W.M.
W.M. v. V.A.
Opinion
Lead Opinion
Grimes, J.
*68 SUMMARY
This is a child custody proceeding arising under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Fam. Code, § 3400 et seq. ). 1 The proceeding raises questions of jurisdiction as between California and Belarus. Under the UCCJEA, a California court otherwise having jurisdiction cannot exercise its jurisdiction if a child custody proceeding has already been commenced in a court of another state "having jurisdiction substantially in conformity with" the UCCJEA. (§ 3426, subd. (a), hereafter section 3426(a), sometimes referred to as the "simultaneous proceedings" statute.)
On June 7, 2017, a Belarus court issued a decree finding the place of residence of baby L. to be the place of residence of the baby's mother, V.A., in Belarus. On July 20, 2017, baby L.'s father, W.M., who was unaware of the Belarus decree, filed a petition in the superior court, seeking legal and physical custody of baby L. A few days later, the trial court granted father's ex parte request for temporary emergency orders on child custody and visitation. Mother responded with a motion to quash the orders on the ground that California does not have jurisdiction to issue child custody…