Sean k. v. Superior Court

The father of two legitimate children challenges a local juvenile court determination that dependency proceedings on their behalf should be litigated in Texas. The ruling was erroneous, and we direct issuance of a peremptory writ accordingly.

I

In October 1984, Sean K. resided in Orange County with his two preschool-age children. Their mother’s petition for dissolution of marriage was then pending in Texas, and he had signed a written appearance in that action and waived service of process.

Several months later Sean K. was arrested for alleged sexual abuse of his girlfriend’s infant son. His children were removed from the home, eventually to be temporarily placed with his mother; and dependency proceedings were instituted (Welf. & Inst. Code, § 300, subds. (a) and (d)). Coincidentally, on the same day Sean K.’s troubles began in this state, his wife independently signed an affidavit in Texas relinquishing her own parental rights and purporting to place the children with the Texas Department of Human Resources for adoption.

A Texas divorce decree was filed February 19, 1985. It acknowledged the mother’s unrevoked relinquishment of parental rights, ordered the children…