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Case Citations [1] (July 2021 - April 2022)

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         PRINCIPLES OF THE LAW OF FAMILY

               DISSOLUTION: ANALYSIS AND

                        RECOMMENDATIONS



       CHAPTER 2.   THE  ALLOCATION OF CUSTODIAL AND DECISIONMAKING
                           RESPONSIBILITY FOR CHILDREN

                               TOPIC  2. PARENTING   PLAN

§ 2.09 Allocation of Significant Decisionmaking Responsibility

C.A.9, 2021. Rptr's Note quot. in sup. Representative of a class of unaccompanied noncitizen minors,
who had obtained a settlement enjoining the Department of Homeland Security from detaining such
minors in hotels for more than three days in the process of expelling them from the United States, filed a
motion to enforce the settlement with regard to minors held pursuant to an order issued by the Surgeon
General to prevent the spread of a pandemic disease. After the district court granted the motion, this
court affirmed, holding that the district court did not err in concluding that the minors were in the
Department's custody for purposes of the settlement. The court reasoned that, under the Principles of the
Law of Family Dissolution § 2.09, legal custody of a child meant the right to participate in important
decisions affecting the child, and that the Department clearly exercised decision-making authority over
the minors it held in hotels under the order. Flores v. Garland, 3. F.4th 1145, 1155.


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