QUESTION I

128 points

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 _______

QUESTION II

66 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 _______