Lockhart v. Stancil, 46078
| Decision Date | 02 November 1988 |
| Docket Number | No. 46078,46078 |
| Parties | LOCKHART v. STANCIL. |
| Court | Georgia Supreme Court |
James V. Pleasants, Pleasants & Sullivan, Brunswick, for William Thomas Lockhart, Sr.
Alan David Tucker, Brunswick, for Karen Annette Stancil.
We granted the appellant's discretionary application to consider "[w]hether the Juvenile Court exceeded its legal authority in this case when it ordered child support payments in an order granting a motion to set aside a prior judgment." The court was without authority. We reverse.
The parties have been litigating the custody of their children in the Glynn County Juvenile Court since 1984. The record before us shows that the Juvenile Court transferred custody of the parties' minor son back and forth between the parties four times.
A May 12, 1986 order gave permanent custody of the minor children to the appellee, Mrs. Stancil, and awarded her child support. The father failed to pay and subsequently, the Department of Human Resources along with the mother and children filed a petition for contempt. After a hearing, the father was found in contempt and ordered to pay an arrearage of over $5,000. He filed a motion to set aside the May 12, 1986 order. On May 27, 1988, after a hearing, the juvenile court ruled that the May 12, 1986 order was void ab initio because the necessary jurisdictional facts were not recited and the father was never personally served. The May 27, 1988 order required the father to pay child support to the mother.
The appellant contends, among other things, that the juvenile court erred in hearing a case in which there was no order transferring it from the Superior Court. The appellee never filed a brief with this court.
"Where custody is the subject of controversy ... the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court." (Emphasis supplied.) OCGA Sec. 15-11-5(c). Williams v. Department of Human Resources, 150 Ga.App. 610, 258...
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W.W.W., In Interest of
...to hear and determine custody issues only when the case is transferred by the superior court. OCGA § 15-11-5(c); Lockhart v. Stancil, 258 Ga. 634, 635 fn. 1, 373 S.E.2d 355; Moss v. Moss, 233 Ga. 688, 690, 212 S.E.2d 853; In re J.R.T., 233 Ga. 204, 210 S.E.2d 684; Colton v. Martins, 230 Ga.......
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Lewis v. Winzenreid
...of a juvenile court fails to recite the jurisdictional facts, the judgment is void. [Cits.]" (Emphasis in original.) Lockhart v. Stancil, 258 Ga. 634, 373 S.E.2d 355 (1988). "A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time." OCGA §......
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In re Tidwell, A06A0731.
...court fails to recite the jurisdictional facts, the judgment is void. [Cit.]' [Cit.]" (Emphasis in original.) Lockhart v. Stancil, 258 Ga. 634, 373 S.E.2d 355 (1988). See also Lewis v. Winzenreid, 263 Ga. 459, 460-461, 435 S.E.2d 602 It is not disputed that the juvenile courts of this state......
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Bonner v. State
...superior court, rather than juvenile court, had jurisdiction, proceedings in juvenile court were void); see also Lockhart v. Stancil, 258 Ga. 634, 373 S.E.2d 355 (1988) (because juvenile court is a court of special and limited jurisdiction, its judgment is void on its face if it does not re......