Shinichi Ogawa, Appellant v. Yoko Ogawa, Respondent

Summary

The court held that Nevada had home-state jurisdiction under the UCCJEA because the children’s absence in Japan was intended to be a temporary vacation and therefore did not interrupt their Nevada residency. Although the Hague Convention did not apply because Japan was not a signatory, the district court could order the children’s return under its UCCJEA custody jurisdiction. The court reversed the default divorce decree because Shinichi had answered and appeared through counsel, requiring a merits hearing before deciding custody, support, property distribution, and fees.