Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Recognition of Custody Decrees Rendered Abroad

Recognition of Custody Decrees Rendered Abroad ALBERT A. EHRENZWEIG Recognition of Custody Decrees Rendered Abroad Law and Reason versus the Restatement o N AUGUST 1, 1945, A CALIFORNIA COURT awarded to a mother her child's full custody. Immediately upon receiving notice of the denial of his final appeal, without the mother's knowledge, the father took the child across the border to Ontario where two courts, "looking at the matter as a whole," held in his favor. The Supreme Court of Canada, however, allowed the mother's appeal and restored her custody under the Califor­ nia decree upon her undertaking to return to the United States forthwith. Stressing the fact that all parties were citizens, domiciliaries, and residents of this country ("a friendly foreign State") where a decision had been reached after full and careful hearings, the Canadian court insisted that a losing parent could not, "by the simple expedient of taking the child with him across the border into Ontario for the sole purpose of avoiding obedience to the judgment of the Court whose jurisdiction he himself invoked," become entitled "to have the whole question retried in [Cana­ dian] courts, and to have them reach a new and independent judgment as to what is best for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Recognition of Custody Decrees Rendered Abroad

Download PDF
11 pages

Loading next page...
 
/lp/oxford-university-press/recognition-of-custody-decrees-rendered-abroad-AJmx7njQtw

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 1953 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837297
Publisher site
See Article on Publisher Site

Abstract

ALBERT A. EHRENZWEIG Recognition of Custody Decrees Rendered Abroad Law and Reason versus the Restatement o N AUGUST 1, 1945, A CALIFORNIA COURT awarded to a mother her child's full custody. Immediately upon receiving notice of the denial of his final appeal, without the mother's knowledge, the father took the child across the border to Ontario where two courts, "looking at the matter as a whole," held in his favor. The Supreme Court of Canada, however, allowed the mother's appeal and restored her custody under the Califor­ nia decree upon her undertaking to return to the United States forthwith. Stressing the fact that all parties were citizens, domiciliaries, and residents of this country ("a friendly foreign State") where a decision had been reached after full and careful hearings, the Canadian court insisted that a losing parent could not, "by the simple expedient of taking the child with him across the border into Ontario for the sole purpose of avoiding obedience to the judgment of the Court whose jurisdiction he himself invoked," become entitled "to have the whole question retried in [Cana­ dian] courts, and to have them reach a new and independent judgment as to what is best for

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1953

There are no references for this article.