CALIFORNIA FAMILY LAW
...Interstate Custody/UCCJEA
......Jurisdictional Issues
.........Home State/Habitual Residence
 14 Cards On This Topic:
  • Home state defined.
  • Prompt return of C to country of habitual residence under Hague Convention does not render case moot, and trial courts continue to have jurisdiction to adjudicate the merits of the parties’ respective claims.
  • Three year "trial period" in Ireland insufficient to establish a shared intention to abandon habitual residence in CA; Mozes v. Mozes reaffirmed.
  • Hague Convention does not apply in “shuttle custody” cases where parents agreed to abandon C’s sole habitual residence, there was an actual change in geography, and an appreciable period of time had passed; “Habitual Residence” defined.
  • As parents' failed to share settled intention to abandon U.S. as Cs' habitual residence and Cs' lacked acclimatization to Germany, no error in concluding Cs' habitual residence remained U.S.
  • Court did not err in applying Hague Convention and finding Panamanian mother consented to child's removal and retention by American father.
  • To apply Hague Convention, appropriate inquiry was whether U.S. had supplanted Israel as locus of Cs' family and social development, their habitual residence.
  • CA juvenile ct. had subject matter jurisdiction over Cs under the UCCJEA where Cs had lived in CA at least six consecutive months before dependency proceedings commenced.
  • Fam. court erred in finding CA lacked home state jurisdiction where C continuously resided in CA for over 6 mos., and mother moved her to FL less than 6 mos. before F filed custody petition; FC 3402(g) read together with FC 3421(a)(1).
  • Home state of Japan has declined jurisdiction and conferred jurisdiction on CA under the UCCJEA by repeatedly refusing to commit one way or the other to protect C in a custody proceeding or refusing to even discuss jurisdiction with CA.
  • CA cannot be the home state of a child who has never lived here.
  • Barring a threat of mistreatment or abuse in his state of origin, a minor’s unilateral decision to run away to CA cannot defeat the home-state status of his origin state under the UCCJEA.
  • Substantial evidence did not support finding of “home state” jurisdiction where C and mother [who killed H, fled Mex., was arrested, deported and jailed] did not live for 6 consecutive mos. in CA before dependency petition filed.
  • CA had initial UCCJEA home state jurisdiction, never lost jurisdiction to Pakistan, and CA order granting custody to H was valid.


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