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Unjustifiable Conduct and Home State Jurisdiction Under the UCCJEA

By Jeremy D. Morley

Interesting and difficult jurisdictional questions frequently arise when a parent unilaterally removes a child to an international jurisdiction. How long has the child been absent from the jurisdiction in which the left-behind parent seeks to have the case heard? Was the child “kidnapped or was the parent within his or her rights in moving the child to another jurisdiction? And what efforts has the left-behind parent made to remedy the situation? These and other questions can become part of the decision maker's analysis when deciding if a parent's conduct in taking a child out of country was unjustifiable, and whether this warrants hearing the case in the left-behind parent's home state even though the child is absent from the jurisdiction. A recently decided case illustrates the issue.

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