Case Brief
International Shoe Co. v. Washington, 326 US 310
The United States Supreme Court held thus: “But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.”
The minor’s father does not reside in South Carolina. He lives in Maryland. Since the minor and his mother relocated to South Carolina, the minor’s father has visited him 4 times. On all occasions, the minor’s father did not have any other business in South Carolina. All visits were purposely to visit the minor child. The visits amount to minimal contact. The visits by the minor’s father were usually to celebrate special moments, for instance, visits on Christmas and on the minor’s birthday.
Lehr v Robertson, 463 US 248
The United States Supreme Court also held that: “When an unwed father demonstrates a full commitment to the responsibilities of parenthood by “com[ing] forward to participate in the rearing of his child,” his interest in personal contact with his child acquires substantial protection under the Due Process Clause. At that point it may be said that he “act[s] as a father toward his children.”
The minor’s father has sent money to the minor’s mother as payment for meals for the minor’s private school. This amounts to participation in the rearing of the minor. The minor’s father’s interest in personal contact with the minor acquires substantial protection under the Due Process clause. Due process requires only that in order to subject the minor’s father to a judgment in personam, if he be not present within South Carolina, he have certain minimal contacts with the minor.
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