California Court of Appeal
34 Cal. Rptr. 3d 270 (2005)
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.
Rule of Law
Holding and Reasoning (Hastings, J.)
Concurrence (Epstein, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.