State ex rel. V.K.B. v. Smith

Mother obtained sole custody of Child in a judgment issued by the juvenile court in 2009. Mother subsequently moved to Arizona with Child and made Arizona their permanent home. In 2012, while Mother left Child temporarily with her mother, Child's paternal grandfather filed a motion for emergency temporary custody of Child, which the juvenile court granted. Mother filed a complaint for a writ of prohibition, contending that the Ohio court lacked jurisdiction because she and Child were residents of Arizona. The court of appeals dismissed the case after concluding that the juvenile court had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and that Mother had an adequate remedy by way of appeal if the juvenile court erred in its rulings. The Supreme Court reversed and granted the writ of prohibition, holding (1) if Mother could prove the allegations in her complaint, the juvenile court failed to follow the statute that creates its jurisdiction over Child; and (2) appeal was not an adequate remedy in this case because it was neither "complete," "beneficial," nor "speedy." Remanded. View "State ex rel. V.K.B. v. Smith" on Justia Law