Monday, March 16, 2009

3d DCA Grants Cert in UCCJEA Matter

The Third District Court of Appeal granted a Petition for Writ of Certiorari on Friday in the case of Karam v. Karam, in which the French court in the island region of Guadeloupe took on jurisdiction of a custody case based on representations that it was the children's "usual and permanent centre of interest," and not under the UCCJEA. The Court detailed the distinction between the federal definition of a "home state" as the state of residence for six prior months and the differing standard in the French Court, and granted cert, finding that the US court should not have relinquished jurisdiction to the foreign jurisdiction.

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