Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.
Authority
Am. Samoa Code Ann. §§42.0202, .0204–.0208, reproduced by the American Samoa Bar Association. P.L.24-11 added irreconcilable differences in 1996. The Secretary’s official index lists approval on June 7, 1996; the official scan includes Governor letters dated March 20, 1996 stating that S.B.24-30 was signed into law that day. The act’s printed approval block is blank; the discrepancy and precise effective date remain unresolved.
Grounds without a misconduct showing
Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.
Other grounds and proof conditions
4: adultery, habitual cruelty or ill usage, desertion for six months or more, sentence to imprisonment for ten years or more or for life
Separation
"voluntary continuous separation for a period of 5 years or more," § 42.0202(5)
Timing
No fixed filing-to-decree minimum appears in §§ 42.0204–42.0208. Section 42.0206 requires proof and specifies defenses and exceptions, so availability of the ground is not a promise of automatic judgment.
Relief without dissolution
Yes, "a decree of judicial separation" on the same grounds, §§ 42.0202, 42.0204, 42.0208
No relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.
Authority
None found (A.S.C.A. 42.0210 general)
Court test
no relocation-specific rule found
Burden classification
no allocation found
Notice classification
no
Trigger classification
no relocation-specific trigger identified
Effect of silence
No deemed-consent procedure identified in § 42.0210 or the named custody decisions
What the court weighs
General custody standard only, not relocation: Tapeni v. Tapeni, 6 Am. Samoa 3d 81, 84-86 (App. Div. 2002): best interest of the child is the cornerstone. Between natural parents no presumption arises. Fit parents hold a rebuttable presumption against third parties. Tapeni says §42.0210 may be broadly interpreted as supporting a best-interest test (children there were living off-island in Hawaii with relatives, but relocation was not the issue). L.F. v. D.F. (2005) applies Tapeni. Cox v. Paslov, 5 Am. Samoa 3d 150 (Trial Div. July 17, 2001), quotes an older Trial Division tender-years statement (Stevens v. Stevens, 21 A.S.R.2d 76 (1992)). The Tapeni opinion states that natural parents start on equal footing; it does not discuss Stevens or expressly resolve the older tender-years statement. No relocation-specific rule identified.
Who carries the burden
None found.
Notice and safety exceptions
None found.
Which moves trigger the rule
None found.
Objections and the effect of silence
None found.
The modification threshold
None found on relocation. Cox v. Paslov (child present in American Samoa, Montana decree) modified a foreign decree on an emergency and best-interest basis. UCCJEA/PKPA jurisdiction is out of scope. The court there said American Samoa lacked a UCCJA statute.
Other qualifications
None stated.
Important qualification
No relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.
Burden summary
No allocation found
Notice summary
No separate relocation notice rule found; consent or court permission may still be required