CALIFORNIA FAMILY LAW
...Interstate Custody/UCCJEA
......Jurisdictional Issues
.........Declining Jurisdiction
9 Cards On This Topic:

Calif. may decline jurisdiction based on forum non conveniens.

When deciding whether to decline jurisdiction based on CA being an inconvenient forum, the court shall consider whether gender-affirming health care is at issue.

In determining whether to decline jurisdiction because of petitioner’s conduct, the court shall consider whether it was related to obtaining gender-affirming health care.

Court may decline jurisdiction where one party has engaged in unjustifiable conduct.

Only Home State can determine if it is an inconvenient forum.

Under UCCJEA, CA court with home state jurisdiction over child could find that India was a more convenient forum even though it did not have concurrent jurisdiction.

Mexican judicial authorities' failure to respond to juvenile ct.'s e-mails amounted to declination of jurisdiction over dependency matter; Mother's and Cs' CA connections and evidence of Cs' care in CA supported jurisdiction.

Before court finds CA is an inconvenient forum re custody issues, it must provide parties an opportunity to present evidence on the issue per FC 3427.

Cal. may not decline jurisdiction over custody action until both FC 3422 "significant connection" and "substantial evidence" factors determined; Father still remained in Cal.