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Briona Danielle Kogelv.Christofor Kogel

CourtCourt of Appeals of Georgia
Docket No.A16A0128
DecidedMay 18, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodySubject Matter JurisdictionStatutory InterpretationDirect AppealReversal
Case Summary

Briona Kogel challenged a temporary child-custody order awarding custody of her child to the child’s father. She argued that the trial court lacked subject-matter jurisdiction under Georgia’s interstate child-custody statute and therefore erred by denying her motion to vacate the order and holding her in contempt. The Court of Appeals held that the trial court improperly treated disputed facts about the child’s residence and the mother’s intentions as grounds to deny the jurisdictional challenge. The statutory analysis required the court to determine whether Georgia satisfied the jurisdictional conditions for an initial custody determination, including the child’s home-state and significant-connection requirements. Because the trial court had not applied the statute correctly and lacked authority to maintain the challenged temporary order on the record presented, the appellate court reversed the denial of the motion to vacate. The judgment was reversed, and the temporary custody order could not stand on the trial court’s stated reasoning. Two judges concurred.

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Briona Danielle Kogel v. Christofor Kogel — The Atlanta Gleaner