Keisha W. v. Marvin M. CA1/5
177 Cal. Rptr. 3d 161
Cal. Ct. App.2014Background
- Mother sought a restraining order Aug 6, 2012 and custody relief; order issued Aug 31, 2012 granting Mother physical custody and asserting UCCJEA jurisdiction.
- Father abducted the Minor to Nevada on May 31, 2012 after living in Texas; Texas custody order provided shared custody and later indicated it lacked ongoing jurisdiction.
- Mother moved to California with the Minor in Aug 2011; California asserted jurisdiction under UCCJEA to modify the Texas custody determination.
- A137991: California court held jurisdiction under UCCJEA to modify Texas order; restraining order served Sep 20, 2012 in Nevada.
- A137861: Jan 30, 2013 UCCJEA conference: Texas declined, Nevada neutral, California accepted jurisdiction; appealability of that order at issue; court dismissed the appeal for lack of an appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did CA have jurisdiction to modify the Texas custody order? | Mother: CA home state, CA home state rule supports modification under 3423. | Father: CA lacked authority to modify under UCCJEA. | Yes; CA had jurisdiction under 3423 to modify. |
| Is the August 31, 2012 restraining-order appeal timely? | Mother argues timely under 180-day window from entry. | Father contends timeliness per rule 8.104(a). | Timely; 180 days from entry. |
| Was the January 30, 2013 acceptance of jurisdiction appealable collateral order? | Father argues collateral order doctrine applies to jurisdictional determination. | Father contends it was appealable. | No; not an appealable collateral order; dismissal proper. |
Key Cases Cited
- In re Fernandez-Abin & Sanchez, 191 Cal.App.4th 1015 (2011) (UCCJEA applies to custody and DV protective orders; home state analysis)
- Brewer v. Carter, 218 Cal.App.4th 1312 (2013) (home state within six months alternative basis for jurisdiction)
- In re Nelson B., 215 Cal.App.4th 1121 (2013) (arguments forfeited if not timely raised)
- Richardson-Merrell, Inc. v. Koller, 472 U.S. 424 (1985) (collateral order doctrine scope)
- In re Marriage of Nurie, 176 Cal.App.4th 478 (2009) (conduct by parents affecting jurisdiction under UCCJEA)
- In re Marriage of Battenburg, 28 Cal.App.4th 1338 (1994) (finality requirement for collateral-order analysis)
- Badie v. Bank of America, 67 Cal.App.4th 779 (1998) (standards for appellate briefing and argument)