Vest v. Vest
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Jennifer Ann Vest (Herron) petitioned the Supreme Court for review of the Court of Civil Appeals' decision that denied her second petition for a writ of mandamus in a child-custody matter. The Supreme Court granted Jennifer's petition to examine the rationale applied by the Court of Civil Appeals, which appeared to be premised upon a perceived conflict between Ala. Code 1975, section 6-5-440 and Ala. Code 1975, section 30-3-5. Jennifer argued on appeal that the Court of Civil Appeals' rationale conflicted with the mandate of 6-5-440: it did not follow from the principle that venue in child-custody-modification proceedings could be waived and that a forum-shopping parent could "file a postdivorce proceeding in an improper venue and thereby bar the other former spouse from filing a postdivorce proceeding in the proper venue," because the respondent parent could always object in his or her first responsive pleading in the court in which venue is alleged to be improper. Upon review, the Supreme Court reversed the judgment of the Court of Civil Appeals and remanded this case for further consideration of 6-5-440 and any other arguments that may have been pretermitted by the Court of Civil Appeals' analysis.
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