Fordham v. Siderius
Annotate this CaseThe parties in this dispute entered into a common-law marriage in 2006. They lived together as husband and wife in Alabama with their minor children, L.F. and M.F, until 2009. Siderius moved with L.F. and M.F. to Oregon to begin her new job. Fordham thereafter joined the family in Portland. The family lived in Oregon until March 2010. Siderius sought a transfer her company's Spokane, Washington office; following the transfer, the entire family moved to Washington. In May 2011, the parties retained a court-approved mediator to assist with the dissolution of their marriage and custody of the minor children. With the mediator's assistance, the parties developed parenting plans and a visitation schedule. Fordham did not dispute that the parties agreed that the children would be in Alabama for the summer of 2011, and would then return to Washington. Siderius purchased a plane ticket for the children's return to Washington at the end of summer, but Fordham transferred the school registration of both children, who had remained in Alabama, from Spokane to schools in Mobile. Fordham then filed a child-custody petition and complaint for divorce in Alabama. He also filed an emergency motion seeking immediate custody of the children. The Alabama court signed an order granting Fordham's emergency motion and awarding him custody of the children pendente lite. Siderius filed a petition in Washington seeking dissolution of the marriage and custody of the minor children. The Washington court issued an ex parte restraining order ordering Fordham to return the minor children to Washington. The Washington court also scheduled initial divorce, custody, contempt hearings, and a telephone conference with the Alabama court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. The Alabama court issued an order finding that it had jurisdiction over Siderius on the basis of her minimum contacts with Alabama. The court did not rule on the applicability of the UCCJEA to the proceeding. Siderius thereafter filed a petition for a writ of mandamus with the Alabama Court of Civil Appeals. The Court of Civil Appeals denied Siderius's petition without an opinion. In early 2012, the Washington court issued an order awarding custody of the children to Siderius and finding, among other things, that Washington had jurisdiction under the UCCJEA. The Washington court also found Fordham in contempt for failing to return the children to Washington as the court had ordered in its restraining order. Siderius registered the Washington court's custody determination and a motion for enforcement with the Alabama court. When the Alabama court denied her motion, Siderius petitioned the Alabama Supreme Court for mandamus relief. Upon review, the Alabama Supreme Court concluded the Alabama trial court erred in denying Siderius's motion to dismiss based on the irrelevant fact that Siderius had sufficient minimum contacts with Alabama to subject her to personal jurisdiction. Siderius's petition for a writ of mandamus was granted and the Alabama trial court was directed to dismiss Fordham's child custody proceeding.
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