CALIFORNIA FAMILY LAW
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Interstate Custody/UCCJA
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Jurisdiction: Concurrent
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Resolution of Concurrent Juris.
............Unclean Hands
9 Cards On This Topic:
Court may decline jurisdiction based on reprehensible conduct on part of party seeking court's jurisdiction. [Repealed.]
Record failed to show that W had engaged in any wrongful conduct by leaving Mich. before baby born.
Wrongful detention of child, even when possession initially properly gained, will defeat jurisdiction in detainer's state.
Contempt of court during appeal may result in dismissal of appeal.
Unilateral removal of child from another state when not in violation of that state's orders is not so objectionable as to prevent Cal. from exercising its jurisdiction.
Refusal to exercise jurisdiction as sanction for "unclean hands" conduct is essential to discourage child stealing.
Parent's improper conduct may be overlooked when it is required by best interest of minor.
Unclean hands is basis to reject jurisdiction, not basis to take jurisdiction, if jurisdiction does not otherwise exist and its application is discretionary.
Doctrine of unclean hands should be subordinated to best interest of child.