In Re Marriage of Zierenberg

William Zierenberg appeals from the denial of his motion to vacate a judgment of dissolution and order awarding custody of his two minor children to their mother, respondent Alma Zierenberg. We find that under the Uniform Child Custody Jurisdiction Act (UCCJA) and the federal Parental Kidnapping Prevention Act (PKPA), the California court was without jurisdiction to render the custody orders, which therefore must be vacated. We vacate the judgment of dissolution.

Factual and Procedural Summary

The parties were married in Puerto Rico in December of 1979. They had two children, bom in Puerto Rico on May 21, 1981, and September 23, 1986. The family lived in Puerto Rico until some time in 1989, when Alma Zierenberg and the children moved to California. Both William Zierenberg and Alma Zierenberg then filed proceedings for dissolution and custody, the former in Puerto Rico, and the latter in California.

The Puerto Rico Action

William Zierenberg filed his action in the Puerto Rico Superior Court on February 9, 1990. He alleged that the children had moved to California on September 3, 1989.

In response to this action, Alma Zierenberg contacted an attorney in Puerto Rico.…