In re Marriage of Schwander

In In re Marriage of Schwander (1978) 79 Cal.App.3d 1013, the court was faced with a similar question of enforcing a custody decree of a sister state (Illinois), which had not adopted the UCCJA. Interpreting section 5162, the court stated at page 1018: "This statute declares, as a matter of state law, that custody decrees of sister states will be recognized and enforced. Recognition and enforcement are mandatory if the state in which the decree was rendered (1) has adopted the Act, (2) has statutory jurisdictional requirements substantially like those of the Act, or (3) would have had jurisdiction under the facts of the case if the Act had been the law in the state. (9 U. Laws Ann. 120, Comrs.' Note foll. 13 of the Act.)" The Court concluded that California was required to enforce the Illinois decree as it was made under standards that parallel those of the UCCJA.