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| Foster v. Wolkowitz ： ウィキペディア英語版 |
Foster v. Wolkowitz
Foster v Wolkowitz is a case centered on the interpretation of the Uniform Child Custody Jurisdiction And Enforcement Act (the "UCCJEA"), and as such, it is one of the few such cases to reach any of the highest courts in any state in the United States. The Michigan Supreme Court on December 16, 2009, granted leave to appeal in Foster v. Wolkowitz, Case No. 139872. On appeal, the Court ordered the parties to address (1) whether the Court of Appeals erred in relying on the (Michigan Acknowledgment of Parentage Act ) (“MAPA”), MCL § 722.1001, et seq., rather than the UCCJEA, MCL § 722.1101, et seq., to determine that the Monroe Circuit Court had jurisdiction over this child custody dispute; (2) whether, if the Court of Appeals correctly relied on the MAPA, the statute violates the Equal Protection Clauses of the Michigan and United States Constitutions by creating a suspect class of unmarried fathers who are treated differently from married fathers; and (3) if Illinois is the “home state” of the child under the UCCJEA and therefore properly has jurisdiction over this dispute, whether Michigan is nonetheless a more convenient forum for resolution of this case.
==Securing a Grant of Leave to Appeal==
Once the (Michigan Court of Appeals ) publishes a decision on case, a party to the case may ask the (Michigan Supreme Court ) to hear the case. The party wishing to appeal to the Michigan Supreme Court, the highest court in Michigan, does not have an absolute right to appeal, but must file an Application for Leave to Appeal (the "Application"). Upon reviewing the Application, the Court may grant leave to appeal, which means it will hear the case. If it denies leave appeal, then it will not hear the case and the lower appellate ruling will remain in effect.
In Foster v Wolkowitz, the defendant filed an Application for Leave to Appeal, and the Court issued an (order ) granting leave to appeal.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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