Matter of Shelby C.V. v. Joshua W.K.

Summary

The Appellate Division, First Department reversed a Family Court order dismissing a mother's custody petition for lack of jurisdiction. The court held that Family Court failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act's requirements to communicate with the Ohio court handling a related proceeding and to place that communication on the record. The court also held that Family Court failed to consider whether temporary emergency jurisdiction was necessary in light of allegations of domestic violence.

Holdings

1. When a custody-related proceeding is pending in another state, Family Court must comply with the Uniform Child Custody Jurisdiction and Enforcement Act by communicating with the other court, making a record of the communication, and informing the parties. The failure to do so was reversible error.
2. Family Court must consider whether temporary emergency jurisdiction is necessary to protect the mother and child when the circumstances, including serious domestic-violence allegations, warrant that consideration.
3. The court rejected the father's argument that Family Court's failure to communicate with the Ohio court and place the proceedings on the record was harmless error.

Questions Presented

1. Whether Family Court was required to communicate with the Ohio court after learning that a custody-related proceeding was pending there and to make a record of that communication and inform the parties.
2. Whether Family Court was required to consider exercising temporary emergency jurisdiction to protect the mother and child in light of the serious domestic-violence allegations.
3. Whether the failure to communicate with the Ohio court and place the proceedings on the record could be treated as harmless error.

Disposition

reversed_and_remanded