W.M. v. V.A.

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In a child custody proceeding arising under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Court of Appeal held that the trial court erred by granting mother's motion to quash temporary emergency orders on child custody and visitation. The trial court had found that a Belarus residency action was a child custody proceeding within the meaning of the UCCJEA, and the Belarus court had jurisdiction substantially in conformity with the UCCJEA. The court held that the UCCJEA mandates that before a child custody determination is made, notice and an opportunity to be heard must be given to all persons entitled to notice. In this case, father received no notice of the Belarus action, and notice was not given in a manner reasonably calculated to give actual notice. Therefore, the Belarus court did not have jurisdiction in conformity with UCCJEA standards. The court reversed and remanded for further proceedings. View "W.M. v. V.A." on Justia Law