Pelej v. Winans
Pelej v. Winans
Opinion of the Court
Petitioner’s application for writ of error was granted to review the ruling of the Court of Civil Appeals, 413 S.W.2d 772, on a point of error challenging the jurisdiction of the Juvenile Court of Dallas County, Texas, to modify a child support order or to enter an order increasing child support payments theretofore entered by judgment of a court of the State of New Jersey. The judgment of the trial court and the judgment of the Court of Civil Appeals are both reversed and the cause is dismissed.
Respondent brought this suit as an independent action for increased child sup
It is undisputed that Respondent filed a suit for divorce against Petitioner in the Superior Court, Chancery Division, Union County, New Jersey; on June 13, 1S61, the Respondent was granted a divorce from the Petitioner and the custody of their two minor children was awarded to Respondent; the Petitioner was ordered to contribute the sum of $166.66 per month for the support and maintenance of said children; the Petitioner and Respondent were resident citizens of the State of New Jersey at the time 'the judgment ordering child support payments was entered; Respondent, prior to the filing of this suit on February 22, 1966, remarried and her name is now Kathryn Anne Winans; at the time this suit was filed, Respondent and the children resided in the State of California; they have never resided in Texas; Petitioner, although a citizen of New Jersey, was temporarily residing in the State of Texas at the time of the filing of this suit; and, Petitioner has at all times complied with the judgment of the Court of New Jersey.
The Respondent argues and the Court of Civil Appeals has held that the Juvenile Court of Dallas County is a special court created by the Legislature, and that the powers delegated to it are to be found in Section 3
Respondent suggests that the Legislature has provided an alternative method of procedure in cases of this character by the enactment of Article 2328b-4, designated at the “Uniform Reciprocal Enforcement of Support Act.” We are concerned only with the narrow question of whether or not the provisions of Article 2338-9, supra, vested the Juvenile Court of Dallas County, Texas, with power and jurisdiction to entertain this independent action for support of the children of the marriage of Petitioner and Respondent. We hold that it does not. Our construction of Article 2338-9, supra, leads us to conclude that when the statute was enacted it was the intention of the Legislature to provide a court for the disposition of juvenile and domestic relations matters. It was the intention of the Legislature to vest in the Juvenile Court of Dallas County jurisdiction over the type of cases indicated in the Act. We cannot subscribe to the theory advanced by the Respondent that in passing this legislation the Legislature intended to create a new cause of action and to vest in the Juvenile Court of Dallas County exclusive jurisdiction over the cause of action created by the Act. The position taken by Respondent when followed to its logical conclusion would lead to the incongruous situation where only those courts created by the Legislature by an Act
The judgments of the trial court and the Court of Civil Appeals are reversed and the cause is dismissed.
. “Sec. 3. The Juvenile Court for Dallas County shall have the jurisdiction concurrent, with the District Courts in Dallas County of all cases involving adoptions, removal of disability of minority and coverture, wife and child desertion, delinquent, neglected or dependent child proceedings, Reciprocal Support Act and all jurisdiction, powers and authority now or hereafter placed in the district or County Courts under the juvenile and child welfare laws of this State; and of all divorce and marriage annulment cases, including the adjustment of property rights and custody and support of minor children involved therein, alimony pending final hearing, and any and every other matter incident to divorce or annulment proceedings as well as independent actions involving child ■custody or support of minors, change of name of persons; and all other cases involving justiciable controversies and differences between spouses, or between parents, or between them, or one of them, and their minor children, or between any of these and third persons, corporations, trustees or other legal entities, which are now, or may thereafter be, within the jurisdiction of the District or County Courts; all cases in which children are alleged or charged to be dependent and neglected children or delinquent children as provided by law, of all suits for trial of title to land and for the enforcement of liens thereon, of all suits for trial of the right of property, and said Court and the Judges thereof shall have power to issue writs of ha-beas corpus, mandamus, injunction, and all writs necessary to enforce their jurisdiction.” (Emphasis added.)
. The Respondent argues that all courts created under Articles 2338-3, 2338-5, 2338-6, 2338-7, 2338-9a, 2338-10, 2338-11, 2338-12, 2338-13, 2338-14, 2338-15, 2338-16, 2338-17, would have jurisdiction of the subject matter of this suit.
Reference
- Full Case Name
- Joseph L. PELEJ v. Kathryn Anne WINANS
- Cited By
- 1 case
- Status
- Published