JDX Flashcards
what kind of jdx do you need for alimony stuff
personal. dad visiting California to drop off kids once a year isn’t enough for California to have personal jdx
what kind of jdx do you need for property
in rem because the property is there, or in personum
what kind of jdx do you need for csutdoy
personal is good
(when state has prior contact with kid and one parent still lives there)
what’s our custody jdx hierarchy
- home state of kid
- state has significant connection/ substantial evidence +kid has no home state
- more appropriate forum and other courts have declined
- no other state has jdx
what is a home state
if kid lived with parent there for at least SIX months immediately before commencement of the proceeding
OR
if kid lived there within the last six months and the parent still lives there now
are temporary absences ok for it still to be your home state
yes - evaluate for intent, if parents planned for kid to return
when does state have temporary emergency jdx
if kid is in state and has been abandoned or its necessary in an emergency to protect the kid because kid or parent is in danger
can states modify another state’s custody order
if court has continuing exclusive jdx –> no, unless state deffered
if other state does not have continuing exclusive jdx, do jdx analysis to see if this state even can
what is continuing exclusive jdx
A) jdx continues until court in the decree state decides that
- no significant connection anymore and
- no substantial evidence about the custody dispute remains in the state
B) OR court in either state determines no one lives there anymore
what’s the general idea of The Hague convention
if there’s a prima facie case that a kid was abducted, court should immediately return the kid
what’s a prima facie case for international kidnapping
kid must’ve been taken from habitual residence. if parent had rights in the country of habitual residence and the other took the kid anyway
