O.C.G.A. § 19-11-72 (2019)
Jurisdiction in other proceedings not conferred
Participation in any proceedings under this article shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
History
Ga. L. 1958, p. 34, § 27.
Annotations
JUDICIAL DECISIONS Immunity of petitioner from respondent’s state court claim. - Statute does not provide the petitioner with blanket immunity from jurisdictional exercise by respondent state’s court. Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485, 1976 Ga. App. LEXIS 1528 (1976). O.C.G.A. § 19-11-72 provides a nonresident petitioner immunity from the juris-
diction of the responding state’s courts if the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., procedures have been invoked for its legitimate ends - the enforcement of the duties of support. Earley v. Earley, 165 Ga. App. 483, 300 S.E.2d 814, 1983 Ga. App. LEXIS 1918 (1983). When there was no evidence that a nonresident former husband had initiated
a Uniform Reciprocal Enforcement of Support, O.C.G.A. § 19-11-40 et seq., proceeding for an illegitimate end, he was immune under O.C.G.A. § 19-11-72 from personal jurisdiction in an action by his former wife to domesticate a Virginia divorce decree and have him held in contempt for nonpayment of support. Riersgard v. Morton, 267 Ga. 451, 479 S.E.2d 748, 1997 Ga. LEXIS 18 (1997). Enforcement only of obligations under valid court order. - There is no authorization for the provisions of the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., to be used to force respondent to meet obligation other than under terms of valid court order. Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485, 1976 Ga. App. LEXIS 1528 (1976). Counterclaims precluded. - Statute precludes counterclaim based on theory that the plaintiff, by initiating the proceeding, submits to jurisdiction generally. Thibadeau v. Thibadeau, 133 Ga. App. 154, 210 S.E.2d 340, 1974 Ga. App. LEXIS 997 (1974); Register v. Kandlbinder, 134 Ga. App. 754, 216 S.E.2d 647, 1975 Ga. App. LEXIS 2156 (1975).
O.C.G.A. § 19-11-72 precludes counterclaims based merely on the theory that the plaintiff, by initiating the procedure on behalf of the named defendants, has submitted to the jurisdiction of the court of the responding state for other purposes. Earley v. Earley, 165 Ga. App. 483, 300 S.E.2d 814, 1983 Ga. App. LEXIS 1918 (1983). Proceedings as constituting tort upon respondent. - “Proceedings” are not “proceedings” under the statute when the proceedings constitute a tort upon a resident respondent. Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485, 1976 Ga. App. LEXIS 1528 (1976). When institution of proceedings under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) results in implication of a tort upon the respondent, jurisdiction is not merely ancillary to the petitioner’s initiation of proceedings under those provisions, but rather would be based upon the commission of a tortious act in this state. Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485, 1976 Ga. App. LEXIS 1528 (1976).
RESEARCH REFERENCES C.J.S. 6 C.J.S., Appearances, § 46. 21 C.J.S., Courts, §§ 91, 108. 67A C.J.S., Parent and Child, § 204 et seq.
U.L.A. Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 31.