Brewer

A father appeals from a California court order finding Illinois to be a more convenient forum to resolve certain child custody issues. The father contends the trial court made the order without providing the parties an opportunity to present evidence as required under Family Code section 3427. We hold that before a court determines that California is an inconvenient forum to resolve custody issues, the court must provide the parties with an opportunity to present evidence on the issue. Due to the lack of evidence in this case, we cannot presume the trial court considered and applied the statutory factors set forth in section 3427. Therefore, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Appellant Barry Vincent Brewer, Jr., and Kymar Carter have a son, bom in April 2010, who shares Brewer’s name. They lived together as a family in Los Angeles. In June 2011, Carter took their 14-month-old son to Chicago, Illinois, to visit Carter’s family. When she did not return, Brewer filed a petition in propria persona on August 8, 2011, to establish a parental relationship, seeking joint custody and visitation. Brewer requested and received a waiver of…