Enforceability of Foreign Custody Orders in California
All the ends of the earth will remember and turn to the Lord, and all the families of the nations will bow down before him, for dominion belongs to the Lord and he rules over the nations. Psalm 22:27-28
Foreign Court-Issued Custody Orders
International custody disputes are complex. I often receive calls fom parents who have custody orders from out of state – or out of country – and whether they must obey.
The answer is it depends. Unlike the rest of family law (which can sometimes feel like expensive babysitting), issues of jurisdiction are very complicated, and this blog can only provide a general overview. (Go and pay for a consut with a specialist!)
Do Foreign Custody Orders Apply in California?
An out-of-state or out-of-country foreign custody order, has no automatic legal force in California.
Please keep reading.
To be enforceable, these things must happen:
- First, did the original court have jurisdiction? The original order must comply with due process and the UCCJEA (Cal. Fam. Code § 3400 et seq.).
- Second, the foreign order MUST first be registered in California.
Jurisdiction
California will only enforce a foreign court order if it had jurisdiction under the UCCJEA – that is, it was the child’s “home state” (where they lived with a parent or guardian for at least six consecutive months immediately before the custody proceeding) was the foreign country when the order was issued (Cal. Fam. Code § 3402(g) defines “home state”; Cal. Fam. Code § 3421(a)(1) establishes jurisdiction based on home state).
Due Process
California will only enforce the order if the foreign proceedings provided both parents with proper notice and an opportunity to be heard, consistent with fundamental fairness .(Cal. Fam. Code § 3405(b) treats foreign countries as states for UCCJEA purposes, requiring due process).
Public Policy
Finally, no order will be enforced if it violates California public policy, i.e. if it disregards evidence of abuse or neglect.
California May Refuse to Enforce Foreign Order
If these conditions are not met, a California court may refuse to enforce the foreign order (Cal. Fam. Code § 3443(a)).
California Can Possibly Issue New Order
Additionally, if the child has lived in California for at least six months, California may be the child’s home state, giving the court authority to issue a new custody order that could supersede the foreign one (Cal. Fam. Code § 3421(a)(1)).
UCCJEA Process
To enforce a foreign custody order in California, specific steps are required under the UCCJEA:
Registration of Foreign Order
The party seeking enforcement must file a Registration of Out-of-State Custody Order (Form FL-580) and a Declaration Under UCCJEA (Form FL-105) with a California family court, accompanied by a certified copy of the foreign order.
Cal. Fam. Code § 3445(a) outlines registration requirements.
Further, if the order is not in English, a certified translation is needed.
Once Registered, Opposition Has Contestation Period
Once registered and served with notice, the other parent has 20 days to request a hearing to contest the registration. Ways to challenge include arguing lack of jurisdiction, due process violations, or that the order was modified or vacated (Cal. Fam. Code § 3445(d) provides for notice and opportunity to contest).
Challenges with Non-Hague Convention Countries
However, if the foreign country is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction due to their political status, there are additional legal challenges.
The Hague Convention facilitates the return of children wrongfully removed across borders, but without it, California courts must solely rely on the UCCJEA.
This affects enforcement in several ways way too complicated to detail in a pithy blog post.
Relevant Case Law
If you are embroiled in a custody battle with jurisdiction issues, I recommend you read some Court decisions that illustrate how California applies the UCCJEA to foreign custody orders.
Here are 2 cases (I provided summaries, but you should read the attached cases in full!)
In re Marriage of Sareen (2007)153 Cal.App.4th 371
Facts: A mother sought to enforce an Indian custody order in California, but the father argued California was the child’s home state, as the child had lived there for over six months before the Indian proceedings.
Ruling: The court refused to enforce the Indian order, finding California was the child’s home state under the UCCJEA (Cal. Fam. Code § 3402(g)). The Indian court lacked jurisdiction because the child was not a resident of India for six months prior (Cal. Fam. Code § 3421(a)(1)).
Key Point: Residency determines jurisdiction. If a child has lived in California for six months or more, California courts are likely to assert jurisdiction, overriding foreign orders.
In re Marriage of Nurie (2009) 176 Cal.App.4th 478
Facts: A father sought to enforce a Pakistani custody order in California after the mother brought the child to the U.S. The mother argued she was not properly notified of the Pakistani proceedings.
Ruling: The court declined to enforce the Pakistani order, finding the mother did not receive adequate notice or opportunity to participate, violating UCCJEA due process requirements (Cal. Fam. Code § 3443(a)(2)).
Key Point: Lack of proper notice or a fair hearing in the foreign court is a strong basis to block enforcement in California.
Practical Considerations
If you’re navigating a foreign custody order in California, consider these steps:
Document Residency
Collect evidence of your child’s residence (e.g., school records, medical records, leases) to establish the home state under the UCCJEA (Cal. Fam. Code § 3402(g)).
Verify Due Process
If you were not notified or given a chance to participate in the foreign case, gather proof (e.g., lack of court notices) to challenge enforcement (Cal. Fam. Code § 3443(a)(2)).
Do Not Delay
To establish California’s jurisdiction, file a custody petition (e.g., Form FL-300 or FL-200) if the child lives in California (Cal. Fam. Code § 3421(a)).
If contesting a registered foreign order, respond within 20 days (Cal. Fam. Code § 3445(d)).
If Flight Risk, Request Emergency Order ASAP
If there’s a risk of your child being removed from California, request an emergency order to restrict travel or secure their passport (Cal. Fam. Code § 3424 allows emergency jurisdiction).
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