In Re the Marriage of Arnold & Cully

[501]

Opinion

KING, J.

Sherry Arnold, appellant, takes issue with the trial court’s determination that her minor daughter, Jamie, has a sufficient connection with California so as to support a finding of jurisdiction under the Uniform Child Custody Jurisdiction Act. (Civ. Code, §§ 5150-5174.)

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We conclude Jamie’s connection with California was insufficient to support the trial court’s assumption of jurisdiction over issues relating to her custody. Consequently, we reverse.

The pertinent facts are undisputed. Respondent, a Canadian citizen residing in California, filed for dissolution of marriage in California in July 1988. At the time the action was filed, the parties’ two-year-old daughter, Jamie, was residing in Toronto, Canada, with her mother, appellant herein. Appellant made no formal appearance in the action to dissolve the marriage; rather, on August 11, 1988, appellant signed a consent to judgment. The judgment contained provisions regarding Jamie’s custody and support. Appellant explained that she acquiesced to the California proceeding because a divorce could be obtained in California in a much shorter time than in Canada. Judgment of dissolution was entered on December 21, 1988.

Prior to the filing of the dissolution action, appellant and the minor child had very little contact with California. The parties are all Canadian citizens, although respondent has resided in California for some time. The parties were married in Canada; and their daughter Jamie was born in Canada on October 5, 1986. Jamie has resided in Canada all her life. She was physically present in California for approximately 18 days in 1987 when her parents made an attempt at reconciliation. After it became apparent that reconciliation was unlikely, appellant and Jamie returned to Canada where they resumed permanent residency.

Appellant remarried in late March 1989. Appellant and Jamie came to California in April 1989 to be with appellant’s new husband, a member of the Canadian Armed Forces, while he was on short-term assignment at Mather Air Force Base in Sacramento, California. Appellant and Jamie planned to return to Canada early in June, and appellant’s husband planned to return to Canada in September.