afatherschild
New Member
A recent (and comprehensive) modification order was issued by the Georgia courts relating to an application by the mother (now habitually resident in Georgia) for a wholesale modification of child custody, parenting time and contact order: the original terms of which were originally ordered in England. The rights granted to Father and child under the England order are now being violated and Father/daughter are being deprived of their rights to frequent contact, agreed to prior to the relocation of the child. (There are no allegations of violence, abuse, or any red flags warranting such a decrease in contact).
Under UCCJEA, the foreign court's order must be given full faith and credit, unless certain provisions apply: one of which is for the explicit relinquishing of subject matter jurisdiction from the "home state" court - in this case England. The England courts did not relinquish subject matter jurisdiction prior to these proceedings for a modification of the England order. However, the child is no longer habitually resident in England, and arguably the England court no longer has explicit jurisdiction. The child's father and larger paternal family are habitually resident in England, the child spends significant quantities of time in England with her family, maintains strong ties to the community and is also an England citizen. Neither mother nor child are US citizens.
Currently, the Georgia modification order is in full effect until it can be set aside. During this period, Father and child's rights will be diminished and both direct and indirect contact limited, and wholly inappriopriate to maintain relationships with father and family.
To what extent, and what is the process (if any) will the Georgia court then follow to request the English court to relinquish subject matter jurisdiction? Will Father be in a position to seek enforcement of the original order from England courts, and to argue that the English courts should maintain jurisdiction so as not to permit the Georgia courts to make such unjustifiable, contemptuous and wrongful modifications?
Under UCCJEA, the foreign court's order must be given full faith and credit, unless certain provisions apply: one of which is for the explicit relinquishing of subject matter jurisdiction from the "home state" court - in this case England. The England courts did not relinquish subject matter jurisdiction prior to these proceedings for a modification of the England order. However, the child is no longer habitually resident in England, and arguably the England court no longer has explicit jurisdiction. The child's father and larger paternal family are habitually resident in England, the child spends significant quantities of time in England with her family, maintains strong ties to the community and is also an England citizen. Neither mother nor child are US citizens.
Currently, the Georgia modification order is in full effect until it can be set aside. During this period, Father and child's rights will be diminished and both direct and indirect contact limited, and wholly inappriopriate to maintain relationships with father and family.
To what extent, and what is the process (if any) will the Georgia court then follow to request the English court to relinquish subject matter jurisdiction? Will Father be in a position to seek enforcement of the original order from England courts, and to argue that the English courts should maintain jurisdiction so as not to permit the Georgia courts to make such unjustifiable, contemptuous and wrongful modifications?