Preview:

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1233 September Term, 1995 _______________________________

JENNIFER LOUISE HARRIS

V.

CRAIG A. SIMMONS ET AL.

_______________________________ Cathell, Salmon, Eyler, JJ. _______________________________ Opinion by Salmon, J. _______________________________ Filed: May 3, 1996

The

parties

to

this

appeal

are

battling

for

custody

of

Brittany K., the 6-year-old daughter of appellant Jennifer Harris (nee Simmons). Carolina had The principal issue presented is whether South subject-matter jurisdiction to make a permanent

custody determination. Brittany was born on April 4, 1990. Robert K., died in August 1992. Her natural father,

Until appellant was admitted to

the psychiatric ward of Fairfax General Hospital in February 1993, she and Brittany lived in various homes in Maryland. Craig and Ann

Simmons ("the Simmonses"), Brittany's maternal grandfather and his wife, took in Brittany when Mrs. Harris was admitted to the hospital. After her release, appellant and the Simmonses entered

into a voluntary "Care, Custody and Support Agreement" on May 2, 1993, which sought to "ensure stability for Brittany until she reaches school age or until such time as Jennifer Simmons is able to provide a stable and secure living arrangement for both herself and Brittany," by allowing Brittany to continue living with the Simmonses. 1993, when Brittany lived with the Simmonses until August 27, appellant changed her mind and insisted that her

daughter again reside with her.

For the next seven months,

Brittany lived with her mother and step-father, Louis Edward Harris, Jr.1 Mr. Simmons, with appellant's consent, picked up Brittany on April 8, 1994 for a pre-arranged period of visitation. The

1

Appellant married Mr. Harris on October 1, 1993.

Simmonses planned to have Brittany visit them in their new home in Horry County, South Carolina. The three-week visit was scheduled

to allow appellant time to recover from the birth of her second child. Mr. Simmons's daughter, Mary (appellant's sister),

discovered bruises and welts on Brittany's buttocks and legs shortly after the visitation period began. Upon arrival in South

Carolina, the Simmonses had Brittany's injuries examined by a physician, who reported possible child abuse to the South Carolina Department of Social Services. South Carolina notified the Prince

George's County Department of Social Services (PGDSS) that it was investigating the possible abuse of Brittany. independent finding of child abuse on May 9, 1994. Brittany told appellees and her treating physicians that her stepfather beat her with a belt, causing the bruising. Mr. Harris PGDSS made an

was contacted, and he admitted that he had hit Brittany with his belt once on each of two different occasions, both on April 5, 1994. Appellant and her husband maintained, however, that the

bruising was not the result of Mr. Harris's use of the belt but was instead the result of Brittany falling off playground equipment on April 4, 1994. Proceedings in South Carolina The litigation leading to this appeal began on April 19, 1994 when appellees filed for custody of Brittany in the Circuit Court for Horry County, South Carolina. That same day, the court issued

an ex parte emergency order granting temporary physical custody of Brittany to the Simmonses, stating, "Without determining whether this Court has on-going jurisdiction in this matter, the facts

found above [that Brittany has been physically abused] gives this Court emergency jurisdiction to enter necessary and appropriate orders." Appellant filed a motion to dismiss "Due to Forum Being Inconvenient." The South Carolina court issued an order on June

27, 1994, awarding temporary custody of Brittany to appellees pending trial. "former home The court referred to Maryland as Brittany's state" and cited, as bases for exercising

jurisdiction, the emergency and "significant connections" test of the South Carolina Uniform Child Custody Jurisdiction Act

("UCCJA").

The order was captioned "Final as to Jurisdiction."

A permanent custody hearing was held on January 26, March 7, and March 9 of 1995. The South Carolina court granted permanent

custody to the Simmonses on April 7, 1995, stating, "The prior, unappealed final order as to jurisdiction is binding upon this Court, and is the law of this case." Proceedings in Maryland On May 9, 1994, twenty days after the Simmonses instituted suit in South Carolina, appellant filed a complaint in the Circuit Court for Prince George's County, Maryland, seeking custody of Brittany under Maryland's UCCJA, alleging that Maryland was

Brittany's "home state."2

2

FL

Download Harris v. Simmons.pdf

Maryland Law