Friedman v. District Court: When the family relocated, the trial court had no jurisdiction to determinate child custody pursuant to the UCCJEA.
By Laura Morgan, Family Law Consultant
Trial court, which had issued parents’ divorce decree, no longer had exclusive, continuing jurisdiction to make child custody determinations concerning parents’ children, pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), as the trial court found that neither father, mother, nor the children resided in the state. Thus, the trial court was required to stay proceedings in connection with mother’s application for an order awarding her primary physical custody of children, communicate with California court in which father had registered parties’ original divorce decree and sought joint physical custody of children, and defer to California court’s decision on whether to exercise or decline jurisdiction over the matter.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.
Allegations of child abuse in custody litigation have occurred with increased frequency in recent decades. The prevalence of false allegations of child abuse has similarly increased, destroying otherwise healthy and loving parent-child relationships, leaving long-lasting emotional scars on child victims, threatening the freedoms of those wrongfully accused, impacting the ability of vilified parents to financially support their children, and creating judicial waste grounded in the witting manipulation of various experts and the judiciary by a vengeful parent.