CALIFORNIA FAMILY LAW
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Interstate Custody/UCCJEA
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Jurisdictional Issues
.........Jurisdictional Bases
8 Cards On This Topic:
Jurisdictional bases for a Calif. Court making a custody determination.
Presence of child for purpose of obtaining gender-affirming care is sufficient to exercise jurisdiction.
Grandparents' residence in CA insufficient to give CA continuing UCCJEA jurisdiction.
UCCJEA is a mandatory rule, but does not regulate a California trial court’s fundamental jurisdiction and can be forfeited by a failure to raise the issue.
Failure to comply with Uniform Child Custody Jurisdiction and Enforcement Act with regard to Arizona child results in reversal of order terminating parental rights.
Where no jurisdictional competition or conflict, juvenile court properly exercised emergency jurisdiction and CA was proper forum under UCCJEA when it declared C dependent and removed him from parental custody.
Trial court erred in finding it had no UCCJEA jurisdiction where W and C had significant connection with CA and substantial evidence available here concerning C's care, protection, etc. [FC 3421 (a)(2).]
Mex. had SMJ under UCCJEA where Mex. was C's home state, and she was temporarily absent only for medical treatment; jurisdiction not conferred on Cal. court and there was no basis for temp. emergency jurisdiction.