• The definition of the word "filing" under the UCCJEA for the purpose of calculating the 6 month Home State basis for Jurisdiction..
  • August 24, 2011
  • Law Firm: Brandner Ponzini - Stamford Office
  • Judge Shea, in Albertelli vs. Albertelli was  faced with the issue of whether making a Motion for Order of Notice and obtaining an Order from the Court as to service, constituted a "filing" for the 6 month Home State Jurisdictional basis under the UCCJEA. His answer: No.

    In such a case, the clerk does not retain a copy of the pleadings nor is any fee paid. Traditional notions of filing include retention of documents in a designated place.