Jurisdiction


#1

The Court Order under which the ex and I operate was issued to us when we both lived in the same county. Since then, we have both moved. She has the kids in one county, I live in another and we both have been away from the original county for more than a year. In June, 2013, I filed a Contempt of Court Motion on her in the original county and we both had to travel for the hearing. My Motion was denied. Three months later I filed for a change of venue which was granted and I had it sent to the county where she resides. Since neither one of us had lived in the original county for more than a year, did this Court that heard the Contempt charge have proper jurisdiction? SInce the Change of Venue was granted, on my motion and based on our residence, does this imply a lack of jurisdiction in the Contempt hearing since the same circumstances existed in regards to residence of the parties? Is this the same as Subject Matter Jurisdiction? Can I file a Motion to have the ruling against me stricken due to incorrect subject matter jurisdiction?


#2

Jurisdiction and venue are different things. Jurisdiction is based on the state in which the children reside. Since the motion to change venue had not yet been ruled on when your motion for contempt was heard, the court had the proper authority to enter the order.