SECTIONS 3421-3430 - California Statutes

FAMILY.CODE

SECTION 3421-3430

3421. (a) Except as otherwise provided in Section 3424, a court of
this state has jurisdiction to make an initial child custody
determination only if any of the following are true:
(1) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child
within six months before the commencement of the proceeding and the
child is absent from this state but a parent or person acting as a
parent continues to live in this state.
(2) A court of another state does not have jurisdiction under
paragraph (1), or a court of the home state of the child has declined
to exercise jurisdiction on the grounds that this state is the more
appropriate forum under Section 3427 or 3428, and both of the
following are true:
(A) The child and the child's parents, or the child and at least
one parent or a person acting as a parent, have a significant
connection with this state other than mere physical presence.
(B) Substantial evidence is available in this state concerning the
child's care, protection, training, and personal relationships.
(3) All courts having jurisdiction under paragraph (1) or (2) have
declined to exercise jurisdiction on the ground that a court of this
state is the more appropriate forum to determine the custody of the
child under Section 3427 or 3428.
(4) No court of any other state would have jurisdiction under the
criteria specified in paragraph (1), (2), or (3).
(b) Subdivision (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.

3422. (a) Except as otherwise provided in Section 3424, a court of
this state that has made a child custody determination consistent
with Section 3421 or 3423 has exclusive, continuing jurisdiction over
the determination until either of the following occurs:
(1) A court of this state determines that neither the child, nor
the child and one parent, nor the child and a person acting as a
parent have a significant connection with this state and that
substantial evidence is no longer available in this state concerning
the child's care, protection, training, and personal relationships.
(2) A court of this state or a court of another state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in this state.
(b) A court of this state that has made a child custody
determination and does not have exclusive, continuing jurisdiction
under this section may modify that determination only if it has
jurisdiction to make an initial determination under Section 3421.

3423. Except as otherwise provided in Section 3424, a court of this
state may not modify a child custody determination made by a court
of another state unless a court of this state has jurisdiction to
make an initial determination under paragraph (1) or (2) of
subdivision (a) of Section 3421 and either of the following
determinations is made:
(a) The court of the other state determines it no longer has
exclusive, continuing jurisdiction under Section 3422 or that a court
of this state would be a more convenient forum under Section 3427.
(b) A court of this state or a court of the other state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in the other state.

3424. (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has
been abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is
subjected to, or threatened with, mistreatment or abuse.
(b) If there is no previous child custody determination that is
entitled to be enforced under this part and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section remains in effect until an
order is obtained from a court of a state having jurisdiction under
Sections 3421 to 3423, inclusive. If a child custody proceeding has
not been or is not commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section becomes a final determination,
if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is
entitled to be enforced under this part, or a child custody
proceeding has been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, any order issued
by a court of this state under this section must specify in the
order a period that the court considers adequate to allow the person
seeking an order to obtain an order from the state having
jurisdiction under Sections 3421 to 3423, inclusive. The order issued
in this state remains in effect until an order is obtained from the
other state within the period specified or the period expires.
(d) A court of this state that has been asked to make a child
custody determination under this section, upon being informed that a
child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, shall
immediately communicate with the other court. A court of this state
which is exercising jurisdiction pursuant to Sections 3421 to 3423,
inclusive, upon being informed that a child custody proceeding has
been commenced in, or a child custody determination has been made by,
a court of another state under a statute similar to this section
shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and
determine a period for the duration of the temporary order.
(e) It is the intent of the Legislature in enacting subdivision
(a) that the grounds on which a court may exercise temporary
emergency jurisdiction be expanded. It is further the intent of the
Legislature that these grounds include those that existed under
Section 3403 of the Family Code as that section read on December 31,
1999, particularly including cases involving domestic violence.

3425. (a) Before a child custody determination is made under this
part, notice and an opportunity to be heard in accordance with the
standards of Section 3408 must be given to all persons entitled to
notice under the law of this state as in child custody proceedings
between residents of this state, any parent whose parental rights
have not been previously terminated, and any person having physical
custody of the child.
(b) This part does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
(c) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under this part are governed by
the law of this state as in child custody proceedings between
residents of this state.

3426. (a) Except as otherwise provided in Section 3424, a court of
this state may not exercise its jurisdiction under this chapter if,
at the time of the commencement of the proceeding, a proceeding
concerning the custody of the child has been commenced in a court of
another state having jurisdiction substantially in conformity with
this part, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more
convenient forum under Section 3427.
(b) Except as otherwise provided in Section 3424, a court of this
state, before hearing a child custody proceeding, shall examine the
court documents and other information supplied by the parties
pursuant to Section 3429. If the court determines that a child
custody proceeding has been commenced in a court in another state
having jurisdiction substantially in accordance with this part, the
court of this state shall stay its proceeding and communicate with
the court of the other state. If the court of the state having
jurisdiction substantially in accordance with this part does not
determine that the court of this state is a more appropriate forum,
the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to enforce
the determination has been commenced in another state. If a
proceeding to enforce a child custody determination has been
commenced in another state, the court may do any of the following:
(1) Stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying, or
dismissing the proceeding for enforcement.
(2) Enjoin the parties from continuing with the proceeding for
enforcement.
(3) Proceed with the modification under conditions it considers
appropriate.

3427. (a) A court of this state that has jurisdiction under this
part to make a child custody determination may decline to exercise
its jurisdiction at any time if it determines that it is an
inconvenient forum under the circumstances and that a court of
another state is a more appropriate forum. The issue of inconvenient
forum may be raised upon motion of a party, the court's own motion,
or request of another court.
(b) Before determining whether it is an inconvenient forum, a
court of this state shall consider whether it is appropriate for a
court of another state to exercise jurisdiction. For this purpose,
the court shall allow the parties to submit information and shall
consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the parties
and the child.
(2) The length of time the child has resided outside this state.
(3) The distance between the court in this state and the court in
the state that would assume jurisdiction.
(4) The degree of financial hardship to the parties in litigating
in one forum over the other.
(5) Any agreement of the parties as to which state should assume
jurisdiction.
(6) The nature and location of the evidence required to resolve
the pending litigation, including testimony of the child.
(7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the evidence.
(8) The familiarity of the court of each state with the facts and
issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient
forum and that a court of another state is a more appropriate forum,
it shall stay the proceedings upon condition that a child custody
proceeding be promptly commenced in another designated state and may
impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction
under this part if a child custody determination is incidental to an
action for dissolution of marriage or another proceeding while still
retaining jurisdiction over the dissolution of marriage or other
proceeding.
(e) If it appears to the court that it is clearly an inappropriate
forum, the court may require the party who commenced the proceeding
to pay, in addition to the costs of the proceeding in this state,
necessary travel and other expenses, including attorney's fees,
incurred by the other parties or their witnesses. Payment is to be
made to the clerk of the court for remittance to the proper party.

3428. (a) Except as otherwise provided in Section 3424 or by any
other law of this state, if a court of this state has jurisdiction
under this part because a person seeking to invoke its jurisdiction
has engaged in unjustifiable conduct, the court shall decline to
exercise its jurisdiction unless one of the following are true:
(1) The parents and all persons acting as parents have acquiesced
in the exercise of jurisdiction.
(2) A court of the state otherwise having jurisdiction under
Sections 3421 to 3423, inclusive, determines that this state is a
more appropriate forum under Section 3427.
(3) No court of any other state would have jurisdiction under the
criteria specified in Sections 3421 to 3423, inclusive.
(b) If a court of this state declines to exercise its jurisdiction
pursuant to subdivision (a), it may fashion an appropriate remedy to
ensure the safety of the child and prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a child
custody proceeding is commenced in a court having jurisdiction under
Sections 3421 to 3423, inclusive.
(c) If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction pursuant to subdivision (a),
it shall assess against the party seeking to invoke its jurisdiction
necessary and reasonable expenses including costs, communication
expenses, attorney's fees, investigative fees, expenses for
witnesses, travel expenses, and child care during the course of the
proceedings, unless the party from whom fees are sought establishes
that the assessment would be clearly inappropriate. The court may not
assess fees, costs, or expenses against this state unless authorized
by law other than this part.
(d) In making a determination under this section, a court shall
not consider as a factor weighing against the petitioner any taking
of the child, or retention of the child after a visit or other
temporary relinquishment of physical custody, from the person who has
legal custody, if there is evidence that the taking or retention of
the child was a result of domestic violence against the petitioner,
as defined in Section 6211.

3429. (a) In a child custody proceeding, each party, in its first
pleading or in an attached affidavit, shall give information, if
reasonably ascertainable, under oath as to the child's present
address or whereabouts, the places where the child has lived during
the last five years, and the names and present addresses of the
persons with whom the child has lived during that period. However,
where there are allegations of domestic violence or child abuse, any
addresses of the party alleging violence or abuse and of the child
which are unknown to the other party are confidential and may not be
disclosed in the pleading or affidavit. The pleading or affidavit
must state whether the party:
(1) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of, or
visitation with, the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any.
(2) Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of
parental rights, and adoptions and, if so, identify the court, the
case number, and the nature of the proceeding.
(3) Knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights of
legal custody or physical custody of, or visitation with, the child
and, if so, the names and addresses of those persons.
(b) If the information required by subdivision (a) is not
furnished, the court, upon motion of a party or its own motion, may
stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in
paragraphs (1) to (3), inclusive, of subdivision (a) is in the
affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the parties
under oath as to details of the information furnished and other
matters pertinent to the court's jurisdiction and the disposition of
the case.
(d) Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding.

3430. (a) In a child custody proceeding in this state, the court
may order a party to the proceeding who is in this state to appear
before the court in person with or without the child. The court may
order any person who is in this state and who has physical custody or
control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order that
a notice given pursuant to Section 3408 include a statement directing
the party to appear in person with or without the child and
informing the party that failure to appear may result in a decision
adverse to the party.
(c) The court may enter any orders necessary to ensure the safety
of the child and of any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside this
state is directed to appear under subdivision (b) or desires to
appear personally before the court with or without the child, the
court may require another party to pay reasonable and necessary
travel and other expenses of the party so appearing and of the child.