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New York Divorce
Lawyer Summaries
The above principals
cannot be applied
in a rigid or
mechanical fashion
but require
the trial court
to exercise
discretion.
In re Tatham.
The standards
applicable to
determining
jurisdiction
cannot be applied
in a mechanical
fashion, but
require the
exercise of
discretion by
the trial court.
In re Kehres.
Factors Considered
The child's
home state,
the location
of necessary
evidence of
the child's
well being,
and the significant
relationships
of the child
or parties to
the competing
states are considerations
to be weighed
in determining
whether Illinois
is an inconvenient
forum. In re
Rizza. |
Inconvenience
-Not Shown Circuit
court abused
its discretion
by declining
to exercise
jurisdiction
on the basic
of an inconvenient
forum; no other
state was or
recently had
been the home
state of the
children, no
other state
had a closer
connection than
Illinois to
the children
or their mother,
and all evidence
regarding the
children's present
circumstances
was available
in Illinois.
Arulpragasam
v. Eisele. Since
petitioner agreed
that Illinois
was the proper
forum as late
as December
of 1994, the
trial court
did not abuse
its discretion
in deciding
not to decline
jurisdiction.
In re Tatham.
Interstate Communication
by Judges
Intertstate
communication
by the trial
judges is authorized
by subsection
(d). In re Horne.
Jurisdiction
-Conceding
In a proceeding
in which the
husband sought
to punish the
wife for violating
the terms of
the judgment
for dissolution
of their marriage
by moving to
Georgia with
their child,
the court properly
conceded jurisdiction
to Georgia where
the mother alleged,
and the husband
offered to evidence
to dispute,
(1) that Georgia
was the child's
home state,
(2) that all
the evidence
concerning the
child's care,
protection,
training, and
personal relationships
was available
in Georgia rather
than in Illinois;
and (3) that
she had filed
a motion in
the Georgia
court to enroll
the Illinois
judgment of
dissolution
of marriage.
In re Blanchard.
Trial court
did not abuse
its discretion
in conceding
jurisdiction
to another state
where other
state was child's
home, has a
closer connection
with the child
and with respondent
than did Illinois
and there was
substantial
evidence there,
as settlement
agreement provided
that post decree
proceedings
would be constructed
under Illinois
law not filed
only in Illinois.
In re Walker.
Before proceeding
on your own,
please consider
the expertise
of a divorce
or family law
attorney. You
can seek references
from bar associations
or from other
attorneys.
New York City
divorce and
family law firm
handling divorce
and family law
cases throughout
New York City
and the surrounding
areas. Results
driven law firm
with experience
and skill to
handle the most
difficult cases.
Divorce Lawyers
New York |
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