Coleman v. Coleman, 31696
| Decision Date | 06 January 1977 |
| Docket Number | No. 31696,31696 |
| Citation | 238 Ga. 183,232 S.E.2d 57 |
| Parties | Sandra J. COLEMAN v. Rickey T. COLEMAN. |
| Court | Georgia Supreme Court |
George L. Williams, Jr., Warner Robins, for appellant.
Nunn, Geiger, Harrington & Pierce, Walter E. Harrington, Jr., Warner Robins, for appellee.
This appeal by the mother is from an order of the Juvenile Court of Houston County which granted the father's petition for change of custody of their minor child. The change in custody was based on a material change of circumstances affecting the welfare of the child since October, 1973, when the mother was awarded custody of the child in a divorce decree. This is a custody controversy case in the nature of habeas corpus and was transferred by the Superior Court of Houston County to the juvenile court for determination.
The mother enumerates two errors for our consideration, but only one of them can be reached-the failure of the juvenile court to make findings of fact and conclusions of law to support its decision. We think that this omission was error and requires a remand.
Superior court judges are required by the Civil Practice Act to enter findings of fact and conclusions of law in the record of contested custody actions. See Code Ann. § 81A-152 (Rev. 1972); and, Githens v. Githens, 234 Ga. 715, 217 S.E.2d 291 (1975). The reason for this requirement is to assist this court in its review of the merits of an appeal. See Motes v. Stanton, 237 Ga. 440, 228 S.E.2d 831 (1976); Brown v. Brown, 237 Ga. 201, 227 S.E.2d 360 (1976). The Civil Practice Act, however, does not apply to juvenile courts. English v. Milby, 233 Ga. 7(1), 209 S.E.2d 603 (1974). Thus, as appellee points out, there is nothing which explicitly requires specific findings of fact by a juvenile court judge when disposing of a contested custody case. Nonetheless, this requirement is implicit in the Juvenile Court Code. The code requires the juvenile court to make findings of fact in other types of cases over which it has jurisdiction. See Code Ann. §§ 24A-2201 and 24A-3201 (Rev. 1976), and Crook v. Georgia Dep't. of Human Resources, 137 Ga.App. 817, 224 S.E.2d 806 (1976). It also requires court-appointed referees to make findings after hearings on juvenile matters. See Code Ann. § 24A-701 (Rev. 1976). Therefore, although not specifically mandated in transferred custody cases, the requirement of findings of fact is clearly implied. See, also, English v. Milby, supra 233 Ga. at p. 9, 209 S.E.2d 603. Moreover, the inclusion of this requirement comports with the legislative mandate that the Juvenile Court Code be 'liberally construed' to further the best interests of children coming under its...
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M. A. C., In Interest of
...that the temporary custody order is void is that it does not contain findings of fact and conclusions of law. See Coleman v. Coleman, 238 Ga. 183, 232 S.E.2d 57 (1977); Crook v. Dept. of Human Resources, 137 Ga.App. 817, 224 S.E.2d 806 (1976). It is the appellee's position that since the te......
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In re Interest of J.C.W.
...As pointed out by the children in a supplemental brief, the Civil Practice Act does not apply in juvenile court. See Coleman v. Coleman, 238 Ga. 183, 232 S.E.2d 57 (1977) ; In the Interest of T.M.M.L., 313 Ga.App. 638, 639, 722 S.E.2d 386 (2012). Second, we have already determined in J.C.W.......
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IN RE JWH, No. A00A1190
...inability would likely be remedied), we note that generally the Civil Practice Act does not apply to juvenile courts. Coleman v. Coleman, 238 Ga. 183, 232 S.E.2d 57 (1977); see English v. Milby, 233 Ga. 7, 9(1), 209 S.E.2d 603 ...
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Chambless Ford Tractor, Inc. v. McGlaun Farms, Inc.
...findings of fact and conclusions of law is to assist the appellate court in its review of the merits of an appeal, Coleman v. Coleman, 238 Ga. 183, 232 S.E.2d 57 (1977), the findings should be sufficiently inclusive to afford the means for an intelligent review. Donaldson v. Hopkins, 132 Ga......