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Jurisdiction

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B

Blong

Junior Member
What is the name of your state (only U.S. law)GA

Generic question:

An action in the family court is thrown out by the judge for lack of jurisdiction in the family court and the parties are told it is a civil matter. Does the civil action need to be filed in the state the defendant lives in being it is now a civil action from a different state.
 


LdiJ

LdiJ

Senior Member
Blong said:
So jurisdiction of a civil action can be in the state you are not a resident of?
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Maybe...its not that simple.

Let me give you an example. Mom, dad and kids live in IL. There are custody orders. Mom and children move to IN. Three years later mom wants to modify the orders. IL would have jurisdiction because that is the state that made the original orders and dad still lives there.

Another example. Mom, dad and the kids live in IL. There are no court orders. Mom and the kids move to IN. Three years later dad decides court orders are necessary. IN would have jurisdiction because there are no previous court orders and IN is the state of the children's residence.

Third example. Same scenario as the first example, but dad moved to KS when mom and the kids moved to IN. In that example IL would not retain jurisdiction because nobody lived there anymore, and IN would have jurisdiction because that is the state of the children's residence.
 
stealth2

stealth2

Under the Radar Member
So unless you're willing to share the details, the answer remains at "Maybe".
 
Last edited:
B

Blong

Junior Member
stealth2 said:
SWo unless you're willing to share the details, the answer remains at "Maybe".
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It was not about not willing to share the details, I was just trying to eliminate drama and typing ad nausea.

Ex files a contempt motion in family court about a personal item (expensive watch) in the divorce decree that she claimed was not returned to her. Judge threw the case out and told her this was a civil matter not for family court. He also admonished her and her lawyer because her story was so full of holes she sounded like a fool.

We live in different states. I had to return to the original state for the family court (where the decree was entered) but since it is now a civil matter can she sue me for the watch in her state or does she have to file in the state I presently live?

I ended up representing myself in this action so I do not have an attorney of record to speak with.
 
B

Blong

Junior Member
LdiJ said:
Maybe...its not that simple.

Let me give you an example. Mom, dad and kids live in IL. There are custody orders. Mom and children move to IN. Three years later mom wants to modify the orders. IL would have jurisdiction because that is the state that made the original orders and dad still lives there.

Another example. Mom, dad and the kids live in IL. There are no court orders. Mom and the kids move to IN. Three years later dad decides court orders are necessary. IN would have jurisdiction because there are no previous court orders and IN is the state of the children's residence.

Third example. Same scenario as the first example, but dad moved to KS when mom and the kids moved to IN. In that example IL would not retain jurisdiction because nobody lived there anymore, and IN would have jurisdiction because that is the state of the children's residence.
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Thanks for this but not sure if this would apply because it is not about kids or a modifying of a court order.
 
LdiJ

LdiJ

Senior Member
Blong said:
It was not about not willing to share the details, I was just trying to eliminate drama and typing ad nausea.

Ex files a contempt motion in family court about a personal item (expensive watch) in the divorce decree that she claimed was not returned to her. Judge threw the case out and told her this was a civil matter not for family court. He also admonished her and her lawyer because her story was so full of holes she sounded like a fool.

We live in different states. I had to return to the original state for the family court (where the decree was entered) but since it is now a civil matter can she sue me for the watch in her state or does she have to file in the state I presently live?

I ended up representing myself in this action so I do not have an attorney of record to speak with.
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Well, since its not a family law matter I would assume that she would have to sue you in small claims court in your state and county.
 
B

Blong

Junior Member
LdiJ said:
Well, since its not a family law matter I would assume that she would have to sue you in small claims court in your state and county.
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Thanks......that was the answer I needed. There is a limit on small claims as far as dollar amounts correct? I tried a web search and can't find it.
 
LdiJ

LdiJ

Senior Member
Blong said:
Thanks......that was the answer I needed. There is a limit on small claims as far as dollar amounts correct? I tried a web search and can't find it.
Click to expand...
Yes, there is likely a limit. Call your local small claims court and ask what the limit is.
 
B

Blong

Junior Member
Internet is so slow it is essentially worthless and couldn't google. Thanks for that though. Great info
 
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