Robert Grahm (father) (plaintiff) and his wife (mother) (defendant) were parents to twin girls born in California in October 2001. In October 2003, pursuant to the couple’s divorce, a California court entered an order awarding physical custody to the mother, visitation rights to the father, and joint legal custody. One month before the custody/visitation order was issued, the mother and twins moved to New York, with the father’s consent. In early 2004, the mother sought to modify the custody arrangement in a New York court. The court dismissed her motion for lack of jurisdiction, and an appellate court affirmed. In the meanwhile, the father was filing motions regarding visitation and custody in a California court. Ultimately, he moved for sole legal and primary physical custody. In March 2005, a California family court (defendant) issued an order declining to exercise jurisdiction, applying Family Code § 3422, on the grounds that the mother and twins’ move to New York left them without a significant connection to California. The court also reasoned that evidence in the matter was in New York. The father petitioned the California Court of Appeal for a writ of mandate forcing the family court to vacate its order.