Can’t Buy Me Love, or Jurisdiction
Jurisdiction Family Law
Jurisdiction is complicated.
More so when people move around.
Kelly Rutherford is prime example. Over 3 years ago, her divorce case was filed in California. After a LONG trial, the Judge issued orders that the kids were to live in Monaco (citing, amongst other things, the fact that Father’s visa is revoked and cannot come to the USA).
So why did California lose jurisdiction 3 years later?
It’s true that under the UCCJEA (Uniform Child Custody and Jurisdiction Act) (in California it’s codified in Family Code 3400 et seq), once a home state issues orders, it will retain “continuing, exclusive jurisdiction”….unless 2 exceptions. And the exception here is that NONE of the parties or children reside in California.
In Rutherford’s case, I believe California lost jurisdiction because it was determined that neither of the parties or children presently resided in California.
Jurisdiction is a very complicated legal issue. Make sure you consult a legal professional before trying to battle this on your own.
Here is my contribution to Legal Talk Network on the jurisdictional issues of Kelly Rutherford’s case.