Snow v. Snow

74 P.3d 1137 (2003)

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Nature of the Case

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Facts

Travis Snow (F) and Rachel Holmen (M) are the parents of 'S' who is now nine years old. P is F's mother and S's paternal grandmother. P acted as S's primary caregiver from mid-1995 until June 2001. In 1995, F and M were divorced in North Dakota. The North Dakota judgment and decree of dissolution awarded F 'sole legal and physical custody of' S while specifying that mother 'shall have reasonable visitation rights.' F moved to Oregon, leaving S with P in North Dakota. In 1997, P moved with S to Oregon to join F. M remained in North Dakota and, except for a brief move to Florida, has continued to live there at all material times. In June 2001, P suspected child abuse. F removed S from P's home and took her to California. F subsequently took S to England, where she lives with F's half-sister. In July 2001, P filed a petition seeking custody of S. P argued that Oregon had jurisdiction, because she, S, and F had lived there for four years, and S had spent his formative years there. F claimed that Oregon did not have jurisdiction because North Dakota was the original custody jurisdiction and M still lived there. The court dismissed the petition as North Dakota had continuing jurisdiction under UCCJEA. P appealed.