SECTIONS 3400-3412 - California Statutes

FAMILY.CODE

SECTION 3400-3412

3400. This part may be cited as the Uniform Child Custody
Jurisdiction and Enforcement Act.

3402. As used in this part:
(a) "Abandoned" means left without provision for reasonable and
necessary care or supervision.
(b) "Child" means an individual who has not attained 18 years of
age.
(c) "Child custody determination" means a judgment, decree, or
other order of a court providing for the legal custody, physical
custody, or visitation with respect to a child. The term includes a
permanent, temporary, initial, and modification order. The term does
not include an order relating to child support or other monetary
obligation of an individual.
(d) "Child custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child is
an issue. The term includes a proceeding for dissolution of marriage,
legal separation of the parties, neglect, abuse, dependency,
guardianship, paternity, termination of parental rights, and
protection from domestic violence, in which the issue may appear. The
term does not include a proceeding involving juvenile delinquency,
contractual emancipation, or enforcement under Chapter 3 (commencing
with Section 3441).
(e) "Commencement" means the filing of the first pleading in a
proceeding.
(f) "Court" means an entity authorized under the law of a state to
establish, enforce, or modify a child custody determination.
(g) "Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six consecutive
months immediately before the commencement of a child custody
proceeding. In the case of a child less than six months of age, the
term means the state in which the child lived from birth with any of
the persons mentioned. A period of temporary absence of any of the
mentioned persons is part of the period.
(h) "Initial determination" means the first child custody
determination concerning a particular child.
(i) "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this part.
(j) "Issuing state" means the state in which a child custody
determination is made.
(k) "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a previous
determination concerning the same child, whether or not it is made by
the court that made the previous determination.
(l) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, or government; governmental subdivision, agency, or
instrumentality; public corporation; or any other legal or commercial
entity.
(m) "Person acting as a parent" means a person, other than a
parent, who: (1) has physical custody of the child or has had
physical custody for a period of six consecutive months, including
any temporary absence, within one year immediately before the
commencement of a child custody proceeding; and (2) has been awarded
legal custody by a court or claims a right to legal custody under the
law of this state.
(n) "Physical custody" means the physical care and supervision of
a child.
(o) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(p) "Tribe" means an Indian tribe or band, or Alaskan Native
village, that is recognized by federal law or formally acknowledged
by a state.
(q) "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.

3403. This part does not govern an adoption proceeding or a
proceeding pertaining to the authorization of emergency medical care
for a child.

3404. (a) A child custody proceeding that pertains to an Indian
child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.) is not subject to this part to the extent that it is
governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a
state of the United States for the purpose of applying this chapter
and Chapter 2 (commencing with Section 3421).
(c) A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional
standards of this part must be recognized and enforced under Chapter
3 (commencing with Section 3441).

3405. (a) A court of this state shall treat a foreign country as if
it were a state of the United States for the purpose of applying
this chapter and Chapter 2 (commencing with Section 3421).
(b) Except as otherwise provided in subdivision (c), a child
custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional
standards of this part must be recognized and enforced under Chapter
3 (commencing with Section 3441).
(c) A court of this state need not apply this part if the child
custody law of a foreign country violates fundamental principles of
human rights.

3406. A child custody determination made by a court of this state
that had jurisdiction under this part binds all persons who have been
served in accordance with the laws of this state or notified in
accordance with Section 3408 or who have submitted to the
jurisdiction of the court, and who have been given an opportunity to
be heard. As to those persons, the determination is conclusive as to
all decided issues of law and fact except to the extent the
determination is modified.

3407. If a question of existence or exercise of jurisdiction under
this part is raised in a child custody proceeding, the question, upon
request of a party, must be given priority on the calendar and
handled expeditiously.

3408. (a) Notice required for the exercise of jurisdiction when a
person is outside this state may be given in a manner prescribed by
the law of this state for service of process or by the law of the
state in which the service is made. Notice must be given in a manner
reasonably calculated to give actual notice but may be by publication
if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the
law of this state or by the law of the state in which the service is
made.
(c) Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court.

3409. (a) A party to a child custody proceeding, including a
modification proceeding, or a petitioner or respondent in a
proceeding to enforce or register a child custody determination, is
not subject to personal jurisdiction in this state for another
proceeding or purpose solely by reason of having participated, or of
having been physically present for the purpose of participating, in
the proceeding.
(b) A person who is subject to personal jurisdiction in this state
on a basis other than physical presence is not immune from service
of process in this state. A party present in this state who is
subject to the jurisdiction of another state is not immune from
service of process allowable under the laws of that state.
(c) The immunity granted by subdivision (a) does not extend to
civil litigation based on acts unrelated to the participation in a
proceeding under this part committed by an individual while present
in this state.

3410. (a) A court of this state may communicate with a court in
another state concerning a proceeding arising under this part.
(b) The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, they must be given the opportunity to present facts
and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court
records, and similar matters may occur without informing the parties.
A record need not be made of the communication.
(d) Except as otherwise provided in subdivision (c), a record must
be made of a communication under this section. The parties must be
informed promptly of the communication and granted access to the
record.
(e) For the purposes of this section, "record" means information
that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.

3411. (a) In addition to other procedures available to a party, a
party to a child custody proceeding may offer testimony of witnesses
who are located in another state, including testimony of the parties
and the child, by deposition or other means allowable in this state
for testimony taken in another state. The court, on its own motion,
may order that the testimony of a person be taken in another state
and may prescribe the manner in which and the terms upon which the
testimony is taken.
(b) A court of this state may permit an individual residing in
another state to be deposed or to testify by telephone, audiovisual
means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate
with courts of other states in designating an appropriate location
for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court
of this state by technological means that do not produce an original
writing may not be excluded from evidence on an objection based on
the means of transmission.

3412. (a) A court of this state may request the appropriate court
of another state to do all of the following:
(1) Hold an evidentiary hearing.
(2) Order a person to produce or give evidence pursuant to
procedures of that state.
(3) Order that an evaluation be made with respect to the custody
of a child involved in a pending proceeding.
(4) Forward to the court of this state a certified copy of the
transcript of the record of the hearing, the evidence otherwise
presented, and any evaluation prepared in compliance with the
request.
(5) Order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding with
or without the child.
(b) Upon request of a court of another state, a court of this
state may hold a hearing or enter an order described in subdivision
(a).
(c) Travel and other necessary and reasonable expenses incurred
under subdivisions (a) and (b) may be assessed against the parties
according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders,
decrees, records of hearings, evaluations, and other pertinent
records with respect to a child custody proceeding until the child
attains 18 years of age. Upon appropriate request by a court or law
enforcement official of another state, the court shall forward a
certified copy of those records.