The case of Toland v. Futagi , Mr. Toland wants to have full Custody of his daughter who is currently in the custody of her grandmother in Japan. Part of the issue here is who has actual jurisdiction over this case. The child has lived in Japan her entire life. The court dismissed the original case after deciding because the child had never lived in Maryland they had no actual jurisdiction. After being denied custody Mr. Toland appealed on the grounds that his right to due process was being taken away, and that the Maryland Uniform Child Custody Jurisdiction and Enforcement Act were not applied correctly.
The court after careful consideration upheld the original decision to dismiss the case as they found that (1) the Japanese guardianship decree did not constitute a violation of Toland's due process rights; and (2) Japan was the home state of Erika under the Act because Erika had lived exclusively in Japan for her entire life. The Court of Appeals affirmed, holding (1) the circuit court's dismissal of Toland's complaint did not violate his due process rights, as they were not implicated by the Japanese decree; and (2) the circuit court properly applied the Act to conclude that it should not exercise jurisdiction over Toland's complaint to establish custody, as the child had no connection with Maryland, and Japan had not declined custody jurisdiction.
Labels/Tags: Toland v. Futagi, Maryland Uniform Child Custody Act, Enforcement Act, Japan
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