Harter v. Eggleston, ___ N.C. App. ___ (Aug. 4, 2020)

Held: 
Affirmed
  • Facts:
    • 2012, custody action commenced in NC
    • 2013, consent order entered; mother moved to Ohio and consent order modified
    • 2015, order modified granting mother primary physical custody
    • 2018, father filed verified motion to modify 2015 order seeking primary physical custody; ex parte temporary order granted; temporary consent order granted; mother filed verified motion to remove case to Ohio based on NC being an inconvenient forum
    • 2019, mother’s motion granted after determination that Ohio is a more convenient forum and declining jurisdiction in NC, staying proceeding. The order was based on the verified pleadings, which the parties requested be accepted as affidavits, and attorney arguments. Father appeals.
  • Standard of review of a decision to decline jurisdiction based on inconvenient forum is an abuse of discretion.
  • G.S. 50A-207(b) requires findings of fact of relevant factors, and those findings must be based on competent evidence. The court made the requisite findings of fact, based on the affidavits/verified motions that the parties chose to submit to the court and were competent evidence.

 

Category:
UCCJEA
Stage:
Subject Matter Jurisdiction
Topic:
Modification Jurisdiction
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