Lough

Petitioner Cynthia Lough (Cynthia) seeks a writ of mandate directing the respondent court to vacate an order requiring her to appear with a minor child, to vacate its finding that California has jurisdiction over this matter, and to enter an order that Ohio is the state having jurisdiction. Cynthia contends there is no basis for continuing jurisdiction in California over custody, child support and visitation issues since no parent resides in this forum and California has lost all or almost all contact with the child. (Civ. Code, §§ 5150-5174.) We agree. The petition is granted. A peremptory writ of mandate shall issue directing the respondent court: (1) to vacate its orders asserting jurisdiction over custody, child support and visitation issues, and (2) to inform the appropriate court in Ohio that California declines jurisdiction, in that Ohio is the more appropriate forum for litigation of all custody, child support and visitation issues arising subsequent to the December 13, 1991, hearing.

Background

A dissolution of the marriage of Cynthia and David J. Lough (David) was entered in California in September 1991. Cynthia received full physical custody of the child.…