In The Matter Of B.B.R.

566 A.2d 1032 (1989)

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Nature of the Case

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Facts

Marita gave birth to a boy in Sacramento, California. Within hours of the delivery, Marita signed a release in which she agreed to allow the hospital to release her child to the Platts who resided in D.C., but Marita still retained all parental rights. The details of the release were carefully explained to the Platts and then the child was released to them and they flew back to D.C. Three days later, Marita informed her obstetrician that she had changed her mind and the Platts were immediately called. They refused to return the child. Marita then commenced a suit in California to obtain custody. The Platts countered with a suit in D.C. Nine months after the child's birth, D.C determined that it was the child's home state for purposes of the PKPA and that its courts had exclusive jurisdiction to hear the petition. California then ruled two months later that is had exclusive jurisdiction; they awarded custody to Marita. Marita then filed a counterclaim to enforce the California decisions in D.C. The D.C. court tried the case in April 1988 and granted Platts' petition and denied enforcement of Marita's counterclaims. The court reasoned that even though the Platts' had wrongfully retained the child, it was not in the child's best interests to stay with them. This appeal resulted.