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Dana Waters v. David Hughes

IFP petition · Supreme Court of North Dakota, No. 20250364 · judgment February 5, 2026


Pending

Question presented

I. Whether a state court may exercise child custody jurisdiction consistent with the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, after determining that no state qualifies as the child’s home state, where another state had previously asserted jurisdiction in a proceeding of which the opposing party had notice. II. Whether the Fourteenth Amendment Due Process Clause permits a court to conclusively determine jurisdiction before valid service of process and to preclude a party from meaningfully challenging that determination after service is completed.

Counsel of record

For petitioner
Dana Waters

For respondent
David Hughes

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 06 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 23 2026
    Waiver of right of respondent David Hughes to respond filed.
  3. Apr 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2026)