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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Background: I was awarded full custody of my children in an

Resolved Question:

Background: I was awarded full custody of my children in an Indiana court order issued AUU 2009. At the time of the decree i was living in NC and the order acknowledged that the childrem will be residing in NC. 6 months after the children were living in NC i registered the court order in NC. I recently filed a contempt complaint against my ex-husband. He attended the hearing in Charlotte and represented himself, as did i. The Judge, contemplating a possible jail term recommended my ex-husband either retain a lawyer or one will be appointed. The hearing was re-scheduled for April 16.

Question: My ex-husband asked me to dismiss complaint when i said no he filed a contempt claim in Indiana, citing i would not cooperate with his visitation. This hearing is scheduled for April 20. Isn't there a rule, UCCJA? that prevents this type of filing given a hearing is already scheduled? I am representing myself so wondering what i would appeal to in my motion to dismiss.

thank you
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - You can file a motion to dismiss for improper venue and jurisdiction. Since the children are in NC the jurisdiction over the issues concerning the children is in NC not IN. I'm not certain what your motion for contempt is concerning but all issues should be heard in the same court in NC. You can also ask the court to join the motions to be heard at one time however that may change the date of the hearing if it is set only to hear your motion. So you would file a motion to dismiss in the IN court based on venue and jurisdiction and file a motion in NC (if you want) to have the cases joined and heard together. The second motion is not necessary but it may save the time of having to go to court twice. You could attach a copy of your NC to your IN motion to dismiss to make the court aware that there are existing proceedings in NC.
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