Schneer v. LlauradoAnnotate this Case
Plaintiff-appellant Barry Schneer (father) appealed a family court order finding California lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to make an initial child custody determination regarding his daughter. Father filed his child custody petition on June 24, 2013. In support of the petition, father declared the child was born in June 2011 in Miami, Florida, and that the child and mother resided with father in Twentynine Palms, California, from April 2012 onward. In an attachment to a request for an emergency decree, father alleged mother took the child to Florida to visit the child's grandparents “under [the] presumption of her return following a short visit,” but mother and the child had been in Florida for more than three months “with no date of return.” In her response and in a motion to quash and dismiss the petition, defendant-respondent Alice Llaurado (mother) alleged the child lived in Miami since her birth and never resided in California. Mother declared she and the child visited California several times between August 2012 and March 2013, but she never stayed more than a few weeks at a time. Mother denied having any intent to relocate to California, and denied residing in any state other than Florida. Father argued the California family court erred by ruling California was not the child's home state for purposes of the UCCJEA because the child did not reside in California during the six-month period immediately before father filed his child custody petition. After review, the Court of Appeal agreed with father's interpretation of the UCCJEA and reversed the family court's order.