CALIFORNIA FAMILY LAW
...Interstate Custody/UCCJEA
......Jurisdictional Issues
.........Declining Jurisdiction
8 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.
  • 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.