Kent

Kent v. Kent (In re Kent)

Good Law
247 Cal. Rptr. 3d 466·35 Cal. App. 5th 487
Court of Appeal of CaliforniaMay 17, 2019D074529California3,574 words

Opinion

Lead Opinion

Irion, J.

*491 In this appeal the appellant challenges a specific ruling of the family court on her request for an order to modify a child custody and child support order issued by a North Carolina court . The family court granted in part and denied in part the appellant's request, without first determining whether the California court had jurisdiction *468 under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA; Fam. Code, § 3400 et seq. 1 ). Accordingly, without reaching the merits of the arguments related to the substantive ruling on appeal, we will reverse the order because, based on the record before the family court at the time it ruled, the court lacked jurisdiction to modify the North Carolina order.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant Molly Kent (Mother) and respondent Samuel Kent (Father) share two children ages 13 and 11. On August 2, 2017, the General Court of Justice, District Court Division, of the State of North Carolina, County of Iredell (North Carolina Court) filed a "Consent Order Regarding Modification of Child Custody, Permanent Child Custody, and Permanent Child Support" (North Carolina Order) in case No. 17-CVD-835, entitled Kent v. Kent…

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