ILNews

Justices: Indiana OK to dismiss jurisdiction

Jennifer Nelson
January 1, 2008
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In an Indiana custody case that started before a married couple's only child was born, the Indiana Supreme Court ruled that either Indiana or the state where the child was born could have jurisdiction over proceedings. The Indiana trial court dismissed proceedings in favor of Washington State, where the child was born, as a more convenient forum, clearing the way for that state to take over jurisdiction.

The issue in Anthony N. Stewart v. Signe L. (Stewart) Vulliet, No. 12S02-0708-CV-331, is whether Indiana could dismiss the child custody proceedings between Anthony Stewart and Signe Vulliet and allow Washington to take over the proceedings.

Stewart and Vulliet were married and lived in Washington before moving to Indiana. While Vulliet was pregnant and still living in Indiana, she filed for divorce and moved back to Washington after living in Indiana for only six months. Their daughter, A.S., was born in Washington in 2004 and for nearly two years, the Indiana trial court issued several orders pertaining to the child's custody.

In April 2006, Vulliet asked the Indiana court to dismiss custody and visitation issues, arguing Indiana was an inconvenient forum. The court granted the motion, even though it ruled she had waived her right to claim forum inconvenience, and decided Washington was better suited to resolve the dispute because it was the child's home state and it had a closer connection with the child and witnesses concerning the child's welfare.

The Indiana Court of Appeals reversed the trial court decision, ruling Indiana is a more convenient forum and Vulliet had waived any claim that Washington was the daughter's home state.

The Indiana Supreme Court examined the Uniform Child Custody Jurisdiction Law (UCCJL) to determine if Indiana ever had jurisdiction over the child. The provisions in the law dictate what happens only after a child is born, so the Supreme Court looked to other courts to determine what to do when cases are filed before a child is born.

The high court determined that both states could have jurisdiction over the child. Under Indiana Code, jurisdiction is conferred to Indiana if a child doesn't have a home state and it's in the best interest of the child for Indiana to assume jurisdiction. Before the child was born, she didn't have a home state, so it was justified for Indiana to have jurisdiction.

However, once the baby was born in Washington, that state became her home state and they had concurrent subject-matter jurisdiction to determine custody, wrote Chief Justice Randall T. Shepard.

"Despite that A.S., being unborn, did not have a home state nor close connections with the state of Washington when the proceeding was commenced, the trial court can still properly consider these factors when determining whether to dismiss the action for forum inconvenience because the UCCJL authorizes a court to decline exercising jurisdiction 'any time before making a decree,'" wrote Chief Justice Shepard.
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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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