New York Divorce Lawyer Summaries

The above principals cannot be applied in a rigid orauthorized by subsection (d). In re Horne.
mechanical fashion but require the trial court toJurisdiction
exercise discretion. In re Tatham. The standards-Conceding
applicable to determining jurisdiction cannot be appliedIn a proceeding in which the husband sought to
in a mechanical fashion, but require the exercise ofpunish the wife for violating the terms of the
discretion by the trial court. In re Kehres.judgment for dissolution of their marriage by moving
Factors Consideredto Georgia with their child, the court properly
The child's home state, the location of necessaryconceded jurisdiction to Georgia where the mother
evidence of the child's well being, and the significantalleged, and the husband offered to evidence to
relationships of the child or parties to the competingdispute, (1) that Georgia was the child's home state,
states are considerations to be weighed in(2) that all the evidence concerning the child's care,
determining whether Illinois is an inconvenient forum.protection, training, and personal relationships was
In re Rizza.available in Georgia rather than in Illinois; and (3) that
Inconvenienceshe had filed a motion in the Georgia court to enroll
-Not Shown Circuit court abused its discretion bythe Illinois judgment of dissolution of marriage. In re
declining to exercise jurisdiction on the basic of anBlanchard. Trial court did not abuse its discretion in
inconvenient forum; no other state was or recentlyconceding jurisdiction to another state where other
had been the home state of the children, no otherstate was child's home, has a closer connection with
state had a closer connection than Illinois to thethe child and with respondent than did Illinois and
children or their mother, and all evidence regardingthere was substantial evidence there, as settlement
the children's present circumstances was available inagreement provided that post decree proceedings
Illinois. Arulpragasam v. Eisele. Since petitioner agreedwould be constructed under Illinois law not filed only
that Illinois was the proper forum as late asin Illinois. In re Walker.
December of 1994, the trial court did not abuse itsBefore proceeding on your own, please consider the
discretion in deciding not to decline jurisdiction. In reexpertise of a divorce or family law attorney. You
Tatham.can seek references from bar associations or from
Interstate Communication by Judgesother attorneys.
Intertstate communication by the trial judges is