Mom is mentally ill and emotionally abuses children. Dad is good parent. He resides in California. Court orders permanent placement in California with dad. Kids thrive there. Mom is excluded from any contact until she gets mental health treatment. This is final resolution of case as far as DPHHS is concerned. A few years later, the mom unexpectedly shows up in California in violation of the order. Dad files the order as a foreign judgment in California and the time period for mom to object passes. Then mom files a motion to dismiss the proceedings in Montana. The majority felt this should have been construed as a motion to transfer jurisdiction. the district court, however, treated it as a motion to dismiss the final judgment and denied it. Appealed on jurisidictional grounds. Court majority decided UCCJEA overruled a more ambiguous title 41 jurisdictional provision (left over from the old UCCJA) and held that jurisdiction should have be transferred to California. Curious in that mom had not filed anything in California courts that would give rise to the issue. Dissent argued district judge had ruled correctly. Essential holding was UCCJEA governs abuse and neglect proceedings and if neither party nor the children reside in Montana (mom had moved to Minnesota), then although the order remained valid and enforceable by California courts until California modified the order, Montana no longer had jurisdiction.
