Benson v. Benson’s Empirical Analysis

Citation profile

10 state decisions

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1.Except as otherwise provided in section 14-14.1-15 [temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: a.This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding, and the child is absent from this state but a parent or person acting as a parent continues to live in this state; b. A court of another state does not have jurisdiction under subdivision a, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 14-14.1-18 or 14-14.1-19, and: (1) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (2) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships; c. All courts having jurisdiction under subdivision a or b have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; or d. No court of any other state would have jurisdiction under the criteria specified in subdivision a, b, or c. 2. Subsection 1 is the exclusive jurisdictional basis for making”

   3 later decisions quote this exact passage
   e.g. Castro v. Castro · State Ex Rel. Klein v. Winegar

2. “First, a court must determine whether it has jurisdiction, and, if it finds that it does, it then must determine whether there is a custody proceeding pending or a decree made by another state which has jurisdiction. If there is a pending custody proceeding in another state, a court must follow the process in N.D.C.C. § 14-14.1-17 and PKPA § 1738A(g). A court may not modify a decree issued by another state, except as provided in N.D.C.C. § 14-14.1-14 and PKPA §§ 1738A(f) and (h). Finally, assuming there is neither a proceeding pending in another state nor a decree by which another state retains jurisdiction, the court may decline to exercise jurisdiction under N.D.C.C. § 14-14.1-18 on the basis of an inconvenient forum, and the court shall decline to exercise its jurisdiction under the provisions of N.D.C.C. § 14-14.1-19 if a person seeking to invoke the court’s jurisdiction has engaged in unjustifiable conduct.”

   3 later decisions quote this exact passage
   e.g. Castro v. Castro · Kelly v. Kelly

3. “1. A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court. 2. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: 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 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; and h. The familiarity of the court of each state with the facts and issues i”

   1 later decision quote this exact passage
   e.g. Castro v. Castro