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Family Code - FAM - FAM § 3204

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3204

(a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the “1996 Federal Personal Responsibility and Work Opportunity Recovery Act” (PRWORA), for a grant to fund child custody and visitati

Family Code - FAM - FAM § 3400

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3400

This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.

Family Code - FAM - FAM § 3402

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3402

As used in this part: (a) “Abandoned” means left without provision for reasonable and necessary care or supervision. (b) “Child” means an individual who has not attained 18 years of age. (c) “Child custody determination” means a judgment, decree, or other order of a court providi

Family Code - FAM - FAM § 3403

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3403

This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

Family Code - FAM - FAM § 3404

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3404

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as

Family Code - FAM - FAM § 3405

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3405

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421). (b) Except as otherwise provided in subdivision (c), a child custody determination made in a f

Family Code - FAM - FAM § 3406

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3406

A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 3408 or who have submitted to the jurisdiction of the court, a

Family Code - FAM - FAM § 3407

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3407

If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

Family Code - FAM - FAM § 3408

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3408

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calcul

Family Code - FAM - FAM § 3409

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3409

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by re

Family Code - FAM - FAM § 3410

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3410

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given th

Family Code - FAM - FAM § 3411

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3411

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony

Family Code - FAM - FAM § 3412

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3412

(a) A court of this state may request the appropriate court of another state to do all of the following: (1) Hold an evidentiary hearing. (2) Order a person to produce or give evidence pursuant to procedures of that state. (3) Order that an evaluation be made with respect to the

Family Code - FAM - FAM § 3421

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3421

(a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the following are true: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was t

Family Code - FAM - FAM § 3422

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3422

(a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or 3423 has exclusive, continuing jurisdiction over the determination until either of the following occurs: (1) A court of this state d

Family Code - FAM - FAM § 3423

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3423

Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subdivision (a) of Sectio

Family Code - FAM - FAM § 3424

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3424

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened wit

Family Code - FAM - FAM § 3425

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3425

(a) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of Section 3408 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents o

Family Code - FAM - FAM § 3426

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3426

(a) Except as otherwise provided in Section 3424, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state havi

Family Code - FAM - FAM § 3427

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3427

(a) A court of this state that has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropr

Family Code - FAM - FAM § 3428

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3428

(a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdic

Family Code - FAM - FAM § 3429

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3429

(a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and

Family Code - FAM - FAM § 3430

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3430

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the c

Family Code - FAM - FAM § 3441

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3441

In this chapter: (a) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (b) “Respondent” means a person against whom

Family Code - FAM - FAM § 3442

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3442

Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.