Hawkinson v. Hawkinson’s Empirical Analysis
1999
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently August 2023 · most notably Jelsing v. Peterson (2007), Dvorak v. Dvorak (2006)
48 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Stout v. Stout · Novak v. Novak · Keller v. Keller · Thomas v. Thomas · Paulson v. Bauske
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. The prospective advantages of the move in improving the custodial parent’s and child’s quality of life, 2. The integrity of the custodial parent’s motive for relocation, considering whether it is to defeat or deter visitation by the noncustodial parent, 3. The integrity of the noncustodial parent’s motives for opposing the move, 4. The potential negative impact on the relationship between the noncustodial parent and the child, including whether there is a realistic opportunity for visitation which can provide an adequate basis for preserving and fostering the noncustodial parent’s relationship with the child if relocation is allowed, and the likelihood that each parent will comply with such alternate visitation.”
22 later decisions quote this exact passage““In every relocation dispute, the court must try to accommodate the competing interests of the custodial parent who desires to seek a better life for herself and the children in a different geographical area; the child’s interest in maintaining a meaningful relationship with the noncustodial parent; the noncustodial parent’s interest in maintaining a meaningful relationship with the child; and finally, the state’s interest in protecting the best interests of the child.””
2 later decisions quote this exact passage“the trial court must weigh the advantages of a move “while recognizing the importance of maintaining continuity and stability in the custodial family.” ... We must recognize a relocation request does not involve a custody determination. That determination has previously been made. Because of the emphasis on maintaining the continuity of the custodial arrangement, consideration of factor one must give due weight to the possibility the move will enhance both the economic and noneco-nomic aspects of the custodial family unit. This the trial court failed to do as is evidenced by its blending of fourth factor considerations into its analysis of the prospective advantages of the move. Here, the trial court’s repeated references to a “co-parenting arrangement between [the custodial and noncustodial parent]” thwarted that important consideration. There was no “co-parenting arrangement” with regard to primary physical custody; [the mother] was the children’s primary physical custodian. This custodial arrangement was stipulated by the parties. The trial court’s findings did not properly weigh the advantages to the move in the context of maintaining continuity and stability in the custodial family under the first Stout factor.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.