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Court rules on transfer to California court

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The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.

In Mahmoud M. Basileh v. Arwa G. Alghusain, No. 29S02-0810-CV-584, father Mahmoud Basileh appealed the trial court's transfer of visitation, custody, and child support matters to Superior Court of Monterey County, Calif., where mother Arwa Alghusain relocated with their children shortly after the couple divorced in Hamilton County, Ind. Basileh had also moved overseas to take care of his mother and no longer lived in Indiana. He objected to Alghusain's petition to transfer jurisdiction and he never filed a written consent to the transfer. The Indiana Court of Appeals affirmed, finding Basileh was no longer a resident of the state within the meaning of the FFCCSOA and that act preempts the UIFSA because of a conflict between the two statutes.

The high court summarily affirmed the Court of Appeals' determination concerning residency and examined the preemption issue in its opinion released today. The justices examined the history behind the acts and Indiana's adoption of its UIFSA and concluded that Congress didn't intend for the FFCCSOA to preempt the UIFSA and that it appeared the FFCCSOA was intended to follow the contours of UIFSA, wrote Justice Robert Rucker. In addition, the nonresidency requirement and consent requirement of Indiana's version of the UIFSA are closely modeled after the federal version of the UIFSA.

The Court of Appeals interpreted the Indiana statute to say for the state to no longer retain jurisdiction, both the nonresidency requirement and the written consent requirement must be met. But the Supreme Court found this part of the statute to be ambiguous and looked to legislative intent. The UIFSA contains a consent requirement from both parties that the FFCCSOA does not, the justice noted.

The justices found the language in the federal act to be a strong indicator of the legislative intent when it enacted the Indiana statute in that the nonresidency requirement and the consent requirement of the statute are separate and alternative methods by which an Indiana court may maintain its continuing, exclusive jurisdiction over a child support order. As such, both the absence of the parties and consent before a court loses jurisdiction isn't required.

"In this case it is of no moment that the parties did not file a written consent with the Indiana court for the California court to modify the Indiana support order. Rather, the Indiana court lost its jurisdiction because Father, like Mother and the children, is no longer an Indiana resident," wrote Justice Rucker.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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