Koppel

concurring:

As I see it, there were two ways to skin this cat. I agree with the majority that the district court could have abstained under Younger v. Harris. However, I also agree with the district judge that the Rooker-Feldman doctrine applies here, i.e., that this § 1983 lawsuit was a transparent attempt by a losing party to obtain federal court review of the California Superior Court’s pendente lite child custody order after unsuccessfully appealing to the California Court of Appeal and the California Supreme Court.

The alleged denial of due process complained of in the federal lawsuit-for which plaintiff sought the setting aside of the California court’s temporary custody order-was inextricably intertwined with the California judicial proceeding that resulted in the order. I agree with Judge Tevrizi-an that under the Rooker-Feldman doctrine, the district court lacked subject matter jurisdiction in the circumstances. Dubinka v. Judges of the Superior Court, 23 F.3d 218 (9th Cir.1994); Worldwide Church of God v. McNair, 805 F.2d 888 (9th Cir.1986).

Opinion by Judge THOMAS; Concurrence by Judge SILVERMAN.

In this case, plaintiffs seek to invoke the power of the federal courts to alter the course of pending state custody proceedings. We conclude that, as to the claims that are not moot, Younger abstention requires the federal courts to refrain from interference.

I

H.C., a minor girl, is the subject of a bitter custody dispute in Los Angeles County Superior Court between her mother, Idelle Clarke, and her father, Ovando Cowles. Los Angeles County Superior Court Judge Sandoz initially awarded custody to Clarke, providing Cowles with limited supervised visitation. Attorney Dianna Gould-Saltman acted as H.C.’s guardian ad litem.

During the prolonged custody proceedings, Judge Sandoz fell ill and Judge Koppel was assigned to the case pro tempore. On June 2, 1998, at a hearing noticed only the preceding day, but with counsel for all parties present, Judge Koppel issued an order immediately transferring custody of H.C. pendente lite from Clarke to Cowles, citing concerns about Clarke’s “flight risk.” The order also barred all contact between H.C. and Clarke, and bailiffs escorted Clarke to her car. Judge Koppel based *612 her…