In Re Marriage of Fox

Appeal by Lisa Marie Fox from an order of the Ventura County Superior Court staying child custody proceedings filed by her in that court and enforcing a Louisiana custody order in favor of respondent David Duane Fox.

We hold that under the Uniform Child Custody Jurisdiction Act (hereinafter U.C.C.J.A.; Civ. Code, § 5150 et seq.) there is not substantial evidence to support the finding of Louisiana jurisdiction, and the trial court abused its discretion in its ruling declining jurisdiction. We reverse and remand.

Facts

The stipulated facts are as follows: Appellant and respondent, both former residents of California, were married on July 8, 1980, in Tennessee, where respondent had been transferred in his capacity as a United States Navy enlisted man. Their child, David Duane Fox, Jr., was born in Tennessee on January 21, 1983, and lived there with them until December 9, 1984, when the family moved to Louisiana.

On January 11, 1985, appellant left Louisiana and went to her parents’ home in Camarillo, California. She took their child with her and left a note for respondent stating that she was going to her parents because she “had to get away and think,” and that she was…