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Thread: Glanzner v. State

  1. #1
    chrisrs
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    Default Glanzner v. State

    Glanzner v. State,
    835 S.W.2d 386 (Mo. 1992).


    Facts: Mrs. Glanzner (P) filed a divorce action, and sought custody of their child, against Mr. Glanzner (D) in California, 51 days after moving from Missouri, where they both had lived for approximately nine months before (P) and their child moved to California. D filed a divorce action, also seeking custody, in Missouri after P and the child had gone to California. Eventually, both jurisdictions entered judgments dissolving the marriage and granting the child's custody to the plaintiff in each case and visitation to the defendant.


    Issue:Whether Defendant violated provisions of Title III of the Omnibus Crime Control and Safe Streets Acts which prohibited the interception of wire communication?

    Rule: Glazner rule would further the purpose and operation of Title III and would not retard its operation or purpose.

    Holding:Division of Child Support Enforcement appealed from an order of the Circuit Court finding that California court lacked jurisdiction to enter custody and support award. The Court of Appeals,held that: (1) under Parental Kidnapping Prevention Act (PKPA), California custody decree was not entitled to enforcement in Missouri, and (2) ex-husband waived any right he had under California law to claim that jurisdiction had not been obtained with respect to spousal support award.

    Analysis: The court denied the mother's request for a writ of habeas corpus for enforcement of a California child custody decree and quashed its temporary custody order. The court upheld the Missouri decree granting custody to the father. The court also affirmed the reversal of the Department's child support award, and it reversed the reversal of the Department's order that had directed the father to pay spousal support arrearages.
    Last edited by chrisrs; 11-05-2011 at 10:53 PM.

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