Spies v. Carpenter

Summary

The Supreme Court of Georgia held that a trial court may dismiss the child-custody portion of a divorce case under the Uniform Child Custody Jurisdiction and Enforcement Act’s inconvenient-forum provision, but may not dismiss the divorce action on that basis without expressly applying and analyzing the separate forum non conveniens statute. The court affirmed the determination that California was the more appropriate forum for custody proceedings. It reversed the dismissal of the divorce case and affirmed in part and reversed in part.

Holdings

1. A trial court may dismiss the child-custody portion of a case under the UCCJEA's inconvenient-forum provisions, but it may not use OCGA § 19-9-67 to dismiss the divorce action as well. The trial court therefore erred in dismissing the divorce portion of husband's petition.
2. The trial court's dismissal could not be upheld on the alternative ground that husband failed to satisfy Georgia's six-month residency requirement because the trial court dismissed solely on forum non conveniens grounds and made no residency findings.
3. The trial court did not abuse its discretion in determining that California was the more appropriate forum for the child-custody portion of the case.

Questions Presented

1. Whether a Georgia trial court may dismiss an entire divorce petition under OCGA § 19-9-67(a) based on forum non conveniens when the petition includes child-custody claims.
2. Whether the Fulton County Superior Court abused its discretion in determining that California was the more appropriate forum for the child-custody portion of the case.

Disposition

reversed_and_remanded