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In re Marriage of Sareen

California Court of Appeal

62 Cal. Rptr. 3d 687 (2007)

Facts

In February 2004, Reema Sareen (plaintiff) and Vikas Sareen (defendant) had a child while living in New York. On August 20, 2004, the family took a plane to India. Within nine days after arriving in India, Vikas had filed for divorce and for custody. While the petition was pending, Vikas returned to New York without Reema and the child. By November 2005, Reema was able to make the proper arrangements and obtain the necessary documents to travel back to the United States. Reema and the child settled in California, where Reema’s brother was living. Reema found a job and daycare for the child and began receiving public assistance. In January 2006, before the custody petition in India was resolved, Reema petitioned for custody and child support in California. Vikas motioned to quash the petition for a lack of subject-matter jurisdiction. The trial court granted the motion. The court found that India had exclusive jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Reema appealed.

Rule of Law

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Issue

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Holding and Reasoning (Cantil-Sakauye, J.)

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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