The Fugitive Disentitlement Remedy

The Fugitive Disentitlement doctrine is a new remedy in the effort to enforce child support and custody orders. It emanates from the inherent power of courts to enforce their judgments and protect their dignity. It provides that "a fugitive from justice may not seek relief from the judicial system whose authority he or she evades." The doctrine, adopted by the U.S. Supreme Court in Smith v. U.S., 94 U.S. 97 (1876), is based on criminal law and has been applied in cases involving criminal appeals by defendants who have become or remain fugitives from justice. It may not be immediately obvious that the fugitive disentitlement doctrine can be invoked with relation to custody and child support issues, but it can, and it may be useful weapon for the matrimonial attorney in certain fact situations.

29 minute read January 26, 2005 at 01:21 PM
By
Joel R. Brandes
The Fugitive Disentitlement Remedy

The Fugitive Disentitlement doctrine is a new remedy in the effort to enforce child support and custody orders. It emanates from the inherent power of courts to enforce their judgments and protect their dignity.

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