Illinois Appellate Court
Civil Court
Child Custody
Parties were married in Illinois, and Illinois court entered judgment of dissolution of marriage awarding mother sole custody of their minor son. Mother and son, then father, moved to India, and India family court entered ex parte interim order restraining anyone from disturbing the custody of the child, who remained in school in India. The India family court determined that the parties are "now ordinarily residing" in India. This finding necessarily implied that the parties did not presently reside in Illinois; thus, India court acted in substantial conformity with jurisdictional requirements of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Drafters of UCCJEA did not intend that "residence" be equated with "domicile". Thus, Illinois court did not have exclusive and continuing jurisdiction over child custody. (MURPHY and QUINN, concurring.)