Wootton v. Wootton

138 So. 3d 1253, 2014 WL 1911902
CourtLouisiana Court of Appeal
DecidedMay 14, 2014
DocketNo. 49,001-CA
StatusPublished
Cited by9 cases

This text of 138 So. 3d 1253 (Wootton v. Wootton) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wootton v. Wootton, 138 So. 3d 1253, 2014 WL 1911902 (La. Ct. App. 2014).

Opinion

GARRETT, J.

|,In this child custody matter, the father appeals from a district court judgment sustaining an exception of no jurisdiction in Ouachita Parish, which was filed by the mother, who has lived in Mississippi with the children since 2008. We affirm the district court judgment.

FACTS

James Leonard Wootton, III, and Melis-samarie Joy Newell married in East Baton Rouge Parish in 2001. Of this marriage, four children were born. The family was living in Caddo Parish when the parents separated in early November 2008, at which time the mother and the children moved to Mississippi. In fact, in the petition for divorce and determination of incidental matters filed by the father in Caddo Parish on November 24, 2008, he alleged that the mother was a Mississippi resident.

Pursuant to a consent judgment and joint custody implementation plan signed on November 20, 2009, the parties were awarded joint custody of the four children. The mother was designated as the domiciliary parent. The documents provided that the legal domicile of the children was the residence of the mother. The consent judgment provided that Louisiana “shall retain custody jurisdiction over all future custody litigation involving these parties and their children and child support issues.” The implementation plan had a similar provision. The parents divorced in May 2010.

In February 2012, the father filed a motion in Caddo Parish entitled “Motion for Transfer and Change of Venue,” requesting that the court transfer the case from Caddo to Ouachita Parish, where he now resides. The father relied upon the doctrine of forum non conveniens under La. C.C.P. art. 123. The father had the mother served under the Louisiana long-arm | ¡.statute as she was still residing in Mississippi. By a letter filed into the suit record on June 12, 2012, the mother — who was unrepresented — proposed that, instead of Ouachita Parish, the case be moved to the children’s home state of Mississippi. By judgment signed October 1, 2012, the father’s motion to transfer venue was granted. The Clerk of Court for Cad-do Parish was ordered to effectuate the transfer. Copies of documents contained in the Caddo Parish proceedings were filed with the Ouachita Parish Clerk of Court.

In January 2013, the father sought to modify the custody plan to designate him as the domiciliary parent. These pleadings were filed in Ouachita Parish. He alleged that he was now ■ a resident of Ouachita Parish and employed as a physician. He asserted that he had remarried and his current wife, who did not work, could provide care for the children. He also alleged that the living conditions provided by the mother for the children in Mississippi were unsuitable and that she was failing to communicate with him about the children’s well-being or report cards. He also contended that at least two of the children wanted to live with him. In addition to seeking a modification of the prior custody plan, he requested that the mother be held in contempt of court, sentenced to jail time and placed on probation.

The mother, now represented by counsel, answered and filed exceptions of prematurity, no jurisdiction, no cause of action and forum non conveniens. She denied all of the allegations made by the father and maintained in the exceptions that Mississippi, as the home state of the children, had jurisdiction and was the proper forum pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (“UC-CJEA”), La. R.S. |s13:1801 et seq. She also asserted that under La. R.S. 13:1819, Louisiana is an inconvenient forum. She further alleged that the father’s rule to [1255]*1255modify custody was filed only after she initiated “SES support proceedings” in Mississippi.1

A Hearing Officer Conference (HOC) was held on June 3, 2018. In her report, the hearing officer made the following recommendations:

(1) The exception of prematurity should be sustained due to the father’s failure to make the Caddo judgment executory in Ouachita;
(2) As to the exception of no cause of action, the father stated a cause of action; however, this is irrelevant if jurisdiction and venue are not proper in Oua-chita;
(3) The exception of no jurisdiction has merit. By the time the father filed his petition for divorce in November 2008, the mother and the children had already moved to Mississippi and the father made no objection to the move at that time. The children have lived in Mississippi for more than four years and it is now their home state under the UC-CJEA.
As to exclusive continuing jurisdiction under La. R.S. 13:1814, Ouachita Parish did not make the initial custody determination. Also, the children have only visited and never lived in Ouachita Parish. The signing of the transfer order indicated that Caddo Parish agreed that it was no longer the proper parish since none of the parties live there.
(4) The exception of forum non conve-niens has merit. The mother has always been the primary caretaker. She and the children have resided in Mississippi since before the first pleadings were ever filed, apparently with the father’s knowledge and consent. All pertinent evidence pertaining to the children and their current situation is in Mississippi. The only evidence in Oua-chita Parish pertains to visitation periods since the father moved there in July 2011. There is no compelling reason to make the mother and children come to Louisiana for a custody proceeding.

The father filed an objection to the HOC report. He argued that the mother moved to Mississippi without court consent. He also asserted that a |4prior request to transfer to Mississippi was denied in 2012 in Caddo Parish. He further cited the parties’ agreement in the 2009 consent decree that Louisiana would retain jurisdiction over all future custody matters and child support issues.

By judgment signed June 10, 2013, the district court in Ouachita Parish adopted the HOC report as its temporary order. The matter was set for hearing on July 30, 2013. At that time, the district court denied the exception of no cause of action but sustained the exceptions of prematurity and no jurisdiction. The exception of venue was deemed moot. In its oral reasons for judgment, the district court found that under the UCCJEA, Ouachita Parish could not assert jurisdiction over custody of these children who had never resided there. Also, since it did not make the initial custody determination, the court held that Ouachita Parish did not have continuing jurisdiction.

On August 13, 2013, the district court signed a judgment ruling on the exceptions and dismissing the matter at the father’s cost. In open court, it also clarified its reasons for judgment. In particular, it addressed La. C.C.P. art. 74.2 pertaining to venue in a proceeding for a change of custody. The article provides that, if the person awarded custody is no longer domiciled in the state, Venue may be appropriate where the custody decree was ren[1256]*1256dered or where the person seeking custody is domiciled. However, the court took note of the 1983 comment (c) to the article, which states that in such a case, jurisdiction would be based on the Uniform Child Custody Jurisdiction Act (“UCCJA”), the predecessor to the UCCJEA. The court observed that, under the provisions of the current UCCJEA, only Caddo Parish could have | ¡¡exercised continuing jurisdiction and it declined.

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Cite This Page — Counsel Stack

Bluebook (online)
138 So. 3d 1253, 2014 WL 1911902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wootton-v-wootton-lactapp-2014.