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Full-Text Articles in Jurisdiction
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Articles
Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues …
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
Michigan Law Review
No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …
Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston
Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston
Michigan Law Review
Husband and wife, living in Ohio, were separated in 1945, the only child going to live with the paternal great-grandfather in Pennsylvania. Husband and wife were divorced in Ohio in April 1949. Custody of the child was awarded the wife, but because of the wife's defective vision the child was to remain temporarily with the great-grandfather; it was further provided that the custody question could be relitigated after eighteen months. On October 26, 1949, the wife got a further Ohio decree awarding her sole custody. The great-grandfather refused to surrender the child, and wife filed a petition for habeas corpus …
Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.
Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.
Michigan Law Review
Plaintiff and defendant, husband and wife, were domiciled in New York. Because of temporary unemployment, plaintiff took his wife and minor child to Connecticut. He later returned to New York and resided in the apartment the family had formerly occupied. The wife and child did not return to New York, and the court found that she had at all times intended to remain in Connecticut and establish a domicile there. Plaintiff at all times intended to make New York his permanent residence. When defendant would not return to New York, plaintiff brought action for separation in a New York court, …
Conflict Of Laws-Jurisdictional Basis For Awarding Custody Of Minor Child, Charles E. Becraft S. Ed.
Conflict Of Laws-Jurisdictional Basis For Awarding Custody Of Minor Child, Charles E. Becraft S. Ed.
Michigan Law Review
Plaintiff and his wife, domiciliaries of California, separated June 3, 1946. On Oct. 25, 1946, the wife took the minor child of the marriage to Nevada where she commenced proceedings to obtain a divorce. On Feb. 4, 1947, a final decree awarded her a divorce and custody of the child. She remarried and moved to Utah where she and the child have lived ever since. On Jan. 2, 1947, the plaintiff filed a petition in California asking for a divorce and custody of the child. On July 8, 1947, plaintiff applied for an order pendente lite to award him custody …
Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr.
Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr.
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum
Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum
Kentucky Law Journal
No abstract provided.
Conflict Of Laws: What Is The Basis Of Jurisdiction To Determine Which Parent Shall Have The Custody Of Minor Children Following Divorce?, W. L. Matthews Jr.
Conflict Of Laws: What Is The Basis Of Jurisdiction To Determine Which Parent Shall Have The Custody Of Minor Children Following Divorce?, W. L. Matthews Jr.
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff
Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff
Kentucky Law Journal
No abstract provided.
Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.
Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad
Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad
Kentucky Law Journal
No abstract provided.
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Articles
Divorce may be considered as the termination of the legal relationship between husband and wife by an act of the law. With the purely local aspect of legal questions regarding divorce, Conflict of Laws is not concerned. If a husband and wife are married and have their home in one state, legal questions concerning their divorce are local matters only. These will include the grounds for divorce, the particular court in which the action is brought, the procedure to be followed from commencement to termination of the action. In such a case it is only when some question concerning the …
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Articles
In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it would a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union, the "full faith and credit" clause of the Constitution makes such enforcement of the foreign decree obligatory. …