In re S.W.

Ten years after the parents of B.W.D. and her younger sisters divorced, B.W.D. filed an amended petition alleging that Father had abused and neglected her younger sisters. B.W.D. petitioned the juvenile court to transfer custody solely to her. The juvenile court sua sponte dismissed the petition without giving B.W.D. an opportunity to be heard, basing much of its decision on Utah Code 78B-13-802, which provides that a court must decline jurisdiction if it would have jurisdiction only “because a person invoking the jurisdiction has engaged in unjustifiable conduct.” The Supreme Court reversed, holding that the juvenile court erred in applying an “unjustifiable conduct” test, and its inconvenient-forum determination was deficient, leading it to erroneously deny B.W.D.'s petition. View "In re S.W." on Justia Law

Posted in: Family Law

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