kulko california superior argued march decided may appellant appellee new york domiciliaries married california appellant stopover en route overseas military duty marriage appellee returned new york appellant following tour duty stopover california son daughter born new york family resided together march appellant appellee separated appellee moved california separation agreement executed parties new york children remain appellant father school year specified vacations appellee mother appellant agreed pay per year child support periods children custody appellee obtaining divorce haiti incorporated terms separation agreement returned california december daughter request father consent joined mother california remained school year spending vacations father appellee without appellant consent arranged son join california two years later appellee brought action appellant california establish haitian divorce decree california judgment modify judgment award full custody children increase appellant obligations appellant resisting claim increased support appeared specially claiming lacked sufficient minimum contacts state international shoe washington warrant state assertion personal jurisdiction california upholding determinations adverse appellant concluded nonresident defendant caused effect state act omission outside state personal jurisdiction defendant arising effect may exercised whenever reasonable exercise reasonable appellant purposely availed benefits protections california sending daughter live mother fair reasonable defendant subject personal jurisdiction support children held exercise personam jurisdiction california courts appellant new york domiciliary violate due process clause fourteenth amendment mere act sending child california live mother connotes intent obtain expectancy receiving corresponding benefit state make fair assertion state judicial jurisdiction appellant pp defendant bound judgment must certain minimum contacts forum state maintenance suit offend traditional notions fair play substantial justice international shoe washington supra quoting milliken meyer acquiescence appellant daughter desire live mother california enough confer jurisdiction appellant california courts see shaffer heitner exercise personam jurisdiction appellant warranted financial benefit appellant derived daughter presence california nine months year since diminution appellant household costs resulted child presence california absence appellant home appellee failure seek increase support payments new york pp effects rule california courts applied intended reach wrongful activity outside forum state causing injury within state application unreasonable claim appellant visited physical injury either property persons california cause action arises appellant personal domestic relations controversy arises separation occurred new york modification sought contract negotiated signed new york virtually connection forum state unreasonable california assert personal jurisdiction appellant pp since appellant remained state marital domicile acquiesce stated preference daughter live mother california basic considerations fairness point decisively appellant state domicile proper forum adjudicating case whatever merits appellee underlying claim pp california legitimate interest ensuring support children residing california without unduly disrupting children lives already served state participation uniform reciprocal enforcement support act permits california resident claiming support nonresident file petition california merits adjudicated state alleged obligor residence without either party leave state new york signatory similar statute statutes appear provide appellee means vindicate claimed right additional child support appellant collection support payments found owed appellant pp marshall delivered opinion burger stewart blackmun rehnquist stevens joined brennan filed dissenting opinion white powell joined post lawrence stotter argued cause appellant brief edward schaeffer suzie thorn argued cause appellee brief james sutherland justice marshall delivered opinion issue us whether action child support california state courts may exercise personam jurisdiction nonresident nondomiciliary parent minor children domiciled within state reasons set forth hold exercise jurisdiction violate due process clause fourteenth amendment appellant ezra kulko married appellee sharon kulko horn appellant stopover california en route military base texas tour duty korea time marriage parties domiciled residents new york state immediately following marriage sharon kulko returned new york appellant tour duty first child darwin born kulkos new york year later second child ilsa born also new york kulkos two children resided together family new york city continuously march kulkos separated following separation sharon kulko moved san francisco cal written separation agreement drawn new york september sharon kulko flew new york city order sign agreement agreement provided inter alia children remain father school year spend christmas easter summer vacations mother sharon kulko waived claim support maintenance ezra kulko agreed pay wife per year child support periods children care custody control immediately execution separation agreement sharon kulko flew haiti procured divorce divorce decree incorporated terms agreement returned california remarried took name horn children resided appellant school year mother vacations provided separation agreement december time ilsa leave new york spend christmas vacation mother told father wanted remain california vacation appellant bought daughter plane ticket ilsa left taking clothing ilsa commenced living california mother school year spending vacations father january appellant child darwin called mother new york advised wanted live california unbeknownst appellant appellee horn sent plane ticket son used fly california took residence mother sister less one month darwin arrival california appellee horn commenced action appellant california superior sought establish haitian divorce decree california judgment modify judgment award full custody children increase appellant obligations appellant appeared specially moved quash service summons ground resident california lacked sufficient minimum contacts state international shoe washington warrant state assertion personal jurisdiction trial summarily denied motion quash appellant sought review california appeal petition writ mandate appellant contest jurisdiction purposes custody determination respect claim increased support renewed argument california courts lacked personal jurisdiction appellate affirmed denial appellant motion quash reasoning consenting children living california appellant caused effect th state warranting exercise jurisdiction cal rptr california granted appellant petition review decision sustained rulings lower state courts cal noted first california code civil procedure demonstrated intent courts california utilize bases personam jurisdiction inconsistent constitution agreeing stated nonresident defendant caused effect state act omission outside state personal jurisdiction defendant causes arising effect may exercised whenever reasonable went hold exercise reasonable case appellant purposely availed benefits protections laws california sending ilsa live mother california noting appellant respect child darwin caused effect california since appellee horn arranged darwin fly california january concluded fair reasonable defendant subject personal jurisdiction support children committed acts respect one child confers sic personal jurisdiction consented permanent residence child california view two dissenting justices permitting minor child move california regarded purposeful act appellant invoked benefits protection state law since appellant state california two brief occasions many years military stopovers lacked contact state dissenting opinion argued appellant reasonably subjected personam jurisdiction california state courts ezra kulko appeal probable jurisdiction postponed concluded jurisdiction appeal lie treating papers petition writ certiorari hereby grant petition reverse judgment ii due process clause fourteenth amendment operates limitation jurisdiction state courts enter judgments affecting rights interests nonresident defendants see shaffer heitner long rule valid judgment imposing personal obligation duty favor plaintiff may entered jurisdiction person defendant pennoyer neff international shoe washington existence personal jurisdiction turn depends upon presence reasonable notice defendant action brought mullane central hanover trust sufficient connection defendant forum state make fair require defense action forum milliken meyer case appellant dispute adequacy notice received contends connection state california attenuated standards implicit due process clause constitution justify imposing upon burden inconvenience defense california parties agreement constitutional standard determining whether state may enter binding judgment appellant set forth opinion international shoe washington supra defendant certain minimum contacts forum state maintenance suit offend traditional notions fair play substantial justice quoting milliken meyer supra interests forum state plaintiff proceeding cause plaintiff forum choice course considered see mcgee international life ins essential criterion cases whether quality nature defendant activity reasonable fair require conduct defense state international shoe washington supra accord shaffer heitner supra perkins benguet mining like standard requires determination reasonableness minimum contacts test international shoe susceptible mechanical application rather facts case must weighed determine whether requisite affiliating circumstances present hanson denckla recognize determination one answers written black white greys dominant even among shades innumerable estin estin believe california application test case represents unwarranted extension international shoe sustained sanction result neither fair reasonable reaching result california rely appellant glancing presence state years events led controversy appellant california two occasions military stopover way korea see supra stopover return korean service hold temporary visits state basis assertion personam jurisdiction unrelated actions arising future make mockery limitations state jurisdiction imposed fourteenth amendment california rely fact appellant actually married california one two brief visits agree two new york domiciliaries reasons convenience marry state california thereafter spend entire married life new york fact california marriage support california exercise jurisdiction spouse remains new york resident action relating child support finally holding personal jurisdiction existed carefully disclaimed reliance fact appellant agreed time separation allow children live mother three months year sent california year pursuant agreement noted cal find personal jurisdiction state basis merely mother residing discourage parents entering reasonable visitation agreements moreover arbitrarily subject one parent suit state union parent chose spend time custody offspring pursuant separation agreement emphasized unilateral activity claim relationship nonresident defendant satisfy requirement contact forum state essential case act defendant purposefully avails self privilege conducting activities within forum state hanson denckla supra agree assertion exercise personam jurisdiction warranted financial benefit appellant derived daughter presence california nine months year cal argument rests premise appellant liability support payments remained unchanged yearly expenses supporting child new york decreased circumstance even true support california assertion jurisdiction diminution appellant household costs resulted child presence california rather absence appellant home moreover action appellee horn increase support payments brought brought ilsa first moved california state new york new york clearly personal jurisdiction appellant judgment entered new york increasing appellant obligations properly enforced new york california ultimate financial advantage appellant thus results child presence california appellee failure earlier seek increase payments separation agreement argument contrary view confuses question appellant liability proper forum determine liability light conclusion appellant purposefully derive benefit activities relating state california apparent california reliance appellant caused effect california misplaced see supra effects test derived american law institute restatement second conflict laws provides state power exercise judicial jurisdiction individual causes effects state act done elsewhere respect cause action arising effects unless nature effects individual relationship state make exercise jurisdiction unreasonable circumstances case clearly render unreasonable california assertion personal jurisdiction claim appellant visited physical injury either property persons within state california cf hess pawloski cause action herein asserted arises defendant commercial transactions interstate commerce rather personal domestic relations thus said appellant sought commercial benefit solicitation business resident california reasonably render liable suit state appellant activities fairly analogized insurer sending insurance contract premium notices state insured resident state cf mcgee international life insurance furthermore controversy parties arises separation occurred state new york appellee horn seeks modification contract negotiated new york flew new york sign hanson denckla instant action involves agreement entered virtually connection forum state see also supra finally basic considerations fairness point decisively favor appellant state domicile proper forum adjudication case whatever merits appellee underlying claim appellant remained state marital domicile whereas appellee moved across continent cf may anderson appellant times resided new york state separation appellee move california entire family resided well noted appellant acquiesce stated preference one children live mother california single act surely one reasonable parent expect result substantial financial burden personal strain litigating suit forum miles away therefore see basis said appellant reasonably anticipated haled california shaffer heitner make jurisdiction case turn whether appellant bought daughter ticket instead unsuccessfully sought prevent departure impose unreasonable burden family relations one wholly unjustified quality nature appellant activities relating state california international shoe washington iii seeking justify burden imposed appellant exercise personam jurisdiction california sustained appellee argues california substantial interests protecting welfare minor residents promoting fullest extent possible healthy supportive family environment children state raised interests unquestionably important presence children one parent california arguably might favor application california law lawsuit new york fact california may center gravity purposes mean california personal jurisdiction defendant hanson denckla supra california attempted assert particularized interest trying cases courts enacting special jurisdictional statute cf mcgee international life ins supra california legitimate interest ensuring support children resident california without unduly disrupting children lives moreover already served state participation revised uniform reciprocal enforcement support act statute provides mechanism communication systems different order facilitate procurement enforcement decrees dependent children reside state obtain personal jurisdiction defendant california version act essentially permits california resident claiming support nonresident file petition california merits adjudicated state alleged obligor residence without either party leave state cal civ proc code ann et seq west supp new york state signatory similar act thus may vindicate claimed right additional child support former husband new york see supra also uniform acts facilitate prosecution claim additional support collection support payments found owed appellant disputed california substantial interests protecting resident children facilitating actions behalf children interests simply make california fair forum shaffer heitner supra require appellant derives personal commercial benefit child presence california lacks relevant contact state either defend suit suffer liability default iv therefore believe state courts instant case failed heed admonition flexible standard international shoe heral eventual demise restrictions personal jurisdiction state courts hanson denckla mcgee international life ins commented extension personam jurisdiction evolving standards due process explaining trend large part attributable increasing nationalization commerce accompanied modern transportation communication made much less burdensome party sued defend state engages economic activity mere act sending child california live mother commercial act connotes intent obtain expectancy receiving corresponding benefit state make fair assertion state judicial jurisdiction accordingly conclude appellant motion quash service ground lack personal jurisdiction erroneously denied california courts judgment california therefore reversed footnotes appellee horn complaint also sought order restraining appellant removing children state trial immediately granted appellee temporary custody children restrained appellant removing children state california see cal record reflect whether appellant still enjoined removing children state section cal civ proc code ann west provides state may exercise jurisdiction basis inconsistent constitution state true hanson denckla may anderson case improperly brought appeal since state statute drawn question ground repugnant constitution treaties laws jurisdictional statute construed california provides state jurisdiction broad constitution permits see supra appellant argue statute unconstitutional instead argued due process clause fourteenth amendment precluded exercise personam jurisdiction opinion purport determine constitutionality california jurisdictional statute rather question decided whether constitution permit assertion jurisdiction appellant requested event appellate jurisdiction found lacking papers acted upon petition certiorari pursuant follow practice hanson may deeming papers petition writ certiorari hanson may moreover shall continue refer parties herein appellant appellee minimize confusion see california decision appellant sought continuance proceedings pending disposition appeal appellant request continuance denied trial subsequently determined appellant arrears payments app brief appellant light change custody arrangements also ordered appellant obligations increased substantially ibid appellee horn argues appellant request continuance amounted general appearance waiver jurisdictional objections accordingly longer live controversy jurisdictional issue us appellee argument concerning jurisdictional effect motion continuance however find support california statutes rules cases cites moreover state trial expressly determined subsequent request continuance appellant made special appearance contest jurisdiction circumstances appellant challenge state personam jurisdiction moot although separation agreement stated appellee horn resided california provided payments mailed california address also specifically contemplated appellee might move different state agreement directed appellant mail support payments appellee san francisco address address wife may designate time time writing app stated presence california appellant daughter gave appellant benefit california police fire protection school system hospital services recreational facilities libraries museums cal circumstances presented services provided state essentially benefits child father event benefits appellant purposefully sought separation agreement appellant bound indemnify hold wife harmless attorney fees costs expenses may incur reason default appellant performance obligations required performed pursuant terms conditions agreement app extent appellee horn seeks arrearages see supra litigation expenses presumably including additional costs incurred result prosecute action new york thus borne appellant final judgment entered new york jurisdiction defendant person subject matter lawsuit entitled full faith credit state see new york ex rel halvey halvey see also sosna iowa may well matter state law appellee horn still obtain new york proceedings additional payments appellant ilsa support january de facto modification custody provisions separation agreement took place present see clark domestic relations cf santa clara county hughes misc section restatement effectively incorporated california law see judicial council comment cal civ proc code ann west see also developments law jurisdiction harv rev addition california signatories act supp act obligee may file petition state initiating obtain support finds petition sets forth facts may determined obligor owes duty support responding state may obtain jurisdiction obligor property may send copy petition responding state effect requesting responding state obtain jurisdiction obligor jurisdiction obtained hearing set responding state obligor may chooses contest claim claim may litigated deposition testimony submitted initiating initiating spouse party responding state finds obligor owes duty support pursuant laws state present time support sought judgment petitioner entered money collected spouse responding state sent initiating state distribution initiating party signatory uniform reciprocal enforcement support act new york party uniform reciprocal enforcement support act amended dom rel law et seq mckinney uniform support dependents law act substantial equivalent enacted organized territories district columbia procedure act obtaining enforcing support obligations owed spouse one state spouse another similar provided act see supra see generally note cornell landes landes appeal dismissed upheld support decree entered divorced husband living new york petition filed former wife california pursuant uniform act prior support agreement decree existed parties california spouse sought support new york husband couple minor child residing mother california new york appeals concluded procedures followed filing petition california followed certification new york family obtaining jurisdiction husband hearing new york merits petition entry award proper laws constitutional constitutionality procedures also upheld jurisdictions see watson dreadin dc cert denied state ex rel terry terry harmon harmon cal app cal rptr appeal dismissed cert denied thus concluded mcgee international life insurance respect actions insurance contracts resident plaintiffs severe disadvantage personam jurisdiction defendants sometimes unavailable justice brennan justice white justice powell join dissenting properly treats case presenting single narrow question question whether california correctly weighed facts ante particular case applying settled constitutional standard state courts may exercise personam jurisdiction nonresident nondomiciliary parent minor children domiciled state must appear nonresident certain minimum contacts forum state maintenance suit offend traditional notions fair play substantial justice international shoe washington recognizes determination one answers written black white ante say determination personam jurisdiction implausible though issue close independent weighing facts leads conclude agreement analysis determination california appellant connection state california attenuated standards reasonableness fairness implicit due process clause require conduct defense california courts therefore dissent