Wallace

Petitioner Sharon French Wallace seeks a writ requiring respondent superior court to dismiss or stay a motion to modify child custody in deference to Kentucky where a child custody proceeding is pending. Although we disagree with the court’s conclusion that Kentucky does not have jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA), we conclude that only California has jurisdiction under the Parental Kidnapping Prevention Act (PKPA). Since the PKPA takes precedence over state law when the laws conflict, we deny the relief requested.

Petitioner (hereafter mother) is the mother of two young children. She and the father (real party herein) were married in Massachusetts and moved to California with the children in 1989. They continued living in California although the marriage was dissolved in Kentucky in February of 1992. In the summer of 1992, mother took the children to Kentucky for a month to visit with her family. On July 7, 1992, she moved to modify the Kentucky decree to grant her sole custody of the children. Over father’s objection, Kentucky ruled that it had continuing jurisdiction to modify its decree. Father filed a motion to establish the…