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Woolsey v. Smith

Connecticut Superior Court Judicial District of Fairfield at Bridgeport
Sep 27, 2010
2010 Ct. Sup. 19021 (Conn. Super. Ct. 2010)

Opinion

No. FA10 403 28 76

September 27, 2010


MEMORANDUM OF DECISION


The plaintiff's application for a writ of habeas corpus concerning child custody is dismissed because the claims alleged by the plaintiff are moot and plaintiff's present application fails to set forth new evidence or additional facts. Plaintiff's claims are essentially the same as previously alleged and previously denied. This court no longer has subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

This court has carefully considered the facts alleged in plaintiff's complaint including facts implied from the allegations and has construed them in a manner most favorable to the plaintiff. Lebejko v. Lebejko, 2007 Conn.Super. LEXIS 602. Kyle, who was a minor child when similar proceedings were instituted several years ago, is now an adult. Since Kyle is now 18 this court has been divested of any jurisdiction over him. He is no longer a child as defined by UCCJEA or Connecticut Statutes. Graham v. Graham, 2002 Conn. Super 5. The plaintiff also argues that prior judgments of the court in Texas are void. Woolsey v. Smith, 925 S.W.2d 84, 1996 Texas App. LEXIS 1351; Woolsey v. The Adoption Alliance, 2001 Texas App. LEXIS 4047. However there is no basis to support plaintiff's argument.

The application filed by the applicant-plaintiff is dismissed.


Summaries of

Woolsey v. Smith

Connecticut Superior Court Judicial District of Fairfield at Bridgeport
Sep 27, 2010
2010 Ct. Sup. 19021 (Conn. Super. Ct. 2010)
Case details for

Woolsey v. Smith

Case Details

Full title:PAUL WOOLSEY v. DAVID SMITH

Court:Connecticut Superior Court Judicial District of Fairfield at Bridgeport

Date published: Sep 27, 2010

Citations

2010 Ct. Sup. 19021 (Conn. Super. Ct. 2010)