Home -> Law Blog Directory -> Family Law Blogs -> California Divorce Blawg

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Family Law

: California Divorce Blawg

Interpol, kidnapping, death threats, covert ops. Here's a child custody case for you!

By John E. Harding, JD, CFLS

ADVERTISEMENTS

Husband and wife got married in Pakistan. They took up residence in Fremont, California and a child was born in California. Wife then took child to Pakistan for a vacation, and decided not to come back. For the next six years the parties battled it out in the courts and around the world. Let the fireworks begin!

According to the Court of Appeals:

This case graphically confirms what we said long ago: ? ?controversies over custody are oftentimes long drawn out and bitter. . . .? '' This one involves an acrimonious six-year international custody battle, in which lawyers on two continents seemingly have left no stone unturned, while the parties themselves have left no rock unhurled. The accusations and counter-accusations include kidnapping, fraud, and domestic violence, all set against a backdrop of INTERPOL warrants, armed gunmen, and flights from justice. In both California and Pakistan, mud has been slung, court orders flouted, and reputations challenged.

The actual legal questions in the opinion prove to be straightforward. The issue on appeal [is] one of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). (Fam. Code, § 3400 et seq.) The court concludes the well reasoned decision of the trial court was correct: the California court that dissolved the marriage had initial home state jurisdiction. California was the original forum to resolve custody and visitation disputes because the child was born in California, and was a resident of California. The California court issued an order giving custody to Husband, and California never lost jurisdiction. Its order granting custody to Husband was valid when entered and remains valid despite Wife's globe-trotting with the child.

This case is a clear demonstration of the old adage "the means don't justify the end." Click here for a whopper of a child custody tale.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Full post as published by California Divorce Blawg on August 11, 2009 (boomark / email).