E. I. D. v. Y. L. S.

• Decision Date: 18 October 2022
• Docket Number: CN16-02507,Petition 22-16265
• Parties: E. I. D. v. Y. L. S.
• Court: Delaware Family Court

E. I. D. v. Y. L. S.

No. CN16-02507

Petition No. 22-16265

Family Court of Delaware

October 18, 2022

Petition Type: Imperiling the Family Relationship

LETTER DECISION AND ORDER

Felice Glennon Kerr, Judge

Dear Parties:

The Court is in receipt of the Petition for Imperiling the Family Relationship filed by Mr. D-----("Father") against Ms. S--- ("Mother"). The Court has also reviewed the Motion to Dismiss filed on September 16, 2022 and the Response to the Motion emailed to my staff on October 17 2022. The response was not filed within the requite and time frame and Father did not file a Motion to Enlarge the time. He sent an email asking it to be considered out of time but that is not a Motion and Mother's counsel opposed the late response being considered and therefore the Court will not consider the Response. However, whether or not the Response is permitted would not change the outcome. The Response to the Motion does not address any actual basis for opposing the Motion to Dismiss which the Court finds material to the reasons which require dismissal of the Petition. The Court is not making any decision on the facts alleged in either Father's petition or the Response to the Motion. Mother's Motion alleges that the Petition is essentially a custody petition and that custody jurisdiction has been relinquished to Canada. For the reasons explained herein, the Court dismisses this Petition pursuant to Family Court Civil Rule 12(b)(1) and 12(b)(6).

The Court notes that jurisdiction to hear an "Imperiling the Family Relationship" Petition arises from 10 Del C. §921((6). In this case, only §921(6) (b) applies as Father is not the Division of Child Protective Services (now the Division of Family Services) or a licensed youth service agency. Therefore, he must be a family member alleging that some other member of the "family" is by their conduct imperiling any family relationship.^[1] The definition of "family" is contained in 10 Del. C. §901(12). In this case Father has filed against Mother. Father and Mother are not members of the same "family" as that term is defined by §901(12). They're former "family relationship" ended in divorce years ago. This Petition is not being filed to preserve their family relationship. The list of persons who are considered "family" does not include former spouses. Additionally, even if Father were able to claim that Mother's conduct is imperiling his relationship with...