Background
Cody Jackson and Stephanie Jackson, now Stephanie Bacon, divorced in Colorado in 2022 and adopted a parenting plan for their two children. The plan contemplated that mother and the children would live primarily in California, while father would remain in Colorado and exercise parenting time during summers and holidays.
Mother initiated a California proceeding concerning custody jurisdiction in 2024. After a UCCJEA conference involving both courts and the parties, the Colorado district court held an evidentiary hearing, concluded California was the more convenient forum under section 14-13-207, and relinquished jurisdiction. It also denied father’s request for attorney fees.
The Court’s Holding
The Colorado Court of Appeals affirmed. It held that Colorado’s exclusive, continuing jurisdiction provision, section 14-13-202, did not prevent the district court from declining to exercise its jurisdiction under the UCCJEA inconvenient-forum provision, section 14-13-207. Although neither statutory condition for Colorado to lose continuing jurisdiction was met, the court retained jurisdiction and could nevertheless decline to exercise it because California was a more appropriate forum.
The court rejected father’s argument that section 14-13-207 applies only before a custody determination has been made. The UCCJEA’s definition of a child-custody determination includes modification orders, and the inconvenient-forum provision permits a court to act “at any time.” The court also affirmed denial of fees because father did not prevail and mother’s jurisdictional request was not groundless, frivolous, or lacking substantial justification.
Key Takeaways
- A Colorado court with exclusive, continuing custody jurisdiction may still decline to exercise that jurisdiction under the UCCJEA’s inconvenient-forum provision.
- Section 14-13-207 may apply after an initial custody order, including where a later proceeding concerns modification of that determination.
- A parent who unsuccessfully opposes a jurisdictional transfer is not entitled to fees on the theory that the other parent’s request was frivolous.
Why It Matters
The decision distinguishes between a court losing UCCJEA jurisdiction and a court choosing not to exercise jurisdiction it still possesses. That distinction allows Colorado courts to account for changed family circumstances and transfer custody litigation to a more suitable state even when one parent retains meaningful Colorado ties.