Brock v. District Court of County of Boulder

620 P.2d 11 (1980)

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Brock v. District Court of County of Boulder

Colorado Supreme Court
620 P.2d 11 (1980)

Facts

Karen Lane Brock (plaintiff) and John Lane (defendant) obtained a divorce decree in Georgia, where they both lived. The decree awarded permanent custody of their eight-year-old son to Karen, with John entitled to visitation rights. John moved to Colorado. When the child came to visit him in Colorado, John refused to return him to his mother in Georgia and instead petitioned a Colorado district court to award John permanent custody based on a claimed emergency involving the child’s psychological state—specifically, hyperactivity and adjustment disorder. Karen sought to dismiss the Colorado action, arguing that Georgia maintained jurisdiction over the custody dispute. Based on the Uniform Child Custody Jurisdiction Act, the Colorado court determined that it could invoke jurisdiction based on the asserted emergency and the child’s presence in Colorado. The Colorado court then awarded John custody. Karen then brought an original proceeding in the Colorado Supreme Court, asking it to reject the district court’s ruling.

Rule of Law

Issue

Holding and Reasoning (Quinn, J.)

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