McArthur

McArthur v. Superior Court

Good Law
1 Cal. Rptr. 2d 296·1991 Cal. App. LEXIS 1282·235 Cal. App. 3d 1287·91 Daily Journal DAR 13700·91 Cal. Daily Op. Serv. 8917
Court of Appeal of CaliforniaNovember 5, 1991H008727California2,531 words

Opinion

Opinion

Capaccioli, J.

—This is a petition for mandate or prohibition arising under the Uniform Child Custody Jurisdiction Act (UCCJA, Civ. Code, § 5150 et seq.) and raising questions of modification jurisdiction and personal jurisdiction over the out-of-state parent.

The parties were divorced in Ohio. The Ohio court decree provided for child custody and support. The custodial parent, the mother, then moved to California. We must decide whether the mother may invoke California jurisdiction to seek modification of the Ohio decree and to assert personal jurisdiction over the father, who has remained in Ohio. Father asserts there is neither personal jurisdiction over him nor subject matter jurisdiction under the UCCJA and petitions this court for an extraordinary writ quashing service on him and terminating the California proceeding. For reasons we will state, we will issue the writ.

Facts

Residents of Ohio, the parties obtained an Ohio divorce decree in 1989. They have two children born January 1, 1983, and September 30, 1985. The divorce degree incorporated the parties’ separation agreement, which divided their property and awarded physical custody of the children to mother, visitation rights…

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