Prescott, AZ asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona

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

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.