Susan L. v. Steven L., 273 Neb. 24

Summary

The Supreme Court of Nebraska held that Nebraska lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act to modify a Canadian custody order because the Canadian court retained exclusive continuing jurisdiction. The court rejected the appellant's arguments that the Hague Convention and its implementing statute preempted the UCCJEA, concluding that no Hague Convention action involving the child had been brought. The court also upheld the challenged UCCJEA provisions against claims under the Nebraska Constitution and affirmed the district court.

Holdings

1. Nebraska lacked jurisdiction to modify the Canadian custody determination because the UCCJEA treats Canada as a state, and the Canadian court retained exclusive continuing jurisdiction while Steven continued to reside there and had not ceded jurisdiction.
2. The Hague Convention and ICARA did not preempt the UCCJEA because they were not applicable to the controversy.
3. Neb. Rev. Stat. §§ 43-1230 and 43-1240 did not violate article V, sections 1 or 9, of the Nebraska Constitution.
4. The UCCJEA did not violate article V, section 19, of the Nebraska Constitution because it applies uniformly to Nebraska district courts.
5. Application of the UCCJEA did not violate Susan's due process or equal protection rights under article I, section 3, of the Nebraska Constitution.

Questions Presented

1. Whether Nebraska had jurisdiction under the UCCJEA to modify the Canadian custody, visitation, paternity, and support orders.
2. Whether the Hague Convention or ICARA preempted the UCCJEA's jurisdictional provisions.
3. Whether the UCCJEA violated article V, sections 1 and 9, of the Nebraska Constitution by limiting the district court's chancery jurisdiction.
4. Whether the UCCJEA violated article V, section 19, of the Nebraska Constitution by making Nebraska jurisdiction contingent on a foreign court's decision.
5. Whether application of the UCCJEA violated due process or equal protection under article I, section 3, of the Nebraska Constitution.

Disposition

affirmed