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Final Copy 288 Ga. 495

S10A1334. BELLEW v. LARESE. HINES, Justice. This Court granted Robert Shelton Bellew's application for discretionary appeal to review the trial court's order dismissing his divorce and custody action. We now reverse the trial court's judgment. Bellew and Silvia Larese were married in Italy on June 22, 2002. Larese is an Italian national, and Bellew is a citizen of the United States.1 The couple has a minor child, who was born in Italy on November 12, 2002, and who has dual Italian and United States citizenship. The parents and child resided in Athens-Clarke County from August 2004 to 2007; the couple jointly purchased a home there, declared a homestead exemption for property tax purposes, and filed joint state and federal tax returns. In May of 2007, Larese left with the child for Italy, on an annual summer visit to her family; they were scheduled to return on August 1, 2007. However,

1

Bellew states that he has also acquired Italian citizenship during the pendency of this

action.

they did not, and on August 1, 2007, Larese filed divorce and custody proceedings in the Tribunale di Firenze, a court of general jurisdiction in Italy; it is undisputed that Bellew was served in this action on November 15, 2007. Bellew filed for divorce on September 17, 2007 in the Superior Court of AthensClarke County ("trial court"), with service by publication ordered on October 18, 2007, and an affidavit of publication filed on November 27, 2007. Larese entered a special appearance on November 15, 2007, and referenced the filing in the Tribunale di Firenze; she filed a conditional answer to Bellew's complaint on November 19, 2007.2 The trial court conducted a hearing on November 27, 2007 and, that same day, entered a temporary order granting sole legal and physical custody of the child to Bellew; the child remained in Italy. The Tribunale di Firenze conducted a hearing at which Bellew did not appear, and entered an order on February 29, 2008, exercising jurisdiction over the divorce and granting exclusive custody of the child to Larese, with Bellew being allowed visitation. On September 15,

Bellew also, apparently, initiated a proceeding in Italy to have the child repatriated to him, which was not successful. 2

2

2008,3 Larese moved to stay the trial court's proceedings, and for the trial court to communicate with the Italian courts, asserting that such was required by the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). OCGA

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