Pat Doe v. Alexander Y. Miller

Summary

The Maine Supreme Judicial Court vacated a District Court judgment dismissing a protection-from-abuse complaint filed by Pat Doe against Alexander Y. Miller on behalf of herself and their three children. The trial court had dismissed as to Doe for lack of personal jurisdiction, reasoning that she had submitted to personal jurisdiction in Connecticut where she had earlier sought a protection order, and had dismissed as to the children under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because a temporary protection order had been in place in Connecticut when the Maine complaint was filed. The Law Court held that a plaintiff consents to personal jurisdiction by filing a complaint, that the pendency of an action in another state does not generally abate a later action between the same parties, and that a court may not ordinarily raise personal jurisdiction sua sponte. As to the children, the court held that under 19-A M.R.S. § 1750(2), when a child custody proceeding is pending in another state, the Maine court must stay its proceeding and communicate with the other state's court before dismissing; because the District Court never communicated with the Connecticut or Maryland courts, dismissal was premature. The court remanded for further proceedings on Doe's individual request and for the court to follow the UCCJEA's communication procedure if Doe still seeks relief for the children.