In Re Marriage of Nurie

Bad Law
176 Cal. App. 4th 478·98 Cal. Rptr. 3d 200
Court of Appeal of CaliforniaAugust 7, 2009A121719California14,065 words

Opinion

Opinion

This case graphically confirms what we said long ago: "`[c]ontroversies over custody are oftentimes long drawn out and bitter ....' [Citation.]" ( In re Marriage of Joseph (1990) 217 Cal.App.3d 1277, 1283 [ 266 Cal.Rptr. 548 ].) This one involves an acrimonious six-year international custody battle, in which lawyers on two continents seemingly have left no stone unturned, while the parties themselves have left no rock unhurled. The accusations and counteraccusations include kidnapping, fraud, and domestic violence, all set against a backdrop of INTERPOL [1] warrants, armed gunmen, and flights from justice. In both California and Pakistan, mud has been slung, court orders flouted, and reputations challenged.

(1) The issue on appeal, however, is the far less dramatic one of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). (Fam. Code, § 3400 et seq.) [2] We conclude the well-reasoned decision of the trial court was correct: the California court that dissolved the marriage had initial home state jurisdiction, it never lost jurisdiction, and its order granting custody to the husband was valid when entered and remains valid. [3] The…

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