Scott v. Somers

Matthew A. Scott (plaintiff) and Jacklyn A. Somers (defendant) had a child out of wedlock in 1999 in Connecticut. In 2001, Scott and Somers moved to Florida with the child. Scott and Somers's relationship crumbled, and in November 2002, a Florida court granted Somers temporary primary custody of the child, subject to Scott’s visitation rights. Scott and Somers dispute what transpired between 2002 and 2004 with regard to who had custody of the child and for what periods of time. In August 2004, Scott filed an action for custody of the child in Connecticut. In October 2004, the Connecticut court issued an order awarding temporary custody of the child to Scott until the court could discuss the propriety of jurisdiction with the Florida court. The courts were unable to reach an agreement with regard to jurisdiction. Nonetheless, in November 2004, the Connecticut court issued an order retaining jurisdiction and held a final hearing on Scott's application for custody. The Connecticut court exercised jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), but did not consider the implications of the Parental Kidnapping Prevention Act (PKPA), which requires that courts examine the sister state's laws related to jurisdiction. The Connecticut court awarded sole legal and physical custody of the child to Scott, subject to visitation by Somers. At the same time the Connecticut court entered its order, the Florida court determined that it had jurisdiction and awarded Somers primary residential custody of the child. Somers appealed the Connecticut order.