Facts: Respondent David Nagel and his wife Anita Bangert filed a petition in the Superior Court for Spokane County for custody of A.C., for whom they had previously acted as foster parents prior to A.C. being returned to his mother, petitioner Holly Cork. Cork subsequently moved to have the custody petition dismissed on grounds that Washington lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (codified in Washington Revised Code §26.27) insofar as Nagel and his wife were residents of Montana and the trial court therefore lacked jurisdiction to overturn a Montana court order granting custody of A.C. to Cork. The trial court denied Cork’s motion and awarded custody of A.C. to Nagel and his wife. Upon appeal, the Washington Court of Appeals affirmed. Cork appealed this decision to the Supreme Court of Washington.

Question(s): Does Washington have jurisdiction over the custody dispute under the Uniform Child Custody Jurisdiction and Enforcement Act?

Conclusion: Justice Chambers’ opinion for the Court reversed the Washington Court of Appeals, holding that Washington lacked jurisdiction as the Uniform Child Custody Jurisdiction and Enforcement Act provides that a state may not modify a child custody determination made by a court of another state unless all of the parties involved no longer reside in the state that made the initial custody determination or that state declines jurisdiction. Thus, as a Montana district court order had terminated the state’s temporary protective custody of A.C. and returned A.C. to Cork and as Montana had not expressly declined jurisdiction, the Court dismissed Nagel’s petition for lack of jurisdiction.

Docket No. 79938-5 (from Court of Appeals Division III Case No. 22930-1)

Petitioner: In re Custody of Angelo; Holly Cork

Respondent: Anita Bangert; David Nagle

Briefs:

Argument: Tuesday, February 12, 2008 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, February 5th, 2009

Prevailing Party: Anita Bangert; David Nagle (Respondent)

Vote: 9-0

Citation: Pending

Alexander

Johnson

Madsen

Sanders

Chambers
(Majority)

Owens

Fairhurst

Johnson
(Concurs)

Stephens