In re Joseph V.D., a Minor

              No. 2--06--0988
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
In re JOSEPH V.D., a Minor ) Appeal from the Circuit Court
) of Kane County.
)
) No. 05--F--389
))
Honorable
(Carisa E., Petitioner-Appellee, v. ) William P. Brady,
Jacob V.D., Respondent-Appellant). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE O'MALLEY delivered the opinion of the court:
Respondent Jacob V.D. appeals the circuit court's order requiring him to pay temporary child
support, as well as all other orders related to child custody, entered pursuant to petitioner Carisa E.'s
petition for temporary custody of the parties' minor child, Joseph V.D. He also appeals the trial
court's order holding him in indirect civil contempt for failure to pay child support as ordered. On
appeal, respondent argues that the trial court lacked jurisdiction over the petition for temporary
custody and thus that the trial court's judgment should be vacated. For the reasons that follow, we
vacate and remand.
On July 1, 2005, petitioner filed in Kane County, Illinois, a petition for temporary custody.
After the trial court denied respondent's motion to quash service of process, respondent filed a
motion to dismiss the petition for lack of subject matter jurisdiction on the basis that, under the
Uniform Child-Custody Jurisdiction and Enforcement Act (Act) (750 ILCS 36/101 et seq. (West
2004)), jurisdiction over the matter belonged in Nevada and not in Illinois, because custody