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. 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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