Jurisdiction

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Jurisdiction Family Law

• Always the exception..

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Consider
The law of divorce inhabits a looking-glass world
in which the usual jurisdictional principles are
distorted beyond recognition. Jurisdiction over
the defendant seems to be neither necessary nor
sufficient to empower a court to hear a divorce
case.
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Requirements

• Subject matter jurisdiction
• Notice - general due process standard
• Personal jurisdiction - statutory and
  constitutional

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Lets Quiz!
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1. Federal or State Court?
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2. Subject Matter Jurisdiction

• Presence?
• Residence?
• Domicile?
• Other?

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The significance of jurisdiction

• 3 When must a state recognize a divorce decree
  from a sister state?

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Jurisdiction for Divorce

• Subject matter jurisdiction
• Domicile
• Military presence
• ???

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Personal JurisdictionWhere Can She Sue?Problems
45
H
w
Marriage
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Jurisdiction for Dissolution Economics

• Dissolution in rem jurisdiction based on
  presence of either party
• Personal jurisdiction over respondent for orders
  (maintenance, child support, division of
  property)
• Jurisdiction over real property to determine
  title (local action rule)

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Child Custody Jurisdiction

• Should jurisidiction be based on the location of
  the child -- in-rem exception like divorce?
• Or should jurisdiction be required over
  respondent same as economics?
• Or sui generis?

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Child Custody Visitation

• Historically, different answers led to concurrent
  jurisdiction
• Forum shopping child snatching were significant
  problems

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Legislative Solutions         

• Uniform Child Custody Jurisdiction Act of 1980.
• Federal Parental Kidnapping Prevention Act of
  1980 (28 USC 1738A)

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Bases for original jurisdiction

• Home state of child
• Significant connection to jurisdiction
• Physical presence need for immediate action to
  protect child
• Best interests of child (as a fall back when no
  other jurisdiction)

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Who has jurisdiction?Problem 7-5, p. 768
Birth of child 5/79
Custody decree 7/80 Dad still present
Marriage 1977
M Child present from 10/79 to date
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Issues

• What is a home state? significant
  connections?
• Preference for home state or First in time rule?
• What if two states have proceedings?
• What is a wrongful removal of a child?

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Jurisdiction for Modification

• Original state retains jurisdiction over
  modification
• Act provides guidelines for exercise of
  jurisdiction (Kumar v. Sup. Ct.) 
• How does one interpret significant
  connections?           

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Problem 7-7 p. 796

• What is the home state of a baby less than six
  months old?