CALIFORNIA FAMILY LAW
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Interstate Custody/UCCJEA
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Jurisdictional Issues
.........Continuing Jurisdiction
7 Cards On This Topic:
Exclusive and continuing jurisdiction and loss thereof.
Parties' physical presence in CA is insufficient to terminate UCCJEA home state jurisdiction; a judicial determination is required.
Once a court that has jurisdiction under FC §3421(a) makes a custody determination, it obtains exclusive and continuing jurisdiction unless the two conditions in section 3422(a)(1) are met.
Neither UCCJEA nor Prob.C §2201 deprived trial court of subject matter jurisdiction over guardianship proceedings in longstanding custody case concerning Greek-American child.
Hague Convention on Civil Aspects of Internat'l Child Abduction did not deprive trial court of subject matter jurisdiction to adjudicate guardianship in longstanding custody case.
Referral of relinquishment issue to Texas court improper where Cal. court had exclusive, continuing jurisdiction; Cal. court on remand to decide whether to limit mother's control over C re relinquishment.
Cal. retains jurisdiction over custody action until both FC 3422 "significant connection" and "substantial evidence" factors determined; family ct. erred in not focusing on father who remained in Cal.