HILLER HILLER vs

ELAINE Craig.
COURT OF APPEALS Massachusetts
6 August 1996 argued
17 October 1996 decided to

On 4 January 1996 gave father a “motion for dissolution of marriage and other relief” in the Circuit Court for the Twentieth Judicial Circuit, Collier County, Florida, search, among other things, that the court’s jurisdiction in Florida over issues of custody and support Exercise After Florida Stat § 61.1308 (1) (a) (2) and (1) (b), passed the uniform custody jurisdiction law in Florida. The mother put the current Board of Massachusetts for the care and support at the 12th March 1996, and the father moved to the Board on 26 Released in March 1996. A probate court judge rejected the request of the Father and entered a restraining order granting custody to the mother and ordered that the children not removed from Massachusetts. A single judge of that court granted Father’s request for a preliminary injunction appeal against the refusal of the order file motion to dismiss, and ordered the father.

Problem:

Whether the trial court in dismissing the father’s application be dismissed for lack of jurisdiction

wrong here, the Probate Court asked the Second Court of a dispute about the custody rule, and therefore, the competency requirements meet the PKPA. A judge in Florida ruled custody under § 1738A (a) of the PKPA and specifically requested that the probate court to exercise its jurisdiction to move. The Florida court retain jurisdiction if it meets the competence requirements of both the PKPA and state law. Although children do not live in Florida, 25 April 1996, the exercise of jurisdiction under § 1738A Florida was retained (c) (2) (A) and (E), (d) the PKPA because the father remained in Florida. The Florida court found that Florida was the home state of children and that the Florida court had jurisdiction. Implicit in this assumption is the judge of the Florida version of the father of the facts. We consider this result as a determinant under Florida law. Probate court may have jurisdiction under § 1738A (g) of the PKPA, that “the court of a state its jurisdiction exercised in a proceeding for a custody decision will practice began during the existence of the proceedings before a court of another State where such court of that other jurisdiction in accordance with the provisions of this section to a custody decision making

The Decree of 26 April 1996 Previous instruction to dismiss the defendant the complaint or to decline jurisdiction reversed decision is to give the Court dismissed for lack of jurisdiction

Warning: ..

These summaries are presented by the Group of SIRS law. They represent the views of the informal practice of the judge’s opinion. The opinions of origin should be consulted for their authoritative content

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