Legal Opinion
Collum v. Kelley
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1999No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: In appeal No. 1, we reverse the order of Family Court retaining jurisdiction in this matter. As the home State of the children, the New York court may validly exercise jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). However, the Parental Kidnaping Prevention Act (PKPA), which preempts the UCCJA under the Supremacy Clause of the United States Constitution, requires the New York court to defer to the jurisdiction of the North Carolina court. Under the PKPA, the New York court may not…
2Cases cited5 opinions
- Matter of Baby Boy ScearceCourt of Appeals of North Carolina · 1986
- Capobianco v. WillisAppellate Division of the Supreme Court of the State of New York · 1991
- Mott v. Patricia Ann R.New York Court of Appeals · 1997
- Davis v. DavisCourt of Appeals of North Carolina · 1981
- Mott v. Patricia Ann R.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Reis v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1999
- Steele v. NeemanAppellate Division of the Supreme Court of the State of New York · 2001
- French v. FrenchAppellate Division of the Supreme Court of the State of New York · 2002
- Collum v. KelleyAppellate Division of the Supreme Court of the State of New York · 1999