Barcus Ex Rel. Miller v. Barcus

McCORMICK, Justice.

In this case of first impression under the Uniform Child Custody Jurisdiction Act, we must decide whether the trial court erred in refusing to exercise its jurisdiction to decide the merits of a custody dispute. The court sustained a petition for writ of habeas corpus, ordering the child returned to Illinois for decision of the custody issue in a case pending there. We hold that the court did not err in declining jurisdiction but that the transfer of the child should be conditionally stayed pending final adjudication of the custody issue. We affirm the trial court’s order…