Legal Question in Family Law in California
My spouse and I have a court order that allowed her to move our children from Ontario Canada to Australia and no where else. 18 months ago she moved without my consent to San Diego CA. She now has contacted the San Diego Dept of Children Services to attempt to vary our order. Will California take jurisdiction or will the court tell her to vary the order in Ontario as requried by the signed court order?
1 Answer from Attorneys
Unless you file papers in the San Diego proceeding, the U.S. court may very well not KNOW there is any Canadian order in place. If the U.S. court is made aware of the prior proceedings, they SHOULD direct her to either proceed in the original court, or file a request in the original court to abstain from further jurisdiction in favor of transfer to the U.S. Court. Only a Canadian family law attorney can tell you how likely it is that the Ontario court would relinquish jurisdiction.
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