conviction for sexual molestation of a young girl. The trial court thus announced that it was assuming temporary emergency jurisdiction of the children who were living in Texas; the court then appointed the Department and Schmidt joint temporary managing conservators, and granted Saavedra supervised visitation.
Following the July 5 hearing in Texas, an ex parte hearing was held in the California court on Saavedra's application to modify the October 1999 custody order. The court modified its earlier order by directing that the children be placed with the Alameda County Child Protective Services [8] (CPS) upon their return to California. The modified order stated that the California court continues to maintain exclusive jurisdiction under the UCCJEA. At no point did the California court mention the best interests of the children,interests of the children, and the California court's continuing refusal to communicate with the Texas court. On that same day, the Texas court signed the temporary order memorializing its earlier ruling following the July 5 hearing. This temporary order, dated August 14, 2000, was to remain in effect for one year or until the California court entered a final decree of divorce. In December 2000, although it still had made no attempt to communicate with the Texas court, the California court rendered a final judgment of dissolution of marriage, in which it merely affirmed the "current custody order."
In May 2001, Saavedra filed an amended petition for enforcement of child custody determination, requesting that the Texas court grant immediate physical custody of the girls to the Alameda County CPS.