GREENLAW V. SMITH 869 P.2d 1024 (1994) CASE BRIEF

GREENLAW V. SMITH

869 P.2d 1024 (1994)

NATURE OF THE CASE: This was a dispute over the ability to modify a custody decree once a new home state is established.

FACTS: H and W were married in 1978. Their son, Alex, was born in 1978. The marriage dissolved in 1982 when the boy was 3.5 years old. W was granted custody. In 1985, W accepted a 3-year job assignment in Germany with the U.S. Army. W placed the boy in a German speaking boarding school from the ages of 7-10. During this time the boy only saw his mother irregularly on weekends and holidays. W and the boy returned to the U.S in 1988 and lived in California. From 1988 to 1990 the boy and the mother moved four times, the boy attended three different schools and in 1990 the mother began attending law school in San Jose. The boy spent that time living with the mother's former boyfriend in Berkeley. The boy only saw his mother on the weekends and during school vacation periods. While in Tacoma visiting the father, the child began seeing a counselor who ultimately recommended that the boy live with the father. Based on the comments of the counselor the boy was in serious trouble as the mother had virtually abandoned the child. (The report by the counselor on page 976 is a serious report that shows the child is in terrible trouble and that immediate court intervention is necessary to save the child). W denied allegations of abandonment and neglect. In 1991, H petitioned the Pierce County Court in Washington State to get custody. W responded by stating that California had jurisdiction. The court denied W's motion because Washington had significant contacts with the child and because an emergency existed. W appealed. Eventually the Court of Appeals reversed holding that Washington did not have subject matter jurisdiction. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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