Divorce Lawyers New York - Recent Family Law Decisons (4)
Recent Family Law Decisons (4)
Uniform Custody Jurisdiction In General
If another state in substantial accordance with the jurisdictional standards of this Act modifies a custody order, Illinois courts will recognize and enforce such modification. In re Rizza.
In order to exercise original jurisdiction as well as continuing jurisdiction over child custody and visitation determinations, a trial court must meet certain jurisdictional criteria, regardless of whether that court entered the original decree and specifically retained jurisdiction for enforcement thereof. Klumpner v. Klumpner.
In the context of this Act “jurisdiction” refers not to the due process limits of potential subject matter or personal jurisdiction, but rather to the legislature’s discretionary limitation upon the exercise of existing jurisdiction. In re Slate.
This Act involves a process in which the court must first resolve whether is had jurisdiction under this section and, after such a finding, it must determine under 750 ILCS 35/7 and 750 ILCS 35/8, whether it should decline to exercise jurisdiction. In re Levy.
This Act appears to confer subject matter jurisdiction of child custody determinations, the term “jurisdiction” is not used in its traditional sense but as a limitation on the existing jurisdiction conferred on the courts by the Illinois Constitution. In re Levy.
Jurisdiction Proper
The children and their mother had a significant connection to Illinois and had no connection at all to the state where their father currently resided, therefore jurisdiction was proper in Illinois. Arulpragasam v. Eisele.
Substantial Evidence
Where the minor children spent most of their entire life in the state of Illinois and the father, his parents, and other relatives continued to reside within the state of Illinois, the fact that the father could be the potential custodian of the children indicated that there would be substantial evidence concerning the children’s future care and a significant interest and connection with the state of Illinois. In re Bass.
Commencement of Time
While the child may have resided in the new state for a period of six months or longer, the six month period within which the parent in the original state would not begin to run until that parent had reason to recognize the permanency of the out of state absence. In re Frost.
