Keisha W. v. Marvin M.
Annotate this CaseIn August 2012, Mother requested a restraining order to protect herself and the Minor, born in 2006, from Father, stating that she and Father previously lived in Texas and were in a relationship that ended in 2010. She described instances of domestic violence and threatening conduct by Father that caused her to leave Texas with the Minor in August 2011. According to the declaration, in May 2012, Father picked up the Minor from his daycare in California and absconded with the Minor to Nevada. Mother sought return of the Minor and modification of a 2011 Texas custody order that provided for shared custody of the Minor. Mother informed the superior court that, in July 2012, the Texas court indicated it no longer had jurisdiction over custody because the parents and the Minor no longer lived in Texas. The superior court issued a restraining order, finding that it had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Fam. Code, 3400, and awarded custody to Mother. The court of appeals affirmed the restraining order and dismissed the appeal, noting that the superior court impliedly found that no court of any other state had jurisdiction under the UCCJEA at the time the restraining order was issued.
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