Parental kidnapping, 1979: hearing before the Subcommittee on Child and Human Development of the Committee on Labor and Human Resources, United States Senate, Ninety-sixth Congress, first session ... April 17, 1979, Los Angeles, Calif

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Page 248 - is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected [or dependent]; or "(4) (i) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (1). (2). or (3). or another state has declined
Page 248 - SECTION 3. [Jurisdiction.! (a) A court of this State which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: "(1) this State (i) is the home state of the child at the lime of commencement of the proceeding, or
Page 209 - 5163. 35. The home state is defined as "the state in which the child immediately preceding the time involved lived with his parents, a parent, or a person acting as parent, for at least six consecutive months . . .", with allowances for temporary absences and children below the age of 6
Page 184 - by initial or modification decree if: 5 (1) this State (i) is the home state of the child at the time of 6 commencement of the proceeding, or (ii) had been the child's 7 home state within 6 months before commencement of the pro8 ceeding and the child is absent from this State because of
Page 248 - alone sufficient to confer jurisdiction on a court of this State to make a child custody determination, "c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody." • Uniform Child Custody Jurisdiction Act. §13: "SECTION 13. {Recognition of
Page 194 - judgment. Compare Restatement of the Law Second, Conflict of Laws, Proposed Official Draft, section 109 (1967). 1- SECTION 13. [Recognition of Out-of-State Custody Decrees.] 2 The courts of this State shall recognize and enforce an initial or 3 modification decree of a court of another state which had assumed 4 jurisdiction under
Page 9 - State assume jurisdiction because (i) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and
Page 197 - this State. 10 (b) A person violating a custody decree of another state which 11 makes it necessary to enforce the decree in this State may be 12 required to pay necessary travel and other expenses, including 13 attorneys' fees, incurred by the party entitled to the custody or 14 his
Page 183 - the comments to the sections which use the terms defined. \ \ 8 . 1 SECTION 3. [Jurisdiction.] 2 (a) A court of this State which is competent to decide child 3 custody matters has jurisdiction to make a child custody deter4 ruination by initial or modification decree if: 5 (1) this
Page 259 - to justify examination of and prompt comment on the child-snatching proposal by family law teachers, practitioners and judges. B. History of the Proposal S. 1437 as reported by the Subcommittee on Criminal Laws and Procedures of the Senate Judiciary Committee included an affir»Deputy Chief Counsel. Subcommittee on Criminal Laws and Procedures, Committee on the Judiciary, US Senate. The views expressed in this article are

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