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← 88 MISC2D 233 - O'Shea v. Brennan

O'Shea v. Brennan’s Empirical Analysis

1976

Citation profile

6
cited by 6 later decisions
2
states following
March 1998
most recently cited

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To award custody to the mother would, in effect, be to completely deny to the infant the right to the love, parental care, companionship and guidance of her father. Further, it would deprive her of the right to be raised and educated in her own country — which is part of her birthright. Moreover, it would deprive the petitioner of the natural rights he has as a father — since he would be completely cut off from his daughter by a distance of many thousands of miles. [Citations.]”
    1 later decision quote this exact passage
  2. “The permanent removal of a domiciliary child must not be permitted where it renders rights of visitation illusory. [¶] ... [¶] In view of the circumstances, I find that the mother is not acting in the best interests of her daughter in attempting to take her to Australia, where the child will be raised, educated and brought up for all practical purposes as an Australian. [¶] ... [T]he best interests of this seven-year-old child require that custody be given to the father....”
    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.