Grahm v. Superior Court
California Court of Appeal
34 Cal. Rptr. 3d 270 (2005)
After a California court awarded the mother physical custody with the father (plaintiff) retaining visitation and joint legal custody of their twins, the mother moved with the children to New York with the father's consent; when she later sought custody modification in New York, that court dismissed for lack of jurisdiction, while the father continued pursuing custody and visitation motions in California. The California family court (defendant) ultimately declined jurisdiction under Family Code section 3422, reasoning the mother and children's move left them without a significant connection to California and that relevant evidence was now in New York; the father sought a writ of mandate to vacate that order.
Whether, under California law, the family court retains exclusive jurisdiction to decide child custody issues where one parent continues to reside in California and exercises visitation rights.