Russell

Russell v. Walsh CA1/2

Good Law
Court of Appeal of CaliforniaAugust 24, 2021A160588California4,441 words

Opinion

Opinion

Stewart, J.

BACKGROUND

I. The 2018 Proceedings Russell and Walsh are a former unmarried couple and the parents of a young child born to Walsh in January 2018, when the couple lived together in New York. By March 2018, the three lived together in San Francisco. In June 2018, Russell filed a parentage action in the County of San Francisco Superior Court (Superior Court). Walsh thereafter returned to New York with their child and in July 2018 filed a custody petition in the Westchester County Family Court (Westchester Court). This triggered a jurisdictional conflict between the two courts under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) regarding child custody determinations. (See Fam. Code, § 3421.) Also, in July 2018, Russell obtained an emergency one-week protective order against Walsh from the San Francisco Police Department based on his allegation that Walsh had put Seroquel in his drinks without his consent. He then filed a request in Superior Court for a DVRO against Walsh based on this and other allegations of abuse. The court issued a temporary restraining order against Walsh pending consideration of Russell’s request. In August 2018, the Superior Court and the…

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