Personal Jurisdiction / Subject Jurisdiction

[monnickasmommy]

What is the name of your state? AZ
What is the diffrence of Personal Jurisdiction and Subject Jurisdiction ?

 

[I AM ALWAYS LIABLE]

What is the name of your state? AZ
What is the diffrence of Personal Jurisdiction and Subject Jurisdiction ?

My response:

Personal jurisdiction is what the court gains over the party against whom enforcement is sought must be established, whether by residence, activities, consent, location of property or some other grounds. [Glencore Grain Rotterdam B.V. v. Shivnath Rai Harnarain Co. (9th Cir. 2002) 284 F.3d 1114, 1120-1122]

In layman's terms - - does the court have the power and legal grounds to place its hands around the neck of a litigant and drag him into court?

Subject matter jurisdiction is always a matter of legislative purpose and intent of the courts. The legislature intended for certain courts to hear certain types of disputes, while certain courts are not empowered to hear certain types of disputes. For example, Small Claims courts do not have the "subject matter jurisdiction" or "permission" to hear cases concerning "unlawful detainer" or "divorce" cases.

IAAL

 

[Boxcarbill]

Subject matter jurisdiction is whether the court has the authority to speak (render a verdict) on the subject matter. Subject matter of the court is set by statute.

Personal jurisdiction requires that the court have the ability to bind the litigants.

This is the simple answer: In my law school, the most frequently failed course for first year law school students was Federal Rules of Civil Procedure--which deals with subject matter and in persona jurisdiction.

 

[monnickasmommy]

Next Question is :

Lets say a person leaves to a diffrent country and hides with a child for 3 years, can the other party (non moving)parent get the cased transfered to his home state, where the child is to have visiting rights with the father ?

Can we petition the court to keep the case in AZ, when the other moving party can not stay in one State, everytime the ncp gets his visiting rights the cp moves ? She has moved 3x since we got visitation rights to the miner child, she has NO home state, when she keeps moving right ?

 

[I AM ALWAYS LIABLE]

My response:

I think your next item should have been - - "thank you for your responses, Boxcarbill and IAAL. I appreciate it. If you wouldn't mind, I have another question . . ."

You know, the "social graces" go a long way on these forums.

IAAL

 

[monnickasmommy]

IAAL AND BCB - Thank you very much for your information -

 

[I AM ALWAYS LIABLE]

Next Question is :

Lets say a person leaves to a diffrent country and hides with a child for 3 years, can the other party (non moving)parent get the cased transfered to his home state, where the child is to have visiting rights with the father ?

Can we petition the court to keep the case in AZ, when the other moving party can not stay in one State, everytime the ncp gets his visiting rights the cp moves ? She has moved 3x since we got visitation rights to the miner child, she has NO home state, when she keeps moving right ?

My response:

No, the orders cannot be moved from the issuing State. The reason is because there are issues of kidnapping and contempt of the court's orders. The home State court continues its jurisdiction until such time as all of its orders are obeyed, and there are no other issues before the court.

This is a simplified explanation, and I encourage you to confer with an attorney in the State where the orders were made and issued.

IAAL

 

[monnickasmommy]

jurisdiction until such time as all of its orders are obeyed

Thank you once again for the info -

However the Moving parent has not obeyed the order at all ! (Even the Child Support Order)

They have a order from the first court where it was issued in 99 to seen his daughter for visitation for 3 weeks for the summer in the year of 2000, 2001 for 4 weeks and for 2002 for 4 weeks- she is to notify us is she moves. Never gave us a address to fine her. However she did give it the the DES/Child Support Courts and that is how we had to obtain it !!
She has not allowed him at ALL to see her.
Because she does not inform us where she was at.
In Aug. 2001, we filed the First orders and a Contempt against her, in AZ we mailed Contempt papers to her every month Certified Mail return Reciept to the Address her attorney gave us, to find out it was a incorrect address. We got them back.
Her husband is in the Military- So our "old" attorney got there address from the JAG office in Virginia, so he sent same contempt papers there we got them back as "Refused by Addressee", "Unclaimed",. So my husband called the military - all they can say was it is a civil issue we can not help you.

So finally they moved back to the US in 2002 we finally got her served the court papers - She did reply to them -Admitting that she denied his visitation rights , and she states that she recieved only legal notices and threating letters - She could not prove ANY of it !!!!Because we got everything back, filed it still sealed in the envelopes.
And then she states in her answer that she is Visiting in-laws - does this count as a living there if she has been there for 1 year !!! Lives in a 2 bedroom house with her husband, there 5 year or 6 year old son and my husbands daughter who is 10, (daughter told dad that she has to share a room with her brother

I can continue all the violations she does , but I wont waste my time thinking -

We have a meeting on Tuesday with a Attorney.
Case did get dismissed based upon Jurisdiction , however the Judge Reconsider it, now her attorney is DEMANDING the judge to dismiss it.

I will keep everyone posted on the out come of it -

My husband was in tears today because he dont ever think he will EVER see her because mom is in control , and she does nothing but disobey all court orders and he get nothing.

So I will tell him when he gets home the post I recieved today to encourage him to contine to fight.

 

[monnickasmommy]

bcb

BCB

This may sound stupid but what does this mean ?

ability to bind the litigants

and if she is visiting in laws-as she stated in a court paper does this mean she has residence there -

EX - If I was to go to Michigan to stay with my family for 7 months, however I file taxes or what ever in South Carolina ? What Would you consider my legal residence ?

(FYI - I just picked those states, due to the fact my entire family lives in AZ ! )

Your answers are greatly appreciated
And good night to all those on the East Coast !!!!!

 

[BL]

The case was remitted back to your State , where it rightfully belongs.

Now the other Party is trying to get it thrown out.

Here is some info to help you and your Lawyer in Family Court and/or Appeals if necessary:

The Court , in declining to exercise Jurisdiction,placed far too much emphasis that the child resides ( wherever else ), and too little emphasis on the respondent's reprehensible conduct (what ever action the respondent illegally took ), in removing the child ( from State) in violation of of the court's Custody & visitation order , and secreting the child ( Unknown locations ),which resulted in the complete frustration of the Petitioner's visitations and ( any other ) rights.

Argue due to these circumstances the hearing MUST be held where the order was made -you reside ).

 

[monnickasmommy]

How can we find out her "true" residence ?

Her husband is in Oklahoma ? And she is Visiting-in-laws.
How easy it it for her to move to Oklahoma once we get the order granted once again,

 

[BL]

However she did give it the the DES/Child Support Courts and that is how we had to obtain it !! [ quote ]

That would be one way, if they give it to you again.

Another way to find the other party is by Having an authorized person(s) to initiate a a FPLS ( as child Support Office Could. ).

There is also a form " Request For Authorization To Use The
FPLS " . You have to have an authorized person or agency sign it , State Court judges, Child Support unit , State Officials, States Attorneys, ETc.

Missing & Exploited Children , State Clearing Houses on Family Abductions , has a Sample Form.

When the case is heard , the Judge will make appropriate Orders for the return ( or other orders ) depending on the outcome.

If the Party is in contempt, the Court will usually give them an ultimatum OR ELSE !!

 

[monnickasmommy]

I did go to a web site that coosi put down : very good
I looked the word up Domicile
We are going to see if we can get an order to see what her true residence is- they own land in another state- and her husband is military so according to a thing i was reading , she can be protected- I have a tax paper where they once again disobeyed a order and they filed in SC, not where they are living now.

Thank you all for you imput