Section § 3400

Explanation

This section names the law as the Uniform Child Custody Jurisdiction and Enforcement Act, which deals with how child custody issues are handled across different states.

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

Section § 3402

Explanation

This section defines key terms used in child custody laws in California. It clarifies what 'abandoned' means, who qualifies as a 'child,' and what constitutes a 'child custody determination,' referring to various court orders regarding a child's custody but not child support issues. It describes a 'child custody proceeding,' which involves legal decisions about a child's care and mentions the types of cases it includes, like divorce or abuse, but not juvenile delinquency. It defines 'home state' as where a child lived before custody cases start, and explains terms like 'initial determination,' 'modification,' and who is a 'person acting as a parent.' Other terms defined include 'physical custody,' 'state,' 'tribe,' and 'warrant.'

As used in this part:
(a)CA Family Law Code § 3402(a) “Abandoned” means left without provision for reasonable and necessary care or supervision.
(b)CA Family Law Code § 3402(b) “Child” means an individual who has not attained 18 years of age.
(c)CA Family Law Code § 3402(c) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(d)CA Family Law Code § 3402(d) “Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for dissolution of marriage, legal separation of the parties, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Chapter 3 (commencing with Section 3441).
(e)CA Family Law Code § 3402(e) “Commencement” means the filing of the first pleading in a proceeding.
(f)CA Family Law Code § 3402(f) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(g)CA Family Law Code § 3402(g) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
(h)CA Family Law Code § 3402(h) “Initial determination” means the first child custody determination concerning a particular child.
(i)CA Family Law Code § 3402(i) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.
(j)CA Family Law Code § 3402(j) “Issuing state” means the state in which a child custody determination is made.
(k)CA Family Law Code § 3402(k) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(l)CA Family Law Code § 3402(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(m)CA Family Law Code § 3402(m) “Person acting as a parent” means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (2) has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(n)CA Family Law Code § 3402(n) “Physical custody” means the physical care and supervision of a child.
(o)CA Family Law Code § 3402(o) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(p)CA Family Law Code § 3402(p) “Tribe” means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.
(q)CA Family Law Code § 3402(q) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Section § 3403

Explanation

This law section says it doesn't apply to adoption cases or cases about allowing emergency medical care for a child.

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

Section § 3404

Explanation

This law section explains that when it comes to child custody cases involving Native American children, the Indian Child Welfare Act takes precedence over California's rules. It also requires California courts to treat Native American tribes like other U.S. states when applying certain child custody laws. Lastly, if a tribe makes a child custody decision that meets certain standards, California courts must recognize and enforce that decision.

(a)CA Family Law Code § 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)CA Family Law Code § 3404(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421).
(c)CA Family Law Code § 3404(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441).

Section § 3405

Explanation

This law says that California courts should treat foreign countries like other U.S. states when handling child custody cases. If a foreign country makes a decision about child custody that follows similar standards to California, that decision should usually be recognized and enforced. However, if the foreign country's child custody laws go against basic human rights, California courts don't have to recognize or enforce those decisions.

(a)CA Family Law Code § 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)CA Family Law Code § 3405(b) Except as otherwise provided in subdivision (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441).
(c)CA Family Law Code § 3405(c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.

Section § 3406

Explanation

If a California court makes a decision about child custody and has the legal authority to do so, that decision is final for everyone involved who was properly informed or who agreed to the court's authority. The decision can only be changed if it's formally modified later.

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, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

Section § 3407

Explanation

If there's a dispute about which court has the right to make decisions in a child custody case, and a party asks for it, this issue must be addressed quickly and given importance in court scheduling.

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.

Section § 3408

Explanation

When a court in California wants to assert control over someone who is out of state, they must notify them in a way that is likely to actually reach them, either through California's procedures or the rules of the other state. If standard methods don't work, they can use public notices. Proof of sending this notice should follow the rules of either the originating state or the state where the service happens. However, if the individual voluntarily agrees to the court's authority, no notice is necessary.

(a)CA Family Law Code § 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 calculated to give actual notice but may be by publication if other means are not effective.
(b)CA Family Law Code § 3408(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c)CA Family Law Code § 3408(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

Section § 3409

Explanation

This law says that if you're involved in a child custody case in California, just because you're in the state for that reason doesn't mean you're under California's legal authority for anything else. However, if you have other legal ties to California, you're not protected from being served legal papers. Additionally, if you're here for the custody case and do something unrelated that's legally questionable, this law won't protect you from being sued for that other action.

(a)CA Family Law Code § 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 reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b)CA Family Law Code § 3409(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c)CA Family Law Code § 3409(c) The immunity granted by subdivision (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state.

Section § 3410

Explanation

This law allows California courts to communicate with courts in other states about cases that fall under this section. The parties involved may be included in the conversation, and if they aren't, they'll have a chance to share their information and legal views before the court decides on where the case should be heard (jurisdiction). Simple communications about things like schedules or records between courts don't need to be recorded or shared with the parties. However, any other type of communication must be recorded, and the parties involved must be informed and allowed to see or hear the record. A 'record' can be anything stored physically or electronically that one can access and read or hear.

(a)CA Family Law Code § 3410(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part.
(b)CA Family Law Code § 3410(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 the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c)CA Family Law Code § 3410(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d)CA Family Law Code § 3410(d) Except as otherwise provided in subdivision (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e)CA Family Law Code § 3410(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Section § 3411

Explanation

This law allows people involved in child custody cases to provide testimony from outside the state through methods like depositions or video calls. The court can require out-of-state testimony and decide how it will be conducted. It also permits courts to help each other ensure testimonies occur smoothly, and allows for the use of technological methods to transmit documents from other states, even if they aren't in their original form.

(a)CA Family Law Code § 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 taken in another state. The court, on its own motion, may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b)CA Family Law Code § 3411(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c)CA Family Law Code § 3411(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

Section § 3412

Explanation

This law allows for courts in one state to request courts in another state to help with certain actions related to child custody cases. These actions can include holding hearings, collecting evidence, evaluating child custody situations, and making people involved in the case appear in court. Additionally, courts can share these records with each other as needed. Courts can also charge people for reasonable expenses related to these actions. Importantly, any documents and records related to a child custody case must be kept until the child turns 18, and can be shared with other states if requested by another court or by law enforcement.

(a)CA Family Law Code § 3412(a) A court of this state may request the appropriate court of another state to do all of the following:
(1)CA Family Law Code § 3412(a)(1) Hold an evidentiary hearing.
(2)CA Family Law Code § 3412(a)(2) Order a person to produce or give evidence pursuant to procedures of that state.
(3)CA Family Law Code § 3412(a)(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
(4)CA Family Law Code § 3412(a)(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request.
(5)CA Family Law Code § 3412(a)(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b)CA Family Law Code § 3412(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subdivision (a).
(c)CA Family Law Code § 3412(c) Travel and other necessary and reasonable expenses incurred under subdivisions (a) and (b) may be assessed against the parties according to the law of this state.
(d)CA Family Law Code § 3412(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.