father could complete his residency.

In December 1991, Mother and Jacob traveled to New York from Switzerland to visit family and friends. Father declined to go on the trip. In January of 1992, Father commenced an action for divorce in the Circuit Court for Baltimore City. Mother and Jacob did not return to Switzerland and, for the [101]*101next ten months, they lived with Jacob’s maternal grandmother in Rosalyn Harbor, New York. On January 23, 1992, Mother filed an action for divorce in New York, but the action was dismissed when the New York court determined that it lacked jurisdiction.

On June 30, 1993, the Circuit Court for Baltimore City entered a Judgment of Absolute Divorce, which incorporated a Separation Agreement that the parties had executed. The Agreement granted Mother primary physical custody of Jacob and granted Father, inter alia, three weeks visitation in the summer and two weekends a month, one weekend in Maryland and one weekend in New York. Since the parties’ Judgment of Absolute Divorce, they have appeared before the Circuit Court for Baltimore City twice for hearings pertaining to Mother’s breach of the parties’ Agreement. Following a hearing on January 21,1994, the parties were able to reach an agreement. At the second hearing on November 10,1994, the court found Mother in contempt and ordered her to contribute to Father’s counsel fees. Then, in May 1994, Mother filed a request in the Supreme Court of New York, County of New York, to modify support and visitation, but the court denied Mother’s request, deferring to the Maryland court’s jurisdiction.

On March 25, 1996, Father filed in the Circuit Court for Anne Arundel County a Complaint to Modify Visitation, asking the court to grant him, inter alia, visitation with Jacob for the whole summer. In addition, Father filed a Petition for Contempt on May 23, 1996 and on July 5, 1996, alleging that Mother repeatedly breached the Agreement by denying Father phone contact and visitation. On May 23, 1996, Mother filed in the Family Court of New York a Petition for Modification of a Judgment of Another Court, requesting the court to modify the June 30, 1993 Judgment of Absolute Divorce of the Circuit Court of Baltimore City. On June 26, 1996, the Family Court of New York stated that it would stay the action pending the resolution of this case in Maryland.

[102]*102On June 3, 1996, Mother filed a Motion to Dismiss Father’s Complaint to Modify Visitation, alleging that the Circuit Court for Anne Arundel County was “an inconvenient forum to make custody and visitation determinations and that the Family Court of the State of New York, County of New York is a more appropriate forum.” Father filed an opposition to the motion on June 12, 1996. On September 19, 1996, a hearing was held in the Circuit Court for Anne Arundel County on the Motion to Dismiss for lack of subject-matter jurisdiction and on the Petition for Contempt.

At the hearing, the parties testified to the following facts. Father currently resides in Severna Park, Maryland with his wife Bernadette, and he contends that he has lived continuously in Maryland, with the exception of his one-year fellowship in New York and stay in Switzerland. Jacob visits Father in Maryland one weekend a month, three weeks during the summer, and one week during the rest of the year, as well as alternating holidays. Jacob’s paternal grandparents live in Maryland.

Mother and Jacob currently reside in New York City where Jacob attends school. At the time of the trial, Jacob was in the first grade. Mother notes that Jacob’s teachers, rabbi and temple, doctors, and dentist are all in New York City. In addition, Jacob attends a children of divorce group in New York City and his maternal relatives are all in New York. Mother testified that Jacob’s maternal grandmother sees Jacob three to four times a week. Jacob also has many friends in New York City with whom he interacts on a regular basis.

By Memorandum Opinion and Order dated October 11, 1996, the trial court found that it had jurisdiction over visitation of Jacob because all of the prerequisites of F.L. § 9-302(a) were satisfied. The court, however, stated that “it may decline, in its discretion, to exercise its jurisdiction if it finds that Maryland is an inconvenient forum, pursuant to Family Law Article § 9-207.” After considering several factors set out in F.L.

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Bluebook (online)
701 A.2d 1199, 118 Md. App. 96, 1997 Md. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-solomon-mdctspecapp-1997.