IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
FAMILY COURT DIVISION
AT KANSAS CITY
IN RE THE MATTER OF:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
JOHNNY B. GOODE, Individually,
308 W. KANSAS
INDEPENDENCE, MO 64050
Petitioners,
and
ANN A. HOLE.
415 E. 12th STREET
KANSAS CITY, MO 64106
Respondent.
Case No. ________________
Division No:
MOTION FOR JURISDICTIONAL TELEPHONE CONFERENCE PURSUANT TO
R.S.Mo. §452.730 AND 452.735
COMES NOW Petitioner, Johnny B. Goode, and in support of his Motion for Jurisdictional
Telephone Conference pursuant to RSMo. §§ 452.730 and 452.735 states as follows:
1. On September 25, 2014, this Court entered its Judgment of Paternity, Child Support, and
Child Custody.
2. Petitioner filed his Petition for Writ of Habeas Corpus, Order for Habeas Corpus, and
Motion to Modify, in this Court simultaneously herewith.
3. Subsequent to this judgment, and in direct circumvention of the parenting plan
incorporated in said Judgment entered on September 25, 2014, on or about December 29, 2014,
Respondent filed a Petition in the Family Court of the State of New York, County of Seneca, Docket
No. V-0002-15, while the minor children Baby Goode, now age one (1) year, and Child Goode, now
age six (6), was in the State of New York with Respondent visiting Respondent’s parents’ home.
4.
On January 5, 2015, Petitioner was served with the Seneca County, New York case,
1
and was required to appear later that day for a show cause hearing.
5.
On January 5, 2015, the Honorable Thurgood Marshall, Judge in the Seneca County,
New York, awarded Respondent custody of the minor children, Baby Goode and Child Goode, and
set the action over for a control hearing so Petitioner may file his pleadings in Jackson County,
Missouri.
6.
The filing of the Petition and Order to Show Cause in New York and the Petition for
Writ of Habeas Corpus and Motion to Modify an already enforceable judgment in Missouri has
created an issue of competing jurisdiction between Missouri and New York and presents a
jurisdictional question to the Courts.
7.
Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA,
RSMo. §§ 452.700 to 452.930), when a situation such as this arises there shall be communication
between Courts.
8.
RSMo. §452.730 “Communication Between Courts” states in pertinent part:
“1. A court of this state may communicate with a court in another state concerning
a proceeding arising under sections 452.700 to 452.930.
2. The court may allow the parties to participate in the communication. If the parties
are not able to participate in the communication, the parties shall be given the
opportunity to present facts and legal arguments before a decision on jurisdiction
is made.
3. A communication between courts on schedules, calendars, court records, and
similar matters may occur without informing the parties. A record need not be made
of such communication.
4. Except as provided in subsection 3 of this section, a record shall be made of the
2
communication. The parties shall be informed promptly of the communication and
granted access to the record.” (2012).
9.
Pursuant to RSMo. § 452.845, “If a question of existence or exercise of jurisdiction
under sections 452.700 to 452.930 is raised in a child custody proceeding, the question, upon
request of a party, must be given priority on the calendar and handled expeditiously.” (2012)
(emphasis added).
10.
Petitioner in this matter respectfully requests that this Court communicate with the
Family Court of Seneca County, New York, in order to determine jurisdiction over the children and
this matter, and that the telephone conference occur as soon as reasonably possible, and before
January 23, 2015. (the date a control hearing has been set in Seneca County, New York).
11. The Seneca County, New York, case is set before The Honorable Thurgood Marshall,
1439 Yellow Tavern Rd Waterloo, NY 13165.
JURISDICTION UNDER THE UCCJEA
12.
For purpose of determining jurisdiction under the UCCJEA, “home state means the
state in which a child has lived with a parent or a person acting as a parent for at least six consecutive
months immediately prior to the commencement of a child custody proceeding.” RSMo. §452.705(8)
(2012).
13.
The minor children have resided with Petitioner in the state of Missouri, until
December 26, 2014, when the children traveled to the State of New York, where Respondent’s parents
reside, for an agreed upon visit, at which time Respondent illegally withheld the children from
Petitioner, and refused to return the children to their home State of Missouri and the custody of
Petitioner, on January 1, 2015, pursuant to this Court’s Judgment.
14.
Missouri is the home state of the minor children in that they have resided in Jackson
3
County, Missouri, and specifically have resided in Jackson County, Missouri, for the six months
immediately prior to the commencement of this proceeding.
15.
By virtue of Missouri being the home state of the children, as well as the state in which
the Judgment of Paternity, Child Support and Child Custody was issued, Missouri has exclusive
jurisdiction to enforce said judgment and make child custody determinations. RSMo. §452.705.
16.
New York does not have jurisdiction to hear this matter as the children have resided
in New York for a mere 15 days only because the Respondent deliberately withheld with the minor
children without notice to the Petitioner, and continues to unlawfully withhold the minor children.
17.
New York is not under any stretch of the law the home state of the children.
18.
Petitioner is without the funds to pay his reasonable attorneys’ fees incurred in this
motion and Respondent should be ordered to pay Petitioner’s attorney fees and costs, including travel
costs, relating to this action.
WHEREFORE, Petitioner respectfully requests that this Court have a telephone conference
with The Honorable Thurgood Marshall, at 315-585-6282, for the purpose of establishing which
Court has the authority to exercise jurisdiction over this child custody proceeding; that said hearing
be on the record; that Missouri be determined to the children’s home state pursuant to the UCCJEA;
and that Respondent be ordered to pay Petitioner’s reasonable attorneys’ fees and travel costs; and for
such other and further relief as this Court deems just.
4
OSWALD ROAM REW & FRY LLC
Jennifer Oswald Brown
#50988
Erin Mayfield Craig
#63066
601 NW Jefferson St.
Blue Spring, MO 64013
Telephone Number: 816-229-8121
Facsimile Number: 816-229-0802
jobrown@orrf-law.com
emayfieldcraig@orrf-law.com
ATTORNEYS FOR PETITIONER
5
STATE OF MISSOURI
COUNTY OF JACKSON
)
)SS
)
Comes now, Johnny B. Goode, of lawful age and first being duly sworn upon his oath,
states he is the Petitioner named above and the facts contained herein are true and accurate to
his best knowledge and belief.
Johnny B. Goode
Subscribed and sworn to before me this
day of
Notary Public
My Commission expires:
6
, 2015.