How Is Jurisdiction a Factor in Divorce?

Divorce and custody cases are often emotionally charged and complex affairs, further complicated by issues such as jurisdiction and conflicting interpretations of the law. In this article, we will explore the intricacies of handling such cases in Texas, using the recent Sophie Turner and Joe Jonas case as an illustrative example. As trusted Texas family law attorneys, we understand the challenges and sensitivities involved in these matters and aim to shed light on some critical aspects of these cases.

One common occurrence in divorce and custody cases is the emergence of smear campaigns against one party by the other. It’s crucial to remember that individuals going through these challenging times are often experiencing intense emotions. Emotions can lead to misinterpretations of the law and actions taken in the heat of the moment. It is the attorney’s responsibility to provide a steady hand, guidance, and expert legal counsel to navigate these turbulent waters.

Jurisdiction: The First Hurdle

The initial question that must be answered in any divorce or custody case is where the case can be filed. Jurisdiction is a pivotal issue, and this is where the timeline in the Sophie Turner and Joe Jonas case becomes pertinent. Specifically, the residence of the children plays a central role in determining whether a state has the authority to issue orders concerning them.

In Texas, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs this aspect of family law. To establish jurisdiction over children in Texas, the child in question must have been born here within the last six months or have lived in Texas for the last six months. Once these criteria are met, the court has subject matter jurisdiction over the children.

Determining jurisdiction over a divorce is a distinct matter from child custody. A divorce will typically follow the custody case but comes with its own set of residency requirements. To file for divorce in Texas, there is a six-month residence requirement within the state itself. Additionally, there is a 90-day residence requirement for the county in which the divorce is being filed. Importantly, all these timelines are established based on the date of filing.

The Hague Convention governs International Child Abduction Issues for countries that have signed the Hague treaty. This treaty provides a legal framework for securing the prompt return of wrongfully removed children, or kidnapped children, across international borders. Its purpose is to protect children from parents wrongfully removing them from their homes and keeping them in a foreign country. Under the Convention, the governments of all of the countries agree to try to facilitate the quick return of abducted children to their home countries. Convention countries agree that child custody issues should be resolved in the country where the child had a habitual residence.

When a child has been taken by one of their parents to another country, the left-behind parent can file a petition for the child’s return under the Hague Convention. The Hague Convention does not decide on the merits of a child custody dispute; it merely determines the appropriate jurisdiction for such matters to be resolved. The Convention determines what is the “habitual residence” of the child and what was the last shared intent for that “habitual residence” of the child to be.

Understanding Standing Orders

In the Turner/Jonas case, an intriguing situation emerged regarding court orders. The Jonas legal team claimed that a court order prevented Joe Jonas from handing over the passports of the children. However, upon closer examination, it appeared that the reference was to what Texas law calls “Standing Orders.” These are mutual orders that automatically come into effect in any family court suit, provided the county has approved Standing Orders.

These orders often contain provisions, such as an injunction against changing the child’s “abode” or current residence. This becomes a crucial question in cases where jurisdiction is in dispute. In the Turner/Jonas divorce, for instance, the issue is whether Florida even has jurisdiction over the case and what constitutes the child’s abode. Was the child residing in Florida for the required period to establish a residence, or were they merely visiting and in a temporary living situation?

Navigating the complexities of divorce and custody cases in Texas requires a deep understanding of jurisdictional rules, legal provisions like Standing Orders, and the ability to manage emotions during this emotionally charged time. At Vaught Law Firm, P.C., our Austin divorce attorneys are committed to providing legal guidance and support to clients facing these challenges. For more information on divorce and custody cases, contact us online or call (737) 258-3165.