E.H. v. S.H.

• Decision Date: 15 November 1991
• Citation: 596 So.2d 9
• Parties: E.H. v. S.H. 2900389.
• Court: Alabama Court of Civil Appeals

Page 9

596 So.2d 9

E.H. v. S.H.

2900389.

Court of Civil Appeals of Alabama.

Nov. 15, 1991.

Rehearing Denied Dec. 27, 1991.

Certiorari Denied March 27, 1992

Alabama Supreme Court 1910520.

E.H., pro se.

Tameria S. Driskill of Barnett & Driskill, Guntersville, for appellee.

PER CURIAM.

This case began in the Juvenile Court of Marshall County, Alabama, with the filing of a child sexual abuse complaint in December 1990.

E.H. (mother) and S.H. (father), the natural parents of A.H. (minor child), were divorced in Alabama in 1987, with the mother retaining custody of the minor child. While the mother was residing in Florida in 1988, the father filed a petition in circuit court in Volusia County, Florida, to domesticate the divorce judgment and to insure his right to continuing visitation with the minor child. After a hearing, the judgment was domesticated, and the father's visitation rights were maintained.

In October 1988, a dependency action was initiated in the circuit court in Marion County, Florida, with allegations that the father had sexually abused the minor child. After various motions and hearings, a temporary custody and visitation order was entered on June 30, 1989, in favor of the father. Subsequent contempt proceedings initiated by the father resulted in the mother being incarcerated in August 1989.

On August 31, 1989, the Florida court appointed special counsel for the minor child and later appointed psychologists to examine the parties. After the minor child was located by law enforcement personnel on September 11, 1989, a stipulated order was entered providing for court custody of the minor child.

Finally, an order was issued in the Marion County court which placed the minor child in the primary custody of the father, with the mother having the right to liberal supervised visitation. Notably, the trial court in Marion County specifically retained exclusive jurisdiction over all matters pertaining to the parties. Also notable was the court's finding that the minor was abused sexually, but conclusively not by the father.

The Florida trial court, based on medical and other testimony, specifically found that:

"9. [The minor child] was sexually abused after August 1, 1988, and prior to November 11, 1988, by persons unknown; but conclusively not by [the father].

"....

"11. [The minor child] was sexually abused while in hiding between July 30, 1989, and September 2, 1989, and the perpetrator of that abuse was a third person or persons.

"....

"15. [The mother] lived continuously with [the maternal grandmother] between May 14, 1987, and June 29, 1989.

"16. [The mother's] personality and decision making processes are influenced and dominated by [the maternal grandmother], but [the mother] is unaware or unwilling to recognize the scope of that influence.

"17. [The maternal grandmother] suffers from a personality disorder that is manifested by obsessive behavior regarding sex, religion (including bizarre rituals involving mystic incantations), child sex abuse, and men in general; resulted in the unfounded accusations of abuse against other family members, including unborn children; prompted her to write extortionate letters to [the father] demanding additional monies under threat of instigating 'trouble'; and following through on those threats by conspiring to prompt simultaneous abuse charges against [the father] in Alabama and Florida.

"....

"20. [The mother] has continuously and consistently violated lawful orders of this and other courts and exhibits a negative attitude toward authority figures in general and police and the court system in particular."

The mother returned to Alabama and filed a child sexual abuse complaint on December 14, 1990, against the father, alleging the same facts which were before the court in Florida. After considering the arguments of counsel, the trial court in Alabama dismissed the mother's complaint because of "the Rules of Comity, and the obligation of honoring the judgments of sister states."

The mother appeals, arguing that Alabama has jurisdiction under the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction Act (...