Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?
We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied. 2015-2018: Negligence, abuse of discretion and no protection for me and kids in CA courts forced me to flee the state. Kids stuck with abusive father, in CA 2 years. corrupt lawyer conspired with my ex, to change court orders, have hearings without me, say I was the abuser, set me up over time, exs false filings submitted, my filings denied /suppressed. Sept 2020, they filed false charges against me for kidnapping my own kids, 2 days after I reported (again )sexual abuse to my 5 yr old. I had the kids with me when filed UCCJEA temp request, in AZ -denied cuz no jurisdiction. I HAD jurisdiction. NEED TO GET KIDS TO SAFETY FROM CA TO AZ ASAP. They were here, court failed. LAWS/CASELAW I can use
A:
My heart goes out to you. It sounds like you're in a very difficult position.
The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency jurisdiction even though California was the home state. The difference there, though, is there was no case was pending in California. Another case to check out is Shaquia G. v. Dep't of Child Safety, 251 Ariz. 212 (App. 2021).
That said, I want to clarify with you what the law is on jurisdiction. The law is very clear that the state that issues the original custody order has exclusive, continuing jurisdiction as long as at least one parent continues to reside in the state. See A.R.S. 25-1032. No other state can modify California's custody order as long as it has continuing, exclusive jurisdiction. See A.R.S. 25-1033. If I'm understanding correctly. California issued the original custody order. It sounds like Father continues to live there. If so, California is the only state with jurisdiction. If Father does not reside there, then it might be possible for Arizona to take jurisdiction.
And 25-1034 allows only for TEMPORARY emergency jurisdiction, i.e., Arizona can put an order in place that's necessary to protect the children, but that order only is in effect until California can rule on it.
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