In Re Guardianship of Ariana K.

I. INTRODUCTION

Mike K. appeals from an order appointing Kyriaki K. and Barbara K. as the guardians of Ariana K. Mike is Ariana’s father. Kyriaki is Adana’s grandmother. Barbara is Adana’s maternal aunt. Adana’s mother, Despina K., is deceased. In the published portion of this opinion, we will address the issue of whether the trial court had subject matter jurisdiction to enter the challenged visitation and custody orders. As will be noted, we conclude the trial court had subject matter jurisdiction. More specifically, we hold that the Hague Convention on the Civil Aspects of International Child Abduction of October 25, 1980, T.I.A.S. No. 11670, did not deprive the trial court of subject matter jurisdiction to adjudicate the guardianship dispute. In the unpublished portion of the opinion, we explain why the present appeal must be dismissed pursuant to the fugitive disentitlement doctrine. Finally, we will deny the monetary sanctions request of Barbara and Kyriaki.

II. BACKGROUND

A. The January 5, 1998, Guardianship Petitions

On January 5, 1998, Kyriaki and Barbara filed separate petitions for temporary guardianship and appointment of a guardian for Ariana. In support…