Father's Motion to Modify Custody and Visitation Dismissed Because Court Lacked Jurisdiction Under the UCCJEA.

In the case of Sowers v. Walker, the Virginia Court of Appeals, held that the trial court properly determined it did not have jurisdiction to hear father's motions under the UCCJEA. The trial court did not have exclusive continuing jurisdiction to modify an earlier order concerning the parties' children because neither husband, nor wife, nor the children still lived in Virginia.  The trial court did not have jurisdiction to make aninitial child custody determination because neither the parents nor the child lived in Virginia and they had not lived in Virginia for years. Therefore, Virginia could not be the child's home state.  Finally, the trial court did not have temporary emergency jurisdiction because the child was not abandoned in Virginia or being abused.