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Criminal Law keyed to Dripps
California v. Superior Court of California
Citation:
482 U.S. 400, 107 S.Ct. 2433, 96 L.Ed.2d 332.Facts
In 1978, Richard and Judith Smolin were divorced. Judith was granted sole custody of their children, Jennifer and Jamie, with visitation rights for Richard. In August 1979, Judith married James Pope and in November 1979 they moved to Oregon without notifying Richard. Over the next few years the Popes moved from Oregon to Texas and then to Louisiana. In February 1981, the Popes obtained a decree from a Texas court granting them full faith and credit to the original California award of sole custody to Judith. Richard was served but did not appear for the Texas proceeding. Prior to the Texas proceeding, Richard had obtained a modification of the California decree awarding joint custody to both he and Judith. Although served, the Popes did not appear for the California proceedings and did not comply with the modified order. The Popes also did not notify the Texas court of the existence of the modified order. In February 1981, Richard was granted sole custody by the California court. The Popes also ignored this order. Richard eventually located the Popes in Louisiana nearly two years later at which time the Popes began an adoption proceeding to sever Richard’s legal ties to the children. Richard then secured a California warrant to obtain custody of the children and in March 1984, he and his father, Gerard, went to Louisiana and picked Jennifer and Jamie up while they were waiting for their school bus. In April 1984, the Popes submitted to the jurisdiction of the California courts and instituted an action to modify the 1981 order granting Richard sole custody. At the same time, they instituted the criminal proceedings in Louisiana against the Smolins for kidnapping.
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