Brewer v. Carter
218 Cal. App. 4th 1312
| Cal. Ct. App. | 2013Background
- Brewer, a California father, petitions for parental relationship and custody; Carter moves to Illinois.
- California court initially exercises jurisdiction, but later finds Illinois is a more appropriate forum and stays proceedings.
- Illinois action filed by Carter while California action pending; UCCJEA governs jurisdiction and forum.
- California determines it was not the child’s home state at filing but Illinois was, thus Illinois should determine custody.
- Brewer appeals, arguing California failed to allow evidence under §3427 before finding inconvenience; appellate court agrees and reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in ruling California inconvenient without allowing evidence? | Brewer | Carter | Yes; order reversed for failure to permit evidence under §3427. |
| Was California the home state or had priority under the UCCJEA at filing? | Brewer | Carter | California had home-state jurisdiction; Illinois later sought forum but controversy unresolved on merits due to stay. |
| Did the court properly weigh §3427 factors before staying or basing decision on Illinois action? | Brewer | Carter | Court failed to weigh factors; record silent on necessary findings; remand required. |
Key Cases Cited
- In re Nurie, 176 Cal.App.4th 478 (Cal. App. 2009) (abuse of discretion standard for inconvenient-forum determinations)
- In re Arceneaux, 51 Cal.3d 1130 (Cal. 1990) (implied findings rule; substantial evidence required when record silent)
- In re Aninger, 220 Cal.App.3d 230 (Cal. App. 1990) (implied findings and weighing of evidence in custody cases)
- Border Bus. Park, Inc. v. City of San Diego, 142 Cal.App.4th 1538 (Cal. App. 2006) (record must show findings; implied findings cannot substitute for lack of evidence)
- Leadford v. Leadford, 6 Cal.App.4th 571 (Cal. App. 1992) (not to presume findings from demurrer-like submissions)
- In re Torres, 62 Cal.App.4th 1367 (Cal. App. 1998) (home state analysis under former UCCJA relevant to home-state inquiry)
- People v. Hollis (In re D.S.), 217 Ill.2d 306 (Ill. 2005) (Illinois UCCJEA provisions; jurisdictional requirements in interstate custody)