California Family Code 3409 – (a) A party to a child custody proceeding, including a …
(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
Terms Used In California Family Code 3409
- Child: means an individual who has not attained 18 years of age. See California Family Code 3402
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See California Family Code 3402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See California Family Code 3402
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Family Code 3402
- Petitioner: includes plaintiff, where appropriate. See California Family Code 126
- Proceeding: includes an action. See California Family Code 110
- Respondent: includes defendant, where appropriate. See California Family Code 127
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Family Code 3402
(c) The immunity granted by subdivision (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)