R.B.

R.B. v. D.R.

Good Law
238 Cal. Rptr. 3d 904·28 Cal. App. 5th 108
Court of Appeal of CaliforniaOctober 11, 2018E068760California3,213 words

Opinion

Lead Opinion

Ramirez, J.

*110 R.B. (father) and D.R. (mother) are citizens of India who were married in India. They came to California, where, in October 2013, their only child - a daughter - was born. In December 2016, the father allegedly slapped the child and hit the mother. In February 2017, the mother discovered that the father was involved with another woman. She immediately left for India with the child.

*111 On February 11, 2017, in India, the mother obtained a restraining order giving her sole custody of the child. On February 24, 2017, in California, the father obtained an ex parte order (later stayed) giving him sole custody of the child.

After an evidentiary hearing, the trial court ruled that it had jurisdiction, but that India was a more appropriate forum. It therefore stayed the California proceeding.

The father appeals. He contends that the trial court erred by finding that India was a more appropriate forum, because:

1. India did not have concurrent jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). ( Fam. Code, § 3400 et seq. )

2. The trial court misevaluated the statutorily relevant factors.

In the published portion of this opinion, we will…

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