Jurisdiction

[Concerned33]

What is the name of your state (only U.S. law)? CA

Who retains jurisdiction if the CP parent moved out of state and the NCP still resides in the same State, county and City of the original divorce/custody/child support, etc orders?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

Who retains jurisdiction if the CP parent moved out of state and the NCP still resides in the same State, county and City of the original divorce/custody/child support, etc orders?

Where the NCP does however jurisdiction would possibly be transferred based on current changing caselaw to allow the CP's state to get jurisdiction.

 

[Concerned33]

So... even though the CP moved ( by agreement in CA courts) away he has to bear the burden of going to her state if need be?? Is transferring jurisdiction an easy thing to do??

 

[Ohiogal]

So... even though the CP moved ( by agreement in CA courts) away he has to bear the burden of going to her state if need be?? Is transferring jurisdiction an easy thing to do??

No it is not an easy thing to do and under the UCCJEA jurisdiction remains in CA. Why? Because the CP CHOSE TO MOVE AWAY. Why are you posting instead of your husband/boyfriend?

 

[Concerned33]

I must have misunderstood your first post. sorry I thought you were saying that jurisdiction goes to wherever the CP resides.. I am posting because its a valid question and since I am married to the NCP, I can gather information/advice too... I may not have any legal right or say in anything, but I did not think there was harm in asking the question on behalf of my husband??? Is there??

 

[Ohiogal]

I must have misunderstood your first post. sorry I thought you were saying that jurisdiction goes to wherever the CP resides.. I am posting because its a valid question and since I am married to the NCP, I can gather information/advice too... I may not have any legal right or say in anything, but I did not think there was harm in asking the question on behalf of my husband??? Is there??

So the NCP(dad) has remained in CA where the order is? That is where jurisdiction remains. Unless the mom fights to move it -- which could possibly happen due to convience of forum issues, dad can file anything in CA.

And we like to know who we are talking to. It is good that you realize you have no legal right or say. There is no harm in asking general questions. When it comes to specific questions we may ask you to send him (using his own user name) to the board.

 

[Concerned33]

Yes. NCP (dad) has remained in CA where everything was originally settled and done. And there have been a few modifications over the years that have also been done in the same jurisdiction/court. You mentioned convenience of forum issues though...does the NCP have any say in that, as she is the one that moved away. How is it that she would get the convenience of not having to travel far for any issues that may arise when she is the one who created the distance? It would also create "convenience of forum" issues to the NCP unfairly would it not?

 

[Ohiogal]

Yes. NCP (dad) has remained in CA where everything was originally settled and done. And there have been a few modifications over the years that have also been done in the same jurisdiction/court. You mentioned convenience of forum issues though...does the NCP have any say in that, as she is the one that moved away. How is it that she would get the convenience of not having to travel far for any issues that may arise when she is the one who created the distance? It would also create "convenience of forum" issues to the NCP unfairly would it not?

Doctors, teachers, counselors, therapists -- they are located where she is. It is not about convenience of CP but convenience of where the majority of the witnesses are. Does dad want to pay travel costs for the children's doctors, teachers, counselors, babysitters, parole officers and anyone else he may need as a witness to travel? Or would it be less expensive and make more sense for DAD to travel? That is where the convenience of forum issues come into play.

 

[Concerned33]

I see.. yes that does make sense. I am not talking about a full blown custody battle or anything custody is fine the way it is. But there are some contempt issues with the summer visitation schedule that may need to be addressed. That would be handled by the court that ordered the current arrangement right? There would be no need to have any "witnesses" of the nature that you have mentioned. He has an stipulated order with the court and she is refusing to comply with said order. Simple as that. He may just need to have a judge enforce the order and/or hold her in contempt of same if she continues to refuse to comply. And if she wants to change that order regarding visitation, it would need to be done in the CA courts correct?

 

[Ohiogal]

I see.. yes that does make sense. I am not talking about a full blown custody battle or anything custody is fine the way it is. But there are some contempt issues with the summer visitation schedule that may need to be addressed. That would be handled by the court that ordered the current arrangement right? There would be no need to have any "witnesses" of the nature that you have mentioned. He has an stipulated order with the court and she is refusing to comply with said order. Simple as that. He may just need to have a judge enforce the order and/or hold her in contempt of same if she continues to refuse to comply. And if she wants to change that order regarding visitation, it would need to be done in the CA courts correct?

Yes. Jurisdiction is currently with the CA courts.

 

[Concerned33]

Perfect. Thank you.