Nature Of The Case

This section contains the nature of the case and procedural background.

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.

Issues

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Holding & Decision

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Legal Analysis

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