Ex Parte Siderius

144 So.3d 319 (Ala. 2013)

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Nature of the Case

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Facts

H and W entered into a common-law marriage in 2006. They lived with their children. In June 2009, W accepted an appointment with the Social Security Administration's Office of Disability Adjudication and Review (“ODAR”) to serve as an administrative law judge in the Portland, Oregon ODAR office. In July 2009, W moved with L.F. and M.F. to Portland to begin her new job. H thereafter joined the family in Portland. The family lived in Portland until March 2010. H would travel periodically to Alabama to manage rental properties he owns in Mobile. In February 2010, W sought a hardship transfer to the Spokane, Washington, ODAR office. In March 2010, the whole family relocated to Washington. On April 6, 2010, L.F. and M.F. were enrolled in the Spokane public schools, which they attended until June 2011, the start of that year's summer vacation. In May 2011, the parties retained a court-approved mediator to assist with the dissolution of their marriage and custody of the minor children. The parties agreed that M.F. would be in Alabama from June 17 to July 7 or 8, 2011, and would then return to Washington. L.F. would also be in Alabama from July 21 to August 6, and would then return to Washington. M.F. and L.F. traveled to Alabama as planned, and remained there with H. H purchased a plane ticket for M.F. to return to Spokane on August 11, 2011. On September 6 and 7, H transferred the school registration of both children, who had remained in Alabama, from Spokane to schools in Mobile. On August 11, 2011, H filed a child-custody petition and complaint for divorce in the Mobile Circuit Court. The Court signed an order granting H's emergency motion and awarding him custody of the children pendente lite. On August 15, 2011, W filed a petition in Spokane seeking dissolution of the marriage and custody of the minor children. The same day, the Spokane trial court issued an ex parte restraining order ordering H to return the minor children to Washington. W filed a limited appearance in Fordham's Mobile proceeding to challenge personal and subject-matter jurisdiction. The Spokane and Mobile courts held a telephone conference as required by the UCCJEA. The Mobile court issued an order finding that it had jurisdiction over W on the basis of her minimum contacts with Alabama. The court did not rule on the applicability of the UCCJEA to the proceeding. In December 2011, L.F. returned to Washington and has resided with W since that date. W filed a petition for a writ of mandamus. The Court of Civil Appeals denied it without an opinion. The Spokane court issued an order awarding custody of the children to W and finding, among other things, that Washington had jurisdiction under the UCCJEA because the minor children had lived with their parents in Washington for 17 months before the commencement of the child-custody proceeding in Alabama. W registered the Spokane court's custody determination and a motion for enforcement with the Mobile court. The Mobile court issued a brief order denying W's motion to enforce the Spokane court's custody determination. W petitioned the Court of Civil of Appeals for a writ of mandamus. It was again denied. W appealed.