Scott v. Somers

Facts

Congress enacted the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A, to avoid jurisdictional competition and conflict in matters of child custody and visitation and to promote cooperation between state courts. They all resided in Connecticut until February or March 2001, when they moved to Melbourne, Florida. On November 19, 2002, M filed a motion for temporary relief, and a Florida court found Florida to be the child's home state and granted M temporary primary custody of the child subject to the visitation rights of F. On August 31, 2004, F filed an action for custody of the child in New Haven Superior Court. F represented that the child had resided with him in Connecticut since May 2003, that both he and the child have a significant connection to Connecticut and that there is substantial evidence in Connecticut concerning the child's present or future care, protection, training, and personal relationships. F also informed the court that M had been awarded temporary custody of the child by a Florida court. On October 14, 2004, citing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Connecticut court issued an order awarding temporary custody of the child to F 'until further order of the court regarding jurisdiction.' After a joint conference call, the courts recognized that there was a factual dispute as to the circumstances of the child's presence in Connecticut, and they did not agree which state had jurisdiction. On November 12, 2004, the Connecticut court issued an order retaining jurisdiction over this case and the minor child and, on November 29 and 30, 2004, held a final hearing on F's application for custody. The court exercised jurisdiction in accordance with General Statutes and the UCCJEA, awarded permanent sole legal and physical custody of the child to F, subject to visitation by M. M appealed.  

Issues

Rule of Law

Holding and Decision

Legal Analysis

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