Sareen
Sareen v. Sareen
Opinion
lead Opinion
Cantilsakauye, J.
Reema Sareen (wife) appeals the trial court’s grant of (husband) Vikas Sareen’s motion to quash jurisdiction in wife’s child custody petition. Wife contends the trial court erred in concluding India was their child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA or Act) (Fam. Code, § 3400 et seq.) 1 and that, absent an order from the court in India declining jurisdiction, California did not have jurisdiction. Wife contends California has jurisdiction under the UCCJEA. We agree with wife and shall reverse the order granting husband’s motion to quash.
FACTUAL AND PROCEDURAL BACKGROUND
On February 17, 2002, husband and wife were married in New Delhi, India. In July 2002 they moved from India to New York State. Husband is a *374 United States citizen and wife is a legal resident of the United States. Their daughter, S., was bom in New York in February 2004. She is a United States citizen.
According to wife, on August 20, 2004, husband told her the family was going to Switzerland for a vacation. However, when they got to Frankfurt, Germany, they changed planes not for Switzerland, but for India. They arrived in India on August 21, 2004.…