| CHRISTOPHER SCOTT SWALEF v. ANDREA | | | | Court order is consistent with the Minnesota decree |
| ANDERSON | | | | as the holding of the Minnesota Court -- that Virginia |
| COURT OF APPEALS OF VIRGINIA | | | | has continuing jurisdiction -- certainly also allows the |
| 50 Va. App. 100 | | | | Virginia courts to decline to exercise that jurisdiction |
| June 26, 2007, Decided | | | | under Virginia Code § 20-146.18, which permits a |
| Issue: | | | | Virginia court to decline the exercise of its jurisdiction |
| Whether the Norfolk Circuit Court erred "by not | | | | over a child custody matter such as the one before |
| extending full faith and credit to the Minnesota | | | | us. Therefore, even if Virginia has jurisdiction over |
| judgment that concluded Virginia had exclusive | | | | this custody case, a court can refuse to exercise |
| jurisdiction over the child custody proceedings | | | | that jurisdiction |
| between the parties."? | | | | The court held that "we find that the Norfolk Circuit |
| The Minnesota Court explicitly found that "[a]bsent a | | | | Court acted entirely within its authority when it |
| decline of jurisdiction by that jurisdiction, the | | | | declined to exercise jurisdiction over the custody |
| Commonwealth of Virginia has continuing jurisdiction | | | | petition filed by father. That court did not abuse its |
| over the issue of child custody in this matter." This | | | | discretion when it deferred to the authority of the |
| holding, if binding on the Virginia courts, does not | | | | White Earth Court, therefore, this court affirms the |
| preclude the Norfolk courts from declining jurisdiction | | | | Norfolk Circuit Court's child custody order." |
| over custody. In fact, the order explicitly notes that | | | | These summaries are provided by the SRIS Law |
| the Virginia courts can decline jurisdiction. In short, | | | | Group. They represent the firm's unofficial views of |
| even if the Minnesota order were binding on Virginia | | | | the Justices' opinions. The original opinions should be |
| courts, that order by its explicit wording allows | | | | consulted for their authoritative content. |
| Virginia to decline jurisdiction. The Norfolk Circuit | | | | |