Child Custody Order: Toronto v. Rhode Island

Our office was recently hired to write a legal opinion letter as to whether a Toronto Ontario child custody order would be followed in the Rhode Island Family Court. Our opinion was presented to a Judge by the attorney for a mother (resident of Toronto) who wanted her aunt (resident in RI) to take custody of her daughter. We do not know how the case turned out, but we were glad to assist.

In the opinion, the answer could be found in the Uniform Child Custody Jurisdiction and Enforcement Act adopted by Rhode Island in 1997. The Act outlines what a court should do when there are multiple states involved with multiple orders.

This is not an uncommon concept given that people are much more mobile than they used to be. Family Court attorneys need to be aware of these rules in order to know whether a client is filing an action in the correct court. If the court does not have jurisdiction, and the attorney files anyway, there can be hefty penalties and sanctions to that attorney which can be awarded by the Judge to the opposing side.

A quick rule of thumb would be to look at what order entered first, and who still lives there. The original state always has jurisdiction until that court decides it does not, or all parties assent to a change. It is always a good idea to consult the Act again before making a determination.

If you have questions about whether your case can be heard in Rhode Island, please contact us at the Law Offices of Jeremy Howe, Ltd. We can help you save time and money by getting it right the first time!

Kristy J. Garside, Esq., Named to VNS of Newport & Bristol Counties’ Board of Directors

Portsmouth, RI – February 2011 -- Kristy J. Garside, Esquire of Tiverton, has been named to Visiting Nurse Services of Newport & Bristol Counties’ Board of Directors.

Ms. Garside is a graduate of the University of Massachusetts and earned her juris doctorate at the Roger Williams University School of Law. She is a member of the Rhode Island Bar Association, the American Bar Association, the Family Court Bench Bar Committee, the American Family Law Inn of Court (Rhode Island) and is an accredited attorney with the Department of Veterans' Affairs.

Ms. Garside is also a member of the Community Advocacy and Resources for Elders and Seniors RULE: Resources Unlimited and Liaisons for Elders, Newport Group.

Ms. Garside is an attorney with the Law Offices of Jeremy W. Howe, Ltd. in Newport, Rhode Island. Among her presentations are "Military Family Law Issues, Health Care and Retirement Benefits," for the Inn of Court; "Estate Planning and Long Term Care," for the Rhode Association for Deaf Senior Citizens; "QDROS: From A - Z, Food for Thought re: Avoiding Malpractice," for the Rhode Island Bar Association; and conducted the Rhode Island Bar Association's FREE Health Care Durable Power of Attorney Clinic in Newport at the Edward King House.