Thai

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Marriage and dissolution Tien Phan Thai (Father) and Thuy Dung Thi Cao (Mother) were married on March 11, 2016, in Vietnam. Their daughter was born on June 14, 2016, in Vietnam (child 1). On March 13, 2020, Mother gave birth to another daughter in San Jose, California (child 2). Subsequent paternity tests in July 2021 established that Father was not the biological father of child 2. Father petitioned for dissolution on October 23, 2020. Around the same time, he also filed a request for a child abduction prevention order, in which he stated that Mother had “moved here from Vietnam in January of 2020 and has made statements to the effect that she intends to go back,” and “take the children with her.”1 Mother submitted her response to the petition on November 20, 2020, in which she requested sole physical custody of the children, with Father receiving visitation rights.

1 The copy of Father’s request included in the record is signed and dated by Father as of October 22, 2020, although it does not include a file-stamp. In the trial court proceedings, both parties asserted that the request was filed on November 9, 2020, although there is no…