Daily v. Dombroski
| Decision Date | 16 November 1982 |
| Docket Number | No. 39129,39129 |
| Parties | DAILY v. DOMBROSKI. |
| Court | Georgia Supreme Court |
William J. Sussman, Augusta, for Sue Daily Dombriski.
Victor Hawk, Leiden & Hawk, Augusta, for Michael Daily.
The Uniform Child Custody Jurisdiction Act (Ga.Code Ch. 74-5) does not destroy the jurisdiction of a Georgia court to hear contempt proceedings filed by a Georgia-resident, non-custodial mother against an Ohio-resident, custodial father for his breach of the visitation provisions of the Georgia court's child custody decree solely because an Ohio court previously has accepted jurisdiction of visitation modification proceedings filed by father. Had the Ohio court entered an order modifying the visitation provisions of the Georgia court's decree before the Georgia contempt proceedings were filed, the rule, of course, would be otherwise. See, Roehl v. O'Keefe, 243 Ga. 696, 256 S.E.2d 375 (1979).
This rule is consistent with the public policy underlying the Act, and with our recent decision of Steele v. Steele, 250 Ga. 101, 296 S.E.2d 570 (1982). The purpose of the Act is to avoid conflicting modification orders, as in Steele, whereas the present case involves enforcement by a court of its own, unmodified custody order.
It is immaterial that the mother might have sought enforcement of the Georgia decree in the pending Ohio proceedings.
Judgment affirmed.
All the Justices concur.
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Marquiss v. Marquiss
...valid until superseded by a properly entered and finalized custody modification order by a court with jurisdiction. Daily v. Dombroski, 250 Ga. 236, 297 S.E.2d 246 (1982); Curtis v. Curtis, 574 So.2d 24 (Miss.1990). See also Nicholaus v. Nicholaus, 756 P.2d 1338 (Wyo.1988). This record does......
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Dyer v. Surratt
...in a Georgia judgment and decree of divorce issued by the court in which the petition for contempt is filed. 2. In Daily v. Dombroski, 250 Ga. 236, 297 S.E.2d 246 (1982), this court held that the General Assembly's passage of the UCCJA did not "destroy" the jurisdiction of a Georgia court t......
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Ruckstuhl v. Corley, A95A1875
...request for modification of visitation. Although the court maintained jurisdiction over a contempt proceeding, see Daily v. Dombroski, 250 Ga. 236, 297 S.E.2d 246 (1982), pursuant to the "Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq., jurisdiction for modification o......
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Arnold v. Jordan, 77210
...The Georgia court retained jurisdiction over any contempt proceedings relating to the prior orders of the court. (See Daily v. Dombroski, 250 Ga. 236, 297 S.E.2d 246 (1982)). We granted the father's application for discretionary The UCCJA was adopted to resolve jurisdictional disputes betwe......