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    waltern640's Avatar
    waltern640 Posts: 2, Reputation: 1
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    #1

    Dec 29, 2008, 05:32 PM
    Who retains jurisdiction in a move-away case?
    In a Move-Away case where the current residence of the minor child and both parents is currently California and one parent is awarded a Move-Away to another state... Does juristdiction over the case remain in California where the remaining parent resides or does it move with the child? In other words, can the parent remaining in California keep litigating from California and force the moving parent who has custody of the child in another state to keep returning to California to answer to all motions brought before the California court?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    Dec 29, 2008, 09:32 PM
    Quote Originally Posted by waltern640 View Post
    In a Move-Away case where the current residence of the minor child and both parents is currently California and one parent is awarded a Move-Away to another state...Does juristdiction over the case remain in California where the remaining parent resides or does it move with the child? In other words, can the the parent remaining in California keep litigating from California and force the moving parent who has custody of the child in another state to keep returning to California to answer to all motions brought before the California court?
    VERY easy question!

    Jurisdiction remains in California. (Cal. Family Code section 3422).
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Dec 29, 2008, 09:37 PM

    There's a little more detail I could add to the above answer if you are interested, such as that the California court still technically has the power to relinquish jurisdiction to another state in certain limited cases if it wants to. But it is very hard to get a court to do this and it cannot be done if the stay-behind parent continues to exercise visitation with the child on a regular basis. Grahm v. Superior Court (2005) 132 Cal. App. 4th 1193 [the original state retains continuing exclusive jurisdiction as long as the parent who is exercising visitation rights still lives in that state and the relationship between that parent and the child has not deteriorated to the point at which the exercise of jurisdiction would be unreasonable.]
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    waltern640 Posts: 2, Reputation: 1
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    #4

    Dec 29, 2008, 10:38 PM
    Thank you for giving me the points and authorities. Do you know how to change jurisdiction? Is there something I file with the California courts?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #5

    Dec 29, 2008, 10:41 PM
    Quote Originally Posted by waltern640 View Post
    thank you for giving me the points and authorities. do you know how to change jurisdiction? Is there something I file with the California courts?
    Oh you can ask for it but you aren't going to get it. No way.

    Read the Grahm case (it can be accessed online at California Courts).
    owood's Avatar
    owood Posts: 1, Reputation: 0
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    #6

    Oct 13, 2009, 12:06 PM
    The UCCJEA is a law that protects single parents in move away cases. As long as your hearing is filed within 6 months of the child leaving the state then Jurisdiction can be set where you live. This has been my experience. LOOK UP THE UCCJEA OD CALIFORNIA ON GOOGLE
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