ILNews

Justices: Indiana OK to dismiss jurisdiction

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT