Vencotte Merchant v. Eleice Ferguson (2010)

ORDER OF DISMISSAL

This action, seeking custody of the parties' minor child, raised concerns from the beginning as to this court's jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Conn. Gen.Stat. §§ 46b-115a et seq.

On May 21, 2010, this court heard both parties on the issues presented in the case.   At that hearing, the court was informed that Ms. Ferguson had filed an action in the Ontario Court of Justice in Brampton, Ontario.   This court informed Mr. Merchant that the order of custody in his favor on that day was subject to revocation in light of what might transpire in Canada, and that he should be prepared to go there to argue his position as to both jurisdiction and custody.   This court continued the case to June 28 for further proceedings to assess any new information relative to the Canadian proceedings.

On June 28, neither party appeared in this forum.   On that date, the court received the attached letter and orders from the Canadian court indicating that it has taken jurisdiction over the parties' custody dispute, and will hold a further hearing on July 14.

Accordingly, all prior orders entered in this court are hereby vacated, and the matter is dismissed for lack of subject matter jurisdiction.

Boland, J.

Boland, John D., J.