Grahm

BACKGROUND

Petitioner, father in a child custody matter, seeks a writ of mandate requiring the family court to vacate an order entered on March 29, 2005, in which it determined that it no longer had exclusive jurisdiction to modify its original child custody/visitation order. The original custody order was entered in October 2003, after the parties stipulated to a judgment of dissolution of their marriage. The family court awarded the parties joint custody of their twin girls, bom in California on October 2001, but physical custody was awarded to respondent. One month before entry of the judgment, mother had moved with the twins to New York, with the consent of father.

Four months later, mother applied for an order in the New York court to modify custody. The New York court dismissed her motion on the ground that it lacked jurisdiction. The mother appealed the dismissal, and the New York appellate court affirmed.

In the meantime, petitioner continued to seek relief on visitation issues in California, including makeup visitation time and a request to take the children on a cruise. Petitioner subsequently filed a motion to modify visitation orders and one month later, a…