Stratton v. Steele

BERRY, Justice

(specially concurring) :

I believe 10 O.S.Supp.1972 § 1102, confers jurisdiction in the District Court of Okmulgee County in the present case. This section provides: ■

“Jurisdiction of District Court— Transfer of proceedings. — The district court shall have jurisdiction of any delinquent child, child in need of supervision, or dependent and neglected child, who is found within the county; and of the parent, guardian or legal custodian of the child, regardless of where the parent, guardian or legal custodian is found. When jurisdiction shall have been obtained over any child, it may be retained until the child becomes twenty-one (21) years of age. For the convenience of the parties and in the interest of justice, a proceeding under this act may be transferred to the district court in any other county.”

I recognize that under the divorce decree custody of the minor was placed in the father in Tulsa County wherein the divorce was granted. In my opinion both courts have jurisdiction.

*472If I correctly construe State v. Lohah, Okl., 434 P.2d 928 [1967], we recognize that the County Court of Osage County, sitting as a juvenile court, had jurisdiction to determine the matter presented regardless of the first and pending suit in the district court. We said that it had coordinate jurisdiction with the district court.

However, since full, complete and adequate relief could be obtained in the district court and it had first obtained jurisdiction, and an intolerable conflict would arise if both courts were permitted to act, we held the district court should retain the exclusive jurisdiction of the cause.

An intolerable conflict would exist if both courts would continue to exercise continuing jurisdiction. Since the District Court of Tulsa County first acquired jurisdiction and full, complete and adequate relief could be obtained in that court, I agree that the writ should issue.

I concur specially with the majority opinion.

I am authorized to state that DAVISON, C. J., and IRWIN, J., concur in the views herein expressed.