Jackson v. Sanomi

The superior court lacked jurisdiction to modify the foreign jurisdiction's custody order since the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act were not met and the circumstances did not warrant the exercise of temporary emergency jurisdiction.

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In this habeas corpus child custody case, appellant mother appeals from an order of the DeKalb County Superior Court refusing to modify a foreign jurisdiction’s award of custody to appellee father. Because the superior court lacked jurisdiction to modify the award of custody, we affirm.

In 2007, a New Jersey court entered an order awarding sole custody of the parties’ minor child to father. At that time, the child was five years old. Following entry of the New Jersey order, father and child have been living in Nigeria; mother has been living in Georgia. In 2012, father and mother agreed that the child would visit mother from June 15, 2012 until August 1, 2012. When the visitation period expired, mother refused to return the child to father, claiming child, who is now ten years old, pleaded to stay with her because he was afraid of ongoing violence near his home and school in Nigeria. Father sought and the New Jersey court granted an ex parte order requiring mother to surrender the child to father. Days later, father filed a habeas corpus petition in the DeKalb County Superior Court for the child’s return. Admitting father was entitled to legal custody pursuant to the New Jersey order, mother responded to father’s petition for habeas corpus by seeking a modification order changing custody. The superior court determined it was without jurisdiction to modify the New Jersey custody award and ordered mother to deliver the child to father’s representative.

Jackson v. Sanomi

The superior court lacked jurisdiction to modify the foreign jurisdiction's custody order since the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act were not met and the circumstances did not warrant the exercise of temporary emergency jurisdiction.

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