CYNTHIA BROWN THOMAS, APPELLANT; VS. JAMES W. AVANT, APPELLEE; No. 06-983 SUPREME COURT OF ARKANSAS 2007 Ark. LEXIS 403 June 28, 2007
APPEAL FROM THE CLARK COUNTY CIRCUIT COURT; NO. E-1995-372
PROCEDURAL POSTURE: Appellant mother challenged a decision from the Clark County Circuit Court (Arkansas), which entered judgment in favor of appellee father in a child custody case.
OVERVIEW: After the mother relocated to Oklahoma, the father later filed a petition to change custody. The mother's request to transfer the case to Oklahoma was denied, and venue was determined to be proper. Custody was awarded to the father, and this appeal followed. In affirming, the supreme court held that, although the Uniform Child Custody and Jurisdiction Enforcement Act, Ark. Code Ann. §§ 9-19-101 to- 401 (2002), governed determinations of jurisdiction, the Parental Kidnapping Prevention Act, 28 U.S.C.S. § 1738A, also had to be considered due to preemption. The trial court had exclusive, continuing jurisdiction under Ark. Code Ann. § 9-19-202(a); therefore, its jurisdiction trumped any home-state jurisdiction. The child's continuing contacts with Arkansas were sufficient to warrant the exercise of exclusive, continuing jurisdiction. The father's argument that the mother should have raised a venue argument in a prior proceeding was not addressed since there was no argument or authority cited. The mother did object to venue in her initial responsive pleading. Finally, Ark. Code Ann. § 9-10-113 (Supp. 2005) did not apply to this case because the child no longer resided in Arkansas. OUTCOME: The decision was affirmed.