Supreme Court of Delaware
Dixon v. Smith
June 7, 2022
Summary
The Court affirmed the Family Court’s determination that Canada was the more convenient forum for the father’s petition to modify custody because the statutory factors, particularly the location of the children, evidence, and witnesses, supported relinquishing jurisdiction. It nevertheless held that the Family Court erred by dismissing the petition rather than staying the proceedings to allow the father a reasonable opportunity to file a custody proceeding in Canada. The dismissal was vacated and the matter was remanded for entry of a conditional stay.