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What is the name of your state (only U.S. law)? Wisconsin.
for all the newbs. Mom took off with kid. dad files for return of child in florida day later. Mom files for mediation 1 week later. Dad was primary caregiver for 2/3 of the childs 3 years of age.
when the Uccjea is cited courts are obligated to look at specific factors for jurisdiction listed here:
(a) Whether domestic violence has occurred and is likely to continue in the future and which
state could best protect the parties and the child.
(b) The length of time that the child has resided outside this state.
(c) The distance between the court in this state and the court in the state that would assume jurisdiction.
(d) The relative financial circumstances of the parties.
(e) Any agreement of the parties as to which state should assume jurisdiction.
(f) The nature and location of the evidence required to resolve the pending litigation, including
testimony of the child.
(g) The ability of the court of each state to decide the issue expeditiously and the procedures
necessary to present the evidence.
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
A. whether it has occured? so like preponderance of evidence or actuall incidents and reports?
B. our child lived in wisconsin for 13 months and florida for 20. Equal family in both states.
C. 1372 miles. distance between courts, and neither part lives in county now hearing jurisdiction nor has for 3 years
D. Mom doesnt pay rent water or heat. Shares food with parents. Had a car bought for her. and has two lawyers. 1 in each state. Dad pays for his own way. no lawyers on board.
E. not relevant
F.Nature and location of evidence: STUMPED! Is this past present or future evidence. what took place in wisconsin in childs first year must be irrelevant by now. 20 months in florida leading up to Moms ill advised move seems relevant. last 6 months seems relevant too, allthough dad hasnt been able to be a part of the childs life. Mom has prevented this and/or made it impossible.
G. no idea who is quicker in the courts. How does one gauge that?
H.The familiaraity with the litigation.... Id say each court is totally aware of all litigation and facts as well as allegations.
So in the forums experience, what is a driving point on these incovient forum standards? is it a fair statement to say. "The creditability of the parties would come into play when deciding whether or not domestic violence occured, without any reports or police contact, witness's, documented incidents of any sort, in any state anywhere"
Does the Sunset act still exsist?
So please forum since we have never actually touched on this, what is your take, other then "Oh spinny you just spinnin your wheels"
How do you see the courts seeing this comparison in inconvient forum standards?
could in fact be helpful for others. (weary we give anybody an idea though)
for all the newbs. Mom took off with kid. dad files for return of child in florida day later. Mom files for mediation 1 week later. Dad was primary caregiver for 2/3 of the childs 3 years of age.
when the Uccjea is cited courts are obligated to look at specific factors for jurisdiction listed here:
(a) Whether domestic violence has occurred and is likely to continue in the future and which
state could best protect the parties and the child.
(b) The length of time that the child has resided outside this state.
(c) The distance between the court in this state and the court in the state that would assume jurisdiction.
(d) The relative financial circumstances of the parties.
(e) Any agreement of the parties as to which state should assume jurisdiction.
(f) The nature and location of the evidence required to resolve the pending litigation, including
testimony of the child.
(g) The ability of the court of each state to decide the issue expeditiously and the procedures
necessary to present the evidence.
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
A. whether it has occured? so like preponderance of evidence or actuall incidents and reports?
B. our child lived in wisconsin for 13 months and florida for 20. Equal family in both states.
C. 1372 miles. distance between courts, and neither part lives in county now hearing jurisdiction nor has for 3 years
D. Mom doesnt pay rent water or heat. Shares food with parents. Had a car bought for her. and has two lawyers. 1 in each state. Dad pays for his own way. no lawyers on board.
E. not relevant
F.Nature and location of evidence: STUMPED! Is this past present or future evidence. what took place in wisconsin in childs first year must be irrelevant by now. 20 months in florida leading up to Moms ill advised move seems relevant. last 6 months seems relevant too, allthough dad hasnt been able to be a part of the childs life. Mom has prevented this and/or made it impossible.
G. no idea who is quicker in the courts. How does one gauge that?
H.The familiaraity with the litigation.... Id say each court is totally aware of all litigation and facts as well as allegations.
So in the forums experience, what is a driving point on these incovient forum standards? is it a fair statement to say. "The creditability of the parties would come into play when deciding whether or not domestic violence occured, without any reports or police contact, witness's, documented incidents of any sort, in any state anywhere"
Does the Sunset act still exsist?
So please forum since we have never actually touched on this, what is your take, other then "Oh spinny you just spinnin your wheels"
How do you see the courts seeing this comparison in inconvient forum standards?
could in fact be helpful for others. (weary we give anybody an idea though)
