Pieri

Petitioner (mother) challenges an order of respondent court denying her motion to stay or dismiss a child custody matter on inconvenient forum grounds. We conclude that, under the totality of circumstances before respondent court, the court did not abuse its discretion in retaining jurisdiction to modify its decree.

Petitioner and Kenneth W. Fieri (father), real party in interest herein, were married in San Francisco in 1985. Their son, Nicholas, was born in San Francisco on April 6, 1986. In 1988, mother initiated divorce proceedings in California, and in August of that year, the parties entered into a stipulation regarding custody of Nicholas which was incorporated into the judgment of dissolution. The parties agreed that mother would have sole physical custody of Nicholas and would move to Switzerland where she had grown up. The parties agreed to share joint legal custody and to “share equally in the decision making regarding Nicholas’s schooling, health and the importance of Nicholas continuing to maintain English as a primary language.” The stipulation further provided that during the summer of 1989, mother would bring Nicholas to California for a visit of three…