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← 85 N.J. Super. 462 - Smith v. Smith

85 N.J. Super. 462 - Smith v. Smith’s Empirical Analysis

1964

Citation profile

10
cited by 10 later decisions
2
states following
January 1996
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently January 1996

10 state decisions

301964197019801990decided

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 Daly v. Daly · Bonanno v. Bonanno · 39 N.J. Super. 117 - Daly v. Daly · 45 N.J. Super. 338 - Casteel v. Casteel · 12 N.J. Super. 350 - Bruguier v. Bruguier

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. “Although the Daly case and others in New Jersey and other states stand for the proposition that the obligation to support is not as a general rule dependent upon the right of visitation, [citations omitted], nevertheless a compelling contrary philosophy permeates almost all decisions relating to rights of visitation. This philosophy includes not only the obligation of both parents to love and know their children, but also the right and privilege a child has in getting to know, love and respect both parents. "No court should permit either parent to interfere with the successful attainment of these facets of a child's welfare." [Citations omitted]. Where the welfare of the children requires that they have reasonable visitation with their father, the courts have not been loath to bring pressure on the mother to make such visitation rights effective by using the economic sanction of temporarily depriving her of support for the children or reducing such support. [Citations omitted]. [ 85 N.J. Super. at 467 ].”
    1 later decision quote this exact passage
  2. “Experience has shown that only too often, unless the court exercises its power to protect the welfare of the children, a separated wife is not likely to provide reasonable visitation privileges voluntarily. The children may well be used as weapons to inflict punishment upon the other parent for real or imagined wrongs.”
    1 later decision quote this exact passage
  3. “to insure that [the children] shall not only retain the love of both parents but shall at all times and constantly be `deeply imbued with love and respect for both parents.'”
    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.