Teixeira
Teixeira v. Borello CA3
Opinion
Opinion
DISCUSSION
Borello contends the trial court erred by finding El Dorado County lacked jurisdiction to hear Teixeira’s petition and her request for a domestic violence restraining order. We agree. “The [Act] is the exclusive method of determining subject matter jurisdiction in child custody cases. [Citations.] Subject matter jurisdiction over a child custody dispute either exists or does not exist at the time the petition is filed, and jurisdiction under the [Act] may not be conferred by mere presence of the parties or by stipulation, consent, waiver, or estoppel. [Citation.] [¶] The purposes of the [Act] are ‘to avoid jurisdictional competition between states or countries, promote interstate cooperation, avoid relitigation of another state’s or country’s custody decisions and facilitate enforcement of another state’s or country’s custody decrees.’ ” (Schneer v. Llaurado (2015) 242 Cal.App.4th 1276, 1287.) “ ‘Pursuant to the [Act], California courts have jurisdiction over child custody determinations only if the child’s home state is California, or the child’s home state does not have jurisdiction or declined jurisdiction in favor of California. [Citation.]’ [Citation.] The [Act]…