Garay Uppen v. Superior Court of Pima County

OPINION

HOWARD, Chief Judge.

The subject of this special action is a ruling by the respondent court that it lacked jurisdiction to consider, approve and make provision for the custody of petitioner’s minor child in a decree of dissolution. Because of the unusual circumstances, we deem the remedy by appeal inadequate and therefore assume jurisdiction.

Briefly, the facts are as follows. Petitioner and the father of the child were married in Santiago, Chile, on June 7, 1972 and on May 9, 1974, the father abandoned petitioner when she was pregnant with the subject child. The child was born in Chile…