Memorandum of Points Custom Essay

Prepare an argument in support of the exercise of home state jurisdiction. You work for a small law firm in

Baltimore, Maryland. The firm has a new client, Frank Jones, who is involved in an interstate child custody

dispute. Your supervising attorney has explained that she needs your help to prepare a memorandum of points

and authorities in support of Maryland’s exercise of home state jurisdiction.
Facts
You work for a small law firm in Baltimore, Maryland. The firm has a new client, Frank Jones, who is involved

in an interstate child custody dispute with his wife, Margaret, over their child, Charlie.
Frank, Margaret, and Charlie have lived most of their lives in Illinois. In the summer of 2013, the family

moved to Maryland for Frank to take a new job. Although Frank loves his job, Margaret has been unhappy and

worried about Charlie’s health.
In February, Margaret decided not to return to Maryland from an Illinois vacation. Margaret has filed for

custody of Charlie in Illinois. Frank has filed for custody in Maryland. The judges involved have briefly

conferred, and the Maryland judge has asked for “briefs” on the jurisdiction issue.
Your supervising attorney explained that she will need to prepare a memorandum of points and authorities in

support of Maryland’s exercise of jurisdiction in the case. The first argument will be that Maryland has home

state jurisdiction and thus Illinois has no authority to hear the custody case.
Your supervisor has asked to you draft an argument on point 1, that Maryland should exercise jurisdiction in

this case based on these notes/facts obtained during an interview with Frank Jones.
Interview Notes
Client/Father – Frank Johnson Jones. Born on December 10th, 1978.
Opposing Party/Mother – Margaret Jane Jones. Her maiden name was Williams. Her birthday is February 12th,

1979. Parties married on June 7th, 2003.
Child – “Charlie.” Born on June 1st, 2010 in Illinois.
Client currently lives at 456 Southern Street in Baltimore, Maryland. Moved in on August 1st, 2013 with

Margaret and Charlie. Prior to move, parties lived in Bloomington, Illinois. Extended families live in

Illinois.
Client works at the ABC School. Job is fulltime with benefits. $85,000/year. Family moved to Maryland for

client’s job, which is the primary source of income for the family. Margaret misses Illinois, and she has been

frustrated because she can’t find work. She also thinks that the climate here has caused Charlie to develop

asthma. Charlie was hospitalized in November because of breathing problems, but he had been sick back in

Illinois, too.
On February 6, 2014. Margaret and Charlie went to Illinois for a vacation. They were supposed to return on

Wednesday the 12th, but instead Margaret informed client that she’d decided to stay in Illinois indefinitely.
Client says he has no concerns about child’s safety and denies any history of child abuse or domestic

violence.
Margaret filed for custody in Illinois (pro se) on February 18, 2014. Client filed pro se in Maryland on

February 24, 2014.
Part A
1. Locate and cite, in Bluebook format, the specific statute that defines “home state” in the version of the

Uniform Child Custody Jurisdiction and Enforcement Act in the Family Law Article of the Maryland Code. You do

not need to write your answer in a complete sentence; the correct, precise, complete citation in Bluebook

format is enough.
2. Locate and cite, in Bluebook format, the specific statute that describes defines when a court has

jurisdiction in the version of the Uniform Child Custody Jurisdiction and Enforcement Act in the Maryland

Code. You do not need to write your answer in a complete sentence; the correct, precise, complete citation in

Bluebook format is enough.
3. How long did Charlie live in Maryland? Clearly state your answer and explain how you made this

determination. Write your answer using complete sentences.
Part B
Prepare a summary of the facts of this case for your supervisor to use in her memorandum to the trial court.

This summary should be written in one to three paragraphs. The summary should include the legally significant

facts of the case and provide enough background information so the reader can understand the case.
Part C
Using your own words and writing in complete sentences, please write an argument in support of the point that

under Maryland’s version of the UCCJEA, Maryland can and should exercise home state jurisdiction in this case.

Your argument should describe and cite the law that you’ve relied on and apply that law to the facts of the

case.