My ex transferred venue of our case from Florida to nc in 2007 as she had relocated there and I had relocated to tn. In 2009 she moved back to Florida but never changed the venue back to Florida. I recently got 2 of our 3 children for visitation, and the children ages 14 and 16 have made allegations of abuse by her current husband. She refused to follow the court order and meet half way to pick the children up from visitation. School statrted in both states and I was forced to obtain temporary guardianship from tn to enroll the children in school. She drove from Florida to nc and filed a motion to show cause for contempt even though she still resides in Florida and has for over 3 years. Can I file a motion for dismissal of the contempt motion based on the fact that North Carolina does not have personal jurisdiction and neither party has any ties to the state of North Carolina? She is now claiming that she has moved back to North Carolina as of last week, but her home landline phone in Florida is still hooked up and operational.

Nc would still have jurisdiction, does not matter, she has not movedit.

If the children are living with you long enough to establish residence, you can try to get it moved to your state.

What she filed was a request that you be held in contempt by NC for violating the agreement they issued. I think you have sufficient grounds to show why you shouldn't be held in contempt. You respond to the NC showing that she violated the visitation agreement by refusing to meet halfway and that, since she has resided in FL for the last three years, you didn't believe NC had jurisdiction. You can request a telephone appearance at the hearing.

I had consulted several NC attorneys prior to her filling her motion becausr I was going to File for custody in NC, but all the attorneys told me I could not file because NC no longer had jurisdiction and that the only thing I could file for is a change of venue. Can I now file for custody since she has filed her motion in NC?

Under what grounds or statute did they say, NC no longer had jurisdiction? But if you have legal opinions to that affect, then you can use that as part of your showing cause why you shouldn't be held in contempt.

My guess, is that, if NC wants to retain jurisdiction, then you can show sufficient cause not to be held in contempt and if they rule they have jurisdiction then you file for custody there.

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Originally Posted by TNTZIM

... Can i file a motion for dismissal of the contempt motion based on the fact that north carolina does not have personal jurisdiction and neither party has any ties to the state of north carolina? ....

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Such a motion should not be granted, in my opinion. At some point, North Carolina had jurisdiction over the case and the parties. It doesn't loose that jurisdiction over either of you simply because your ex wife moved away.

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Originally Posted by scottgem

under what grounds or statute did they say, nc no longer had jurisdiction? But if you have legal opinions to that affect, then you can use that as part of your showing cause why you shouldn't be held in contempt.

My guess, is that, if nc wants to retain jurisdiction, then you can show sufficient cause not to be held in contempt and if they rule they have jurisdiction then you file for custody there.

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I was told that based on the fact that she had not resided in the state of nc for over 3 years. That the universal jurisdiction code, and that nc general statutes 50a articles 201 and 202 state that nc has to be the home state on the date of the commencement of the preceedings or that nc was the home state 6 months prior to the commencment of the preccedings which did not apply since Florida would be deemed the home state and since neither party had any relevant ties to the state of nc other than mere physical presence.

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Originally Posted by TNTZIM

I had consulted several NC attorneys ... all the attorneys told me... the only thing I could file for is a change of venue. ...

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Change of venue would not be the proper term. That term would be used to denote a change from one court in a state (North Carolina, for example) to another court in the same state, for reasons of convenience, etc.

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Originally Posted by ak lawyer

such a motion should not be granted, in my opinion. At some point, north carolina had jurisdiction over the case and the parties. It doesn't loose that jurisdiction over either of you simply because your ex wife moved away.

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North caroloina was not the original state where the divorce took place. The divorce took place in Florida and the venue was transferred to North Carolina because she moved to that state and I moved out of Florida to Tennessee. She deliberatley would not transfer the case back to Florida to keep me from trying to file any paperwork against her for constantly violating the court ordered visitation rights.

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Originally Posted by TNTZIM

i was told that based on the fact that she had not resided in the state of nc for over 3 years. That the universal jurisdiction code, and that nc general statutes 50a articles 201 and 202 state that nc has to be the home state on the date of the commencement of the preceedings or that nc was the home state 6 months prior to the commencment of the preccedings which did not apply since florida would be deemed the home state and since neither party had any relevant ties to the state of nc other than mere physical presence.

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You are referring to the UCCJEA. It's legislation which has been adopted in all three states (almost all of the states have adopted it actually.)

"...
Modification of custody determination

Once a custody determination has been made, a court of another state does not have authority to modify the determination, unless the state with jurisdiction determines that it does not have jurisdiction as noted above, or any state court determines that the child, parents, and any acting parents do not reside in the state which currently has jurisdiction... "

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Originally Posted by TNTZIM

... . She deliberatley would not transfer the case back to florida to keep me from trying to file any paperwork against her for constantly violating the court ordered visitation rights.

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Why didn't you "transfer" it to Florida?

Or Tennessee? If, as you say, she still doesn't reside in North Carolina, the Tennessee courts can determine that neither Florida nor NC have jurisdiction.

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Originally Posted by TNTZIM

i was told that based on the fact that she had not resided in the state of nc for over 3 years. That the universal jurisdiction code, and that nc general statutes 50a articles 201 and 202 state that nc has to be the home state on the date of the commencement of the preceedings or that nc was the home state 6 months prior to the commencment of the preccedings which did not apply since florida would be deemed the home state and since neither party had any relevant ties to the state of nc other than mere physical presence.

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I'm not sure if the correct interpretation of 201 and 202 is being made. When she transferred jurisdiction to NC, she did reside there. That was the proceedings that had to commence while she resided there. The proceeding to find you in contempt remains in NC because its an outgrowth of the proceeding to change jurisdiction.

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Originally Posted by TNTZIM

north caroloina was not the original state where the divorce took place. The divorce took place in florida and the venue was transferred to north carolina because she moved to that state and i moved out of florida to tennessee. She deliberatley would not transfer the case back to florida to keep me from trying to file any paperwork against her for constantly violating the court ordered visitation rights.

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However, being that TN has issued a temporary order, it might be said that Tn has determined that NC nor longer has jurisdiction.

In any case, you have to respond to the NC order to show cause. As I said earlier, I think you have plenty of grounds to to show why you should not be found in contempt and to get the NC case dismissed.

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Originally Posted by ak lawyer

why didn't you "transfer" it to florida?

Or tennessee? If, as you say, she still doesn't reside in north carolina, the tennessee courts can determine that neither florida nor nc have jurisdiction.

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Tennesse has determined that Florida is the home state, and I did try to get the case transferred, but she is now stating that she has moved back to nc but has no address and no lease agreement showing she has a physical residence in the state of nc

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Originally Posted by scottgem

i'm not sure if the correct interpretation of 201 and 202 is being made. When she transferred jurisdiction to nc, she did reside there. That was the proceedings that had to commence while she resided there. The proceeding to find you in contempt remains in nc because its an outgrowth of the proceeding to change jurisdiction.



However, being that tn has issued a temporary order, it might be said that tn has determined that nc nor longer has jurisdiction.

In any case, you have to respond to the nc order to show cause. As i said earlier, i think you have plenty of grounds to to show why you should not be found in contempt and to get the nc case dismissed.

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Tn did hear testimony from my 2 children when I was granted temporary guardianship over them, and has determined that Florida is the home state of the children. I was in the process of getting an attorney to file custody paperwork in the Florida court system when she ran to nc and filed the order to show cause motion and claims she has moved back to nc.

So let the courts sort it out. No matter what, you have to answer the show cause order in NC. But as I have been saying, you have sufficient grounds to do so.