Henkell v. Henkell’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that a decree fixing the custody of a child is final on conditions then existing and should not be changed afterwards unless on altered conditions since the decree was rendered or on material facts existing at the time of the decree, but unknown to the court, and then only for the welfare of the child. Weatherton v. Taylor, 124 Ark. 579 , 187 S.W. 450 ; Reynolds v. Tassin, 212 Ark. 1020 , 208 S.W. 2d 987 . While any agreement as to custody the parties may make in contemplation of divorce is of some importance as tending to show their attitude, it is not binding on the courts. Burnett v. Clark, 208 Ark. 241 , 185 S.W. 2d 703 . We have frequently said that the paramount and controlling consideration in cases of this nature is the welfare of the child. Phelps v. Phelps, 209 Ark. 44 , 189 S.W. 2d 617 .” The chancellor listened to three days of testimony and the record contains 27 pages wherein he explained the law and his reasons for not going behind the February 3rd consent decree and for denying a change of custody. We cannot say that he incorrectly applied the law nor that his findings are contrary to a preponderance of the evidence.”

   1 later decision quote this exact passage
   e.g. Bond v. Rich