Martin O. v. Jose T.
Opinion
lead Opinion
Perluss, J.
Jose T.’s parental rights were terminated pursuant to Family Code section 7822, subdivision (a)(3), 1 after the family law court found he had abandoned his three genetic children, Vanessa Q. (bom in May 1993), Christopher Q. (bom in Feb. 1995) and Rebecca Q. (born in Mar. 1997). The children had been in the exclusive care of their mother, L.O. (Mother), and her husband, Martin O., for more than eight years.
On appeal Jose T, who is currently incarcerated in Mexico, contends the judgment is void for lack of personal jurisdiction because he was not properly served with notice of the proceedings in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, article 10 (Nov. 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638) (Hague Service Convention). Because Jose T. made a general appearance through his counsel at the hearing on the petition and thus consented to the court’s exercise of jurisdiction over him, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Martin O. ’s Petition for Judgment Declaring the Children Free from Jose T ’s Custody and Control