Wheeler v. District Court in & for City & Co. of Denver

This is an original proceeding brought under C.A.R. 21. Petitioner Wheeler seeks a writ of mandamus to require the respondent court to conduct a hearing concerning custody of two children domiciled with him in Colorado. Proceedings in the lower court were held under Colo. Sess. Laws 1973, ch. 163, 46-6-1 et seq., at 556, the Uniform Child Custody Jurisdiction Act (hereinafter “the Act.”). The court, instead of conducting a hearing, made summary disposition, ruling that it had no jurisdiction but to honor the Illinois court decree. Because this is a new act and a matter of first impression as…