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What could be the penalty for a parent who received temporary

custody orders in a court...
What could be the penalty for a parent who received temporary custody orders in a court that assumed jurisdiction but that parent acctually lives in another state. He told the judge he lives in Texas but lives in colorado
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4/29/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What state was the hearing for custody in - Texas or Colorado? I am guessing Texas, but of course, I want to make sure.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago
Texas.
Thank you, M.

I am guessing that he lied to get an upper hand under the Uniform Child Custody Jurisdiction And Enforcement Act.

In any case, if the Court finds out, then the Judge may hold him in contempt of court. If so, the Court has the ultimate discretion of how to punish him for civil contempt.

This ultimate discretion may range from simple verbal admonishment and/or a fine to jail from several hours to several days. Shillitani v. United States, 384 U.S. 364, 368 (1966). Judges are never happy when someone lies to the Court. An order for fees in reasonable costs in bringing the contempt motion is standard and is almost always also included.

If he fails to appear for the hearing on contempt, a warrant may be put out for his arrest. Texas Family Code - Section 157.066.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
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Customer reply replied 4 years ago
This is complicated case as you may have guessed. He gained custody in Texas but had not lived there 6 months so I filed for modification due to lack of jurisdiction, in Alaska. Judge in AK sent the jurisdiction to Texas, could AK reassume jurisdiction based on his lying to Texas court about continuing to live there.
Friend,

Thank you for your follow up.

Yes, I see that this is a UCCJEA mess. I do not envy you - these are frustrating, confusing, and ugly - and that is just how the attorneys see them. There is a running joke in a certain courthouse on how much the Judges say "now, wait a minute" when being confused when it comes to UCCJEA. And can you believe that UCCJEA was created to simplify jurisdictional custody issues?

If it is shown that the preface for jurisdiction in Texas was flawed, then the Texas could should release jurisdiction ("release" is the word you seek here) to AK. However, this has to be done via a pleading to the Texas court, which now holds jurisdiction unless/until it releases it, due to its (erroneous) presumption.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago
Thank you this has been helpful. We do have a hearing on Friday in AK court for a Statues hearing to Texas decision. should we present to this judge the fact that he does not live in texas but told that court he did. I do understand these are guidelines not legal counsel.
Thank you this has been helpful.

And you are most welcome.

We do have a hearing on Friday in AK court for a Statues hearing to Texas decision. should we present to this judge the fact that he does not live in texas but told that court he did. I do understand these are guidelines not legal counsel.

Yes, and if possible, proof thereof.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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