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Name: In re Karla C.
Case #: A126685
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 07/21/2010
Summary

Before placing a minor outside the United States, the juvenile court is required to determine enforceability of its jurisdiction in the foreign country. The minor was removed from her mother after sexual abuse by the minor’s stepfather. After the disposition hearing, the minor was placed with her father, a Peruvian national residing in Peru. Mother appealed, contending that the trial court abused its discretion by ordering the minor transferred to Peru without any contact with Peruvian officials or assurances that California could compel the minor’s return or have jurisdiction over the minor in Peru. The appellate court agreed and reversed. Before permitting the transfer of the minor, the court had to consider the evidence regarding recognition and enforcement of the juvenile court’s jurisdiction under Peruvian law, and the imposition of necessary measures to ensure enforceability of its orders outside the United States. Therefore, remand was required.