In re Marriage of SampleyAnnotate this Case
Mother and Father were married in Canada in 2010 and moved to Montana in 2013. Later that year, Mother and the parties’ child travelled to Canada and stayed there into 2014. Father filed a petition for dissolution with the Yellowstone County District Court in 2014 and asked the district court to resolve matters of Father’s parenting and custody. The district court dismissed for lack of jurisdiction the parenting and custody issues, concluding that Montana was not the child’s “home state” for purposes of Mont. Code Ann. 40-7-201. The Supreme Court affirmed, holding that the district court did not err by (1) refusing to hold a hearing prior to issuing its order; and (2) deciding that it lacked jurisdiction over the parenting and custody issues.