In re Luis J. CA4/1

Good Law
Court of Appeal of CaliforniaAugust 7, 2014D065450California1,528 words

Opinion

Opinion

Huffman, J.

DISCUSSION

1. Overview The UCCJEA sets forth the exclusive method in California for determining the proper forum in child custody proceedings where multiple jurisdictions have possible authority over a child. (In re C.T. (2002) 100 Cal.App.4th 101, 106; § 3402, subd. (d); § 3405, subd. (a) [incorporating foreign countries as well as U.S. states within the purview of the Act].) In the context of dependency proceedings, the UCCJEA is intended to avoid jurisdictional competition and conflict, promote interstate cooperation and the litigation of custody issues where the child and his family have the closest connections, avoid relitigation of another jurisdiction's custody decisions and promote the exchange of information and other mutual assistance between courts of other jurisdictions. (In re C.T., supra, at p. 106.)

3 2. Jurisdiction under the Act The existence of subject matter jurisdiction under the UCCJEA is determined at

the time a child custody action is commenced; such jurisdiction cannot be conferred by stipulation, consent, waiver or estoppel. (In re A.C. (2005) 130 Cal.App.4th 854, 860.) A. General Subject Matter Jurisdiction Under section 3421, a…

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