UCCJEA: Presence of the Child is the Only Requirement for Temporary Emergency Jurisdiction and Temporary Emergency Jurisdiction Can Ripen into Full Jurisdiction.

In re: Z.Z. et al; K.Z. and V.Z. v. State of Utah, 2012 UT App 317, Utah Court of Appeals, November 8, 2012

DCFS filed a Petition for Custody, Mother and Father fled with the children.  The Juvenile Court closed the case neither the children nor their parents resided in Utah.

Later the children were left in Utah with family.  However, neither Mother nor Father picked up the children on the designated date and another Petition was filed.  On the morning of the trial, Father’s motion to continue was denied and Mother and Father had their parental rights terminated.

Parents’ motions for new trials were denied.  Parents appealed.

Parents argued that the Utah Court did not have jurisdiction because Utah was not the home state of the children and had lost.  The Court of Appeals disagreed; they found that the parents’ abandonment of the children gave the Utah Court temporary emergency. 

The Court further found Colorado did not have jurisdiction over the minor children because, they had insufficient evidence to conclude that the children had resided in Colorado for the requisite 6 months.

Lastly, there is no absolute right to be present at the termination trial.  No due process was violated when the Motion to Continue was denied.

Affirmed.

Full opinion available at: http://www.utcourts.gov/opinions/appopin/JV_zz110812.pdf

PKPA Applies in Adoption Cases and Must Preserve Grounds for Appeal at Trial Level

In Re Baby E.Z., 2011 UT 38 (Utah Supreme Court, July 19, 2011)
Mother moved to Utah while pregnant and placed the baby for adoption. Father moved to intervene in the adoption matter, but his intervention was denied. Father Appealed.
Because an adoption proceeding requires a custody determination the PKPA applies. However, Father failed to raise PKPA at the trial court level. Because PKPA is not a jurisdictional issue, he cannot raise it for the first time on appeal. Because he failed to raise PKPA at the trial level, his claim is waived.
Father also raised a due process challenge to the requirement of paternal assertion prior to a mother’s relinquishment. However, Father failed to raise this at the trial level.
In short, because Father failed to preserve his grounds for appeal, both grounds were waived and not fully reviewed by the Court. Affirmed.

Full Decision available at http://www.utcourts.gov/opinions/supopin/InReEZ071911.pdf

Divorce Decree Enforceable Even When Parties Were Never Married

Johnson v. Johnson, 2010 UT 28, (Utah Supreme Court May 7, 2010).

Wife filed for divorce claiming the parties were married.  Husband admitted the same in his answer.  A decree of divorce was entered.  Later, Husband moved to set aside the decree for lack of subject matter jurisdiction because the parties were never married.  The trial court denied the motion to set aside even when Wife admitted the parties had never married.  The Supreme Court Affirmed the trial court’s denial of the motion to set aside, and found that the trial Court had subject matter jurisdiction over the Johnson’s relationship regardless if it was truly marital or not.  It further had  jurisdiction because Husband admitted that the parties were married.  “Just as a court adjudicating a contract dispute has authority to determine that no contract exists without losing subject matter jurisdiction over the dispute, a court has authority to adjudicate a divorce claim even if the court later determines that no marriage ever existed.”

Full Decision available at http://www.utcourts.gov/opinions/supopin/Johnson050710.pdf