1. Constance Moneylove married Dr. Harrison McMacho in Baton Rouge in 1997. Immediately the parties moved to Memphis. Two children were born.
2. On 15 March 2005, Constance took the children and moved back to Louisiana. On 20 March 2005, she filed for divorce in the Family Court for East Baton Rouge, asking for a divorce in 180 days. She also is asking temporary and permanent custody. Service was made on Harrison in Tennessee on 23 March 2005. Harrison has not appeared.
3. On 23 March 2005, Harrison filed in the Circuit Court of Shelby County, asking temporary and permanent custody. Constance was served in Louisiana on 25 March 2005 under Tennessee's longarm. Documents served include an ex parte order granting Harrison "the temporary custody of the children." Constance has not appeared in the Tennessee action.
Harrison's attorney today, 11 May 2005, presents you with a copy of the Tennessee order for temporary custody, duly exemplified. Harrison's attorney asks you to sign an order granting the temporary custody determination full faith and credit pendente lite.
Please answer briefly, succinctly and accurately the following questions and only the following questions:
A. Is the Tennessee temporary custody order entitled to full faith and credit in Louisiana under 28 U.S. Code § 1738A (the Federal Parental Kidnapping Prevention Act of 1980)? Why or why not?
No FF&C to TRO, no notice and opportunity 8 points _______
B. Where does jurisdiction lie to determine the custody of the children?
Tennessee is home state of child 8 points _______ Home state exists for six months following 8 points _______ One parent continues to reside in Tennessee 8 points _______
C. Where does jurisdiction lie to dissolve the marriage? Why?
Tennessee has jurisdiction 8 points _______ based on husband's domicile 8 points _______ Louisiana has jurisdiction 8 points _______ based on wife's domicile 8 points _______
D. Where does jurisdiction lie to determine alimony and child support? Why?
Tennessee has jurisdiction 8 points _______ She may file there 8 points _______ Or he may use the Tennessee longarm 8 points _______ Clearly she has minimum Tennessee contacts 8 points _______
In Louisiana, personal service needed 8 points _______ Or waiver or consent or appearance 8 points _______ Or she may use UIFSA 8 points _______ Explanation of UIFSA's procedures 8 points _______
Answer the following in one or two sentences.
A. A female client tells you that her elderly, widowed mother wastes money on extravagances, soils herself, and forgets to take medication. Mom refuses to go into a facility.
Interdiction 6 points _______ Inability to care for person 6 points _______ Least restrictive manner 6 points _______
Spendthrift not grounds 6 points _______ Discussion of procedure 6 points _______
B. A male client tells you, "My wife beats me, and I'm afraid she is going to get drunk and violent again this weekend."
Temporary restraining orders 6 points _______
C. Your client's custody case is coming up for trial in four weeks, and you want to give your client a suggestion as to something she or he can do to help you prepare for trial.
Photo album 6 points _______ Any other good suggestion 6 points _______
D. Another of your clients is being sued for filiation (paternity), and you are preparing responsive pleadings. He feels he may not be the father. What should you do?
Blood test 6 points _______
E. Yet another client, a divorced mother with custody, wishes to sue Fun and Games Amusement Park for an injury her child sustained while riding on the Wild Mouse. What must you do in addition to preparing and filing a timely petition against the operator of the amusement park?
Tutorship necessary 6 points _______ Prior to hearing on dilatory exceptions 6 points _______
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