Family Law

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  • Expats with Children: Top Tips from an International Family Lawyer

    International Family Law
    27 Aug 2015 | 9:01 am
    By Jeremy D. Morley*I have worked for many years counseling international parents around the world about their international child custody issues.Here are some of my "international family lawyer's best tips" for clients with children who may move overseas. This article does not deal with financial issues except as they may relate to children issues.1. Before you move overseas, you absolutely must realize, understand and fully evaluate the fact that if you are in a new country with a child you may find yourself trapped there if the other parent refuses to let you take the child home. Under the…
  • Parental Alienation in the News

    The Stevens Firm, P.A.
    Jenny Stevens
    27 Aug 2015 | 5:30 am
    A recent divorce case in Michigan involving children who were sent to juvenile detention for refusing to spend time with their father has made headlines across the country and the world. We have written previously about this case, which you can read here. Since the last reports surfaced about the case, the judge released the children from detention, sending them to a sleep-away camp, which will recently came to an end. Now sources close to the case say that the judge may order the family to engage in intensive therapy designed to address what many see as a clear example of parental…
  • James R Emerson Family Law Blog on Lawyers.com - Lawyers.com Blog (blog)

    family law news - Google News
    28 Aug 2015 | 7:19 am
    James R Emerson Family Law Blog on Lawyers.comLawyers.com Blog (blog)Ashely Madison data breach has exposed the names and email addresses of 30 million of people. Pittsburg TV Station WTAE is reporting that the breach has already led to divorce filings. Just before the data was made public, it was reported that
  • Florida Woman Charged with Stalking Ex and His New Girlfriend By Text Messages

    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr
    Janet Langjahr
    15 Aug 2015 | 8:07 pm
    Boyfriend and Girlfriend date, get engaged and then break up. Boyfriend becomes involved with a new Woman. Girlfriend reportedly bombards both Boyfriend and Girlfriend with text messages. Hundreds of them. From different numbers. For over a year. Boyfriend and Woman requested that she stop texting them. Eventually, Girlfriends allegedly texts them that she is looking for an unregistered gun. At which point the situation was perceived to be a police matter and Girlfriend was arrested on stalking charges. Girlfriend was released on bail but a no-contact order was entered. Read more in this…
  • Mexico Adoption-For-Cash Scheme Took Babies From Mothers

    Family Law Prof Blog
    Family Law
    30 Aug 2015 | 6:00 am
    From CBS News: A child welfare official in northern Mexico took at least nine babies from poor or drug-addicted mothers and offered them to adoptive parents in exchange for payments ranging from $5,000 to $9,000, authorities said Friday. Raul Ramirez,...
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    The Stevens Firm, P.A.

  • Parental Alienation in the News

    Jenny Stevens
    27 Aug 2015 | 5:30 am
    A recent divorce case in Michigan involving children who were sent to juvenile detention for refusing to spend time with their father has made headlines across the country and the world. We have written previously about this case, which you can read here. Since the last reports surfaced about the case, the judge released the children from detention, sending them to a sleep-away camp, which will recently came to an end. Now sources close to the case say that the judge may order the family to engage in intensive therapy designed to address what many see as a clear example of parental…
  • August 2015 – Helpful Family Law Insights

    Ben Stevens
    26 Aug 2015 | 3:00 pm
    Our August 2015 newsletter, Helpful Family Law Insights, was published today. This month’s featured article was Three Steps to Prepare for a Difficult Conversation. Read that and the other articles in this edition by clicking the image below. Sign up to receive future editions by clicking here. The post August 2015 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • How Creating a Household Inventory Can Help During a South Carolina Divorce

    Jenny Stevens
    25 Aug 2015 | 5:30 am
    Whether you are just considering divorce or if you are in the early stages of a South Carolina divorce, the good news is that you can take steps to ensure the process goes smoothly later on. One good way to do that is to create a “household inventory” or a list of all household items of value before the divorce is fully underway. To find out more about how to create one and why it can be helpful, keep reading. Why create an inventory? Creating a household inventory might seem silly; after all, you’ve both lived with the items for years, or even decades, and you likely already know what…
  • What Happens Between Stepparents and Stepchildren After a South Carolina Divorce?

    Jenny Stevens
    24 Aug 2015 | 5:30 am
    In any divorce, custody and visitation rights are always of crucial importance for the parents who are involved. Parents are understandably eager to remain actively involved in the lives of their kids and regular visitation, or “parenting time”, schedules is one way to ensure that happens. But what happens when couples divorce in second marriages, and stepchildren are involved? A new study tackled this very subject and found some interesting answers. The study was conducted by the University of Missouri College of Human Environmental Sciences. It set out to study what happens when couples…
  • Can You Enforce Child Support Out of State?

    Ben Stevens
    20 Aug 2015 | 5:30 am
    Given the already complicated nature of child custody cases and child support orders, many parents worry that a move out of state could prevent them from collecting child support from a noncustodial parent. Is this legitimate concern? Can you enforce child support out of state? The short answer is absolutely yes. Though this may not always be easy (sometimes you’ll have to spend time locating the payor), laws have been written to make sure that simply relocating will not excuse a parent from his or her child support obligations. Child support orders have the full force of law when signed…
 
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    family law news - Google News

  • James R Emerson Family Law Blog on Lawyers.com - Lawyers.com Blog (blog)

    28 Aug 2015 | 7:19 am
    James R Emerson Family Law Blog on Lawyers.comLawyers.com Blog (blog)Ashely Madison data breach has exposed the names and email addresses of 30 million of people. Pittsburg TV Station WTAE is reporting that the breach has already led to divorce filings. Just before the data was made public, it was reported that
  • A day in the life of ... Wendy Ramus (Family law executive) - Family Law (registration)

    27 Aug 2015 | 4:46 am
    A day in the life of ... Wendy Ramus (Family law executive)Family Law (registration)I am a family law executive in the Children's Department at Dawson Cornwell. I have a large caseload and represent clients in cases involving child abduction, wardship, domestic violence, forced marriage, child arrangement orders, special guardianship ...
  • Kirk Stange to Speak at Family Law Practice for Paralegals presented by ... - STLtoday.com

    26 Aug 2015 | 6:18 pm
    Kirk Stange to Speak at Family Law Practice for Paralegals presented by STLtoday.comStange Law Firm, PC is pleased to announce that founding partner, Kirk C. Stange, will be presenting at the Family Law Practice for Paralegals. The seminar will be held in St. Louis, Missouri on Friday September 18, 2015. Mr. Stange will be hosting a
  • Family Law -- Date of Separation and Earnings of Spouses - KALW

    26 Aug 2015 | 5:02 pm
    Family Law -- Date of Separation and Earnings of SpousesKALWprogram audio. Family Law -- Recent California Supreme Court Decision Regarding Date of Separation and Earnings of Spouses. Guest: B J Fadem, a Specialist in Family Law who is Certified by the California Board of Legal Specialization of the State Bar.
  • Family Law Lawyer Round Rock 254-526-4523 Corbin and Associates Lawyers - The Killeen Daily Herald

    26 Aug 2015 | 1:58 pm
    The Killeen Daily HeraldFamily Law Lawyer Round Rock 254-526-4523 Corbin and Associates LawyersThe Killeen Daily HeraldFrom personal injury representation to family law, probate & civil litigation and criminal defense our goal is to help Texas state's injured people secure their home, family and future. Contact us today to put our three decades of experience to work
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    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr

  • Florida Woman Charged with Stalking Ex and His New Girlfriend By Text Messages

    Janet Langjahr
    15 Aug 2015 | 8:07 pm
    Boyfriend and Girlfriend date, get engaged and then break up. Boyfriend becomes involved with a new Woman. Girlfriend reportedly bombards both Boyfriend and Girlfriend with text messages. Hundreds of them. From different numbers. For over a year. Boyfriend and Woman requested that she stop texting them. Eventually, Girlfriends allegedly texts them that she is looking for an unregistered gun. At which point the situation was perceived to be a police matter and Girlfriend was arrested on stalking charges. Girlfriend was released on bail but a no-contact order was entered. Read more in this…
  • Baby’s Decomposing Corpse Found in Crib in Home of Father Who Was Awarded Sole Custody of Baby

    Janet Langjahr
    14 Aug 2015 | 8:26 pm
    Ohio Husband and Wife have several children together, including Baby. Husband and Wife divorce late last year. Ohio Family Court awards Husband sole custody of Baby. Over the summer, a cable TV installer goes to Husband’s home and discovers Baby’s decomposing body in a crib … in a room filled with malodorous trash … reportedly intended to mask the odor of the corpse. It is believed that Baby died about a month earlier, but Husband never reported Baby’s death either to authorities or to family members. Another baby of Husband’s and Wife’s also died, in…
  • Celebrities’ Entire Divorce File Sealed From Beginning to End

    Janet Langjahr
    12 Aug 2015 | 8:09 pm
    Oklahoma Husband and Wife are reportedly country music celebrities. Husband and Wife decide to divorce. Desiring to keep maintain their privacy, they apparently ask the Oklahoman Family Court to keep their divorce confidential. And so the presiding judge, who happens to be from another county … and retiring imminently, decides to seal their divorce file. All of it. No exceptions. Whatsoever. Even the actual sealing order. Which is also supposedly mandated by law to be public. The judge reportedly believes that the contents of the celebrities’ divorce file are of a private nature.
  • Judge’s Toddler Dies Alone in Car on Very Hot Day

    Janet Langjahr
    10 Aug 2015 | 8:19 pm
    An eighteen month old Arkansas boy has died after being left alone in a car on a day when the outdoor air temperature reached almost 100 degrees. Although it is not entirely clear, there are reportedly some indications that the toddler was in the care of his father at the time. The youngster was the son of a Hot Springs juvenile dependency court judge, who presided over cases of alleged child abandonment, abuse or neglect. Due to the judge’s prior tenure as a county prosecutor, a special prosecutor from another county has been appointed to oversee law enforcement’s investigation…
  • Twelve Year Old Girl Allegedly Stabs Stepmother to Death and Father Superficially

    Janet Langjahr
    9 Aug 2015 | 8:28 pm
    Twelve year old Daughter lives with Father and Stepmother, as well as Stepmother’s daughter. By all accounts, they are a quiet, ordinary family, without any history of domestic strife calling for police intervention. Until one fateful evening, when Daughter and Stepmother get into an argument. Angry, Daughter starts a fire in her bedroom. When Stepmother tries to deal with the situation, Daughter allegedly stabs her … to death. When Father attempts to restrain Daughter, Daughter allegedly stabs him – once, less severely – as well, then flees. Police find and arrest Daughter the…
 
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    Family Law Prof Blog

  • Mexico Adoption-For-Cash Scheme Took Babies From Mothers

    Family Law
    30 Aug 2015 | 6:00 am
    From CBS News: A child welfare official in northern Mexico took at least nine babies from poor or drug-addicted mothers and offered them to adoptive parents in exchange for payments ranging from $5,000 to $9,000, authorities said Friday. Raul Ramirez,...
  • You Need To Tell Your Child's Teacher About Your Divorce

    Family Law
    29 Aug 2015 | 6:00 am
    From LA Times: The school year is just beginning, but grades are already in on parent-teacher communication: needs improvement. There’s a crucial disconnect between parents and teachers, both vital players in a child's growth and development, according to the results...
  • New Study Shines Light on What Dooms Marriages

    Family Law
    28 Aug 2015 | 6:00 am
    From CBS News: A new study shines a light on how romantic relationships end. Columbia University professor Heidi Grant Halvorson said for decades, researchers knew on average, women are more likely to initiate divorce, but data presented at the Annual...
  • How Your Spouse's Ashley Madison Account Can Impact Your Divorce

    Family Law
    27 Aug 2015 | 6:00 am
    From Forbes: Now that hackers leaked the email addresses of 37 million users of Ashley Madison, the dating service for married people in search of an affair, New York City divorce lawyer Morghan Richardson’s “phone lit up like a Christmas...
  • Infidelity in Ottawa

    Family Law
    26 Aug 2015 | 3:42 am
    From the BBC: Earlier this month, hackers broke into Ashley Madison, a dating site for married people who want to cheat on their spouses. "Life is short. Have an affair," reads the homepage. The hackers claim to have stolen the...
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    Missouri Divorce & Family Law Blog

  • Relocation approved, custody changed from joint custody to sole custody

    Kansas City Divorce Attorney Mark Wortman
    21 Aug 2015 | 11:34 am
    Recent case:  Relocation must be in good faith and in children’s best interests; sole custody award appropriate when parents cannot jointly make decisions. In a recent case from the Missouri Supreme Court, a mother sought to modify a judgment dissolving her marriage that had granted the parents joint legal and joint physical custody of their two children. The father appeals the circuit court’s judgment (1) approving the mother’s relocation to a different town and (2) modifying custody of the children from joint legal custody in favor of both parents to sole legal custody in favor of…
  • Conduct not to level of stalking to support protection order

    Kansas City Divorce Attorney Mark Wortman
    23 May 2015 | 8:13 am
    Recent Case:  Respondent’s conduct did not rise to the level of stalking to support an order of protection. Respondent appeals from the judgment of the trial court granting a full order of protection in favor of Petitioner.  Respondent argues the trial court erred in granting a full order of protection under Section 455.040 because Petitioner failed to prove by a preponderance of evidence that Respondent’s actions constituted “stalking” under Section 455.010(13). Holding:  Reversed Because of the potential stigma that may attach to an individual who is labeled a “stalker” under…
  • Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)

    Kansas City Divorce Attorney Mark Wortman
    4 May 2015 | 12:08 pm
    Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to terminate or modify maintenance. First, movant argues that the circuit court erred in denying his motion to terminate maintenance because his ex-wife remarried. Second, movant argues that the circuit court erred in denying his motion to modify maintenance because movant proved a substantial and continuing change in circumstances, while Respondent…
  • No spousal support (alimony) award that leaves paying spouse negative income

    Kansas City Divorce Attorney Mark Wortman
    27 Apr 2015 | 12:07 pm
    Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute Husband appeals from the trial Court’s judgment awarding $1,000 in monthly maintenance to his former spouse.  Husband asserts that the trial court abused its discretion in that the award exceeds his ability to pay. When determining the amount of maintenance, a trial court must balance the reasonable needs of the spouse seeking maintenance against the ability of the other spouse to pay. Here, the trial court acknowledged that…
  • Employer required to garnish child support

    Kansas City Divorce Attorney Mark Wortman
    6 Apr 2015 | 8:29 am
    Recent case: Employer is required by law to comply with child support wage garnishment orders from the Family Support Division The employer of a father ordered to pay child support appeals the trial court’s judgments in favor of the Department of Social Services Family Support Division after the employer failed to comply with income withholding orders. The trial court ruling was affirmed. When a wage garnishment for child support is sent to an employer, the employee has 30 days to contest the order based only on mistakes of fact as to the identity of the employee or the amount of the…
 
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    Divorce Discourse

  • 10 Initial Client Meeting Disasters

    Lee Rosen
    27 Aug 2015 | 4:30 am
    It’s hard enough to say and do the right things in the first meeting with a new client. It’s not always comfortable for you. The client is awkward, and you’re not quite certain what to say and do. It’s a stressful situation with lots of unspoken expectations. What’s worse is that the initial client meeting can be derailed before it even starts. You can begin the meeting with your chances of having the client hire you already damaged. It’s like you’re starting in a hole and having to dig yourself out. What puts you in the hole? What things can happen that start the relationship…
  • Query: What Are You Doing for Client Feedback?

    Lee Rosen
    26 Aug 2015 | 4:30 am
    Do you have a systematic process for obtaining client feedback after you finish the work? Are you doing surveys? If not, is there a reason for not doing them? If so, who conducts the surveys? Are you doing them via phone? E-mail? Other? Who sees the data? What do you do with it? What else is going on within your client feedback process? Please share your thoughts, ideas, processes, and insights. Thanks. Lee
  • Sand Castles, Law Firms, and How to Stop the Waves

    Lee Rosen
    25 Aug 2015 | 4:30 am
    I’ve talked to thousands of lawyers now and worked closely with hundreds in an effort to improve their practices. Personally, I like to have those conversations under an umbrella on a beach. It’s even better if drinks are brought to us in our lounge chairs. You see, the beach provides endless material for analogies and lawyers. Each lawyer comes to me with his or her specific frustrations, aggravations, and issues. Every lawyer has a different story. The story sparks a question, and suddenly we’re talking. There’s always something unique about whatever is rushing through the brain of…
  • Closing the Deal With Prospective Clients

    Lee Rosen
    24 Aug 2015 | 4:30 am
    “I just can’t close the deal,” she said. She’s getting the consults in the door. She’s charging for the initial meeting (thankfully), but the prospects aren’t turning into clients. “I’m listening to their story,” she continued. “I’m asking questions, I’m giving them answers, and I’m giving them a plan for how to move forward,” she explained. But that’s it. They walk out the door, and she never sees them again. “Sometimes I call them after the meeting. Some of them respond, but many of them just ignore my call and never respond,” she told me. She’s…
  • Multiple Practice Areas and the Website Dilemma

    Lee Rosen
    20 Aug 2015 | 4:30 am
    I was flipping through websites looking for a podiatrist. They’re easy to find on Google. One after another, I reviewed their sites. I found one who looked good. Excellent credentials, good experience, and nice photo, so I continued to read. Then I noticed that he’s more than a foot doctor. Right next to “Podiatry” it says “Keys Made” (and, yes, I’m making this up). So, he fixes feet and makes keys? Handy. Yep. My immediate reaction is “I need a doctor who focuses on feet, not keys,” and I flip on to the next site. That’s the same reaction you get when someone comes to…
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    UPDATES IN MICHIGAN FAMILY LAW

  • What Papers must be Return to Former Client?

    Jeanne M. Hannah
    26 Aug 2015 | 5:44 am
    Different states have different ethical rules for how long a lawyer must keep papers before destroying them. What if there is a change of lawyers midstream? What must a lawyer return to the client? The ABA answers this question.
  • Increase in Suicide Among College Students

    Jeanne M. Hannah
    29 Jul 2015 | 9:07 am
    Active Minds Exhibition Have you read recently about the increase in suicide among college students? It's concerning. The photo at the left is a traveling exhibition by Active Minds, an advocacy group. It consists of 1,100 backpacks representing the approximate number of undergraduates who commit suicide each year.
  • Computer-generated Evidence: Part I Hearsay but Admissible under "Catch-All" Exception

    Jeanne M. Hannah
    25 Jul 2015 | 6:26 am
    CDC The Michigan Court of Appeals released an opinion reversing and remanding to the trial court with instructions in a case involving the parents' dispute about whether or not their children should continue to receive vaccinations. Kagen v Kagen, unpublished per curiam opinion of Court of Appeals, issued November 27, 2013 (Docket No.318459). These parents share joint legal custody. Interesting evidentiary holdings arose out of this opinion and also out of the subsequent appeal. Computer generated evidence that is admissible under the catch-all exception to the Rules of Evidence is the topic…
  • Vaccinations | Joint Custody | Kagen Round Two

    Jeanne M. Hannah
    15 Jul 2015 | 10:08 am
    Immunize The Kagen case was before the trial court because Father wanted to have the children vaccinated and Mother opposed. The Court of Appeals remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties’ minor children was in the children’s best interests. The Court of Appeals decisions provide clear guidelines for all parents and their lawyer about what is required when two parents sharing joint legal custody agree about a medical issue such as immunization.
  • Kids and Cars and Summer - Carrie Underwood

    Jeanne M. Hannah
    13 Jul 2015 | 6:34 am
    Kids and Cars sent out a newsletter praising Carried Underwood for her courageous public sharing of her experience when her dog locked the car with her baby inside.
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    Divorce Law Journal

  • Published Family Law Opinion from Ky Court of Appeals Today: Choice of Law to Determine Whether State Disability Retirement Benefits are Marital Property

    Diana L. Skaggs
    21 Aug 2015 | 9:15 am
    Kirilenko v. Kirilenko In a KY divorce, the trial court erred in applying KY law to characterize CN state disability retirement benefits as nonmarital property. Instead, the Restatement (Second) of Conflict of Laws "most significant relationship"  test should be applied and CN law is more appropriate.
  • Another Family Law Published Opinion from Ky Supreme Court Today: Modifying Duration of a Child Support Order Issued by Another State and Award of Income Tax Dependency Exemption

    Diana L. Skaggs
    20 Aug 2015 | 11:13 am
    Smyrichinsky v. Smyrichinsky When Ky is exercising UIFSA jurisdiction, it lacks authority to alter the duration of child support directed by another state. As to modification of the dependent income tax exemption, Ky has authority to modify who is entitled to the exemption  if it is part of a support order and not a property right. The court must articulate a sound reason why awarding the exemption to a noncustodial parent benefits the child, otherwise it should not be done.The court can only order a custodial party to sign a waiver releasing the exemption if there is a sound reason reliably…
  • Ky Supreme Court Published Opinion Today: Social Security Retirement Dependent Benefits

    Diana L. Skaggs
    20 Aug 2015 | 10:49 am
    C.D.G. v. N.J.S. Where child receives social security retirement dependent  benefits, and child support obligation of retired child support obligor is not modified, child support payor is entitled to a credit against child support. And, where such benefits are paid retroactively so there is a fund available for recoupement, trial court did not abuse its discretion in ordering mother to reimburse father for the 22 months of dependent benefits paid in a lump sum.
  • Ky grandparent visitation as against a non-parent custodian: Ky Court of Appeals Published Opinion August 14, 2015

    Diana L. Skaggs
    17 Aug 2015 | 10:33 am
    NAVY V. MASSIE, ET AL. Maternal grandparent filed a KRS 405.021(1) motion seeking grandparent’s visitation rights with minor child. Child was living with his paternal aunt and uncle. The exact custody status was unclear, as at least one parent appeared to have some visitation. The general rule regarding grandparent visitation in Kentucky is the rule the Supreme Court set forth in Troxel and clarified in subsequent Kentucky case law;there is a presumption a fit parent acts in his or her child’s best interest when denying a grandparent visitation. A grandparent seeking visitation must show…
  • Published Family Law Opinion from Ky Court of Appeals: Termination of Parental Rights and Stepfather Adoption Affirmed

    Diana L. Skaggs
    14 Jul 2015 | 7:06 am
    R.P., JR. V. T. A.C., ET AL. The Trial Court entered an Order terminating Biological Father’s parental rights and granting Stepfather’s Petition for adoption of the minor child. Father appealed arguing that the Trial Court did not make sufficient findings to terminate his parental rights. Termination must be supported by clear and convincing evidence. In this case, the Trial Court found that Biological Father had abandoned the child, had not been involved in the child’s life, had not made efforts to be involved in the child’s life, and had not paid child support for several years. The…
 
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    International Family Law

  • Expats with Children: Top Tips from an International Family Lawyer

    27 Aug 2015 | 9:01 am
    By Jeremy D. Morley*I have worked for many years counseling international parents around the world about their international child custody issues.Here are some of my "international family lawyer's best tips" for clients with children who may move overseas. This article does not deal with financial issues except as they may relate to children issues.1. Before you move overseas, you absolutely must realize, understand and fully evaluate the fact that if you are in a new country with a child you may find yourself trapped there if the other parent refuses to let you take the child home. Under the…
  • Preventing International Child Abduction through the Prevent Departure Program

    25 Aug 2015 | 8:52 am
    Jeremy D. MorleyThe Secretary of State’s office advises judges that “the United States does not have exit controls.  This means that U.S. citizens may leave the country without interference from or detection by the U.S. government.  Additionally, the Department of State cannot track a child’s ultimate destination through his or her use of a U.S. Passport if the child transits a third country after departing from the United States.  Further, U.S. citizen children may also have another nationality and travel on that country’s passport making it more difficult to determine…
  • LEBANON AND INTERNATIONAL CHILD ABDUCTION

    20 Aug 2015 | 12:39 pm
    Jeremy D. MorleyThe U.K. Government has just issued its latest “Lebanon travel advice.”With respect to international parental child abduction in Lebanon the U.K. Government has issued the following specific warning:Child Abduction One of the most common requests for consular assistance in Lebanon is from British mothers seeking help in overturning travel bans placed on their children or themselves by their fathers or husbands. Lebanese family law is very different from UK law and particular care is needed if child custody becomes an issue. If you have concerns about child custody you…
  • Canadian Border, Passport Controls and International Child Abduction

    18 Aug 2015 | 11:03 am
    Jeremy D. MorleyA recently issued (July 2015) Canadian Parliamentary Report, entitled Alert: Challenges and International Mechanisms to Address Cross-Border Child Abduction – contains a helpful analysis of Canada’s exit controls and passport controls. Relevant portions are reprinted below, without footnotes.Border Controls In cases where an abducted child is entering Canada, the Canada Border Services Agency (CBSA) is the first point of contact and its officers can refer the child and parent to secondary examination if they have suspicions that the child may have been abducted. In…
  • Put Japan on U.S. sanctions list for parental abductions: Washington Post editorial

    17 Aug 2015 | 8:44 am
    WASHINGTON – Japan should be included in a U.S. government list of the countries subject to sanctions over parental abductions, The Washington Post said in an editorial in its Wednesday online edition. The U.S. newspaper cited Japan as an example of a country that does not actively address the problem of cross-border child abductions by parents after their failed marriages with U.S. citizens.  “Japan was recorded as having no unresolved cases when there are more than 50 outstanding,” the paper pointed out, noting that the Asian nation is absent in the sanctions list that…
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    Family Lore

  • I don't like to say I told you so, but...

    28 Aug 2015 | 12:00 am
    What I have said before comes to pass in three of the posts I wrote for Marilyn Stowe’s Family Law & Divorce Blog this week, which include:The Marriage Foundation’s figures disprove their case - The Foundation shoots itself in its dogmatic foot.The dangers of unregulated McKenzie friends - As demonstrated by the recent story that a ‘professional’ McKenzie friend has been jailed for three years.Domestic violence figures are sobering - A quick internet search gives pause for thought.Headlines demonstrate futility of transparency effort - Recent headlines in certain…
  • Concerned

    24 Aug 2015 | 12:17 pm
  • Fickleness and folly

    21 Aug 2015 | 12:00 am
    ...were both in evidence in my posts this week on Marilyn Stowe’s Family Law & Divorce Blog, which included the following:Further thoughts on enforcing family financial orders - With reference to The Law Society's response to the Law Commission's consultation.A just and equitable child support variation - Upper Tribunal Judge Rowland gets back to basics in NT v Secretary of State for Work and Pensions (CSM) (Child support : variation/departure directions: other).The fickleness of legal fashion - Of transparency, and other passing legal fashions.The folly of the litigant…
  • Wills - What you should know infographic

    19 Aug 2015 | 1:19 am
    Thinking about your own death can be a difficult thing to do, but it can be one less thing for your family or loved ones to worry about if you prepare for the inevitable in advance. This infographic from SunLife brings to light some interesting statistics on what kind of attention people across the UK give to creating a Will. Living in the digital world that we now do, it’s also worthwhile learning how to de-activate social media accounts after some-one has passed away, so take a look at this image to find out how to do this and learn more about Will making.
  • Three mistakes to avoid if your marriage ends

    18 Aug 2015 | 2:10 am
    The breakdown of a marriage is widely regarded to be one of the most stressful experiences that people can go through. As well as dealing with the emotional turmoil associated with these splits, separating spouses have a whole range of practical complications to work through. It’s hardly surprising then that people are prone to making mistakes as they attempt to navigate their way through these turbulent times. If your marriage is ending, it is important to try to learn from other people’s errors so that you can avoid them yourself. While this may not make your separation easy, it should…
 
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    Toronto Family Lawyer Blog

  • Arbitration Agreements – Staying Court Action and Best Interests of the Children

    Andrew Feldstein
    28 Aug 2015 | 9:16 am
    Parker v Pal, 2014 ONSC 7035 This high conflict case considers the jurisdiction of the courts to deal with a matter undergoing arbitration under an Arbitration Agreement. Background The parties separated and signed a Separation Agreement with a shared custody arrangement and alternative dispute resolutions provisions.  However, there were no provisions purporting to restrict the court’s jurisdiction. The Children’s Aid Society (CAS) and police became involved after Mr. Parker alleged Ms. Pal physically and sexually abused the children while they were in her care.  Deciding that he…
  • Motion for Immediate Sale of a Commercial Property: Reiss v. Garten, 2015

    Andrew Feldstein
    23 Aug 2015 | 4:50 am
    Reiss v. Garten, 2015 CarswellOnt 7859, [2015] W.D.F.L. 3286, 254 A.C.W.S. (3d) 393 This case considers the issue of whether the court can make an order on a pretrial motion for the immediate sale of a commercial property owned by a corporation of which the parties are the only shareholders and the sale is resisted by the majority shareholder. Background The Parties’ Dispute The Applicant, Ms. Reiss, and the Respondent, Mr. Garten, were married over 35 years before separating in 2011.  During their marriage, the parties became the sole shareholders in a corporation known as Reiss Garten…
  • Imposing Mechanism For Repayment Of An Overpayment Of Spousal Support

    Andrew Feldstein
    16 Aug 2015 | 10:04 am
    Czerlau v. Czerlau, 2015 ONSC 855 This case considers the issue of whether a Court has discretion to impose a mechanism for repayment of an overpayment of spousal support when the Separation Agreement does not specify how repayment is to be made. Background Relevant Terms of the Separation Agreement The Appellant, Mr. Czerlau (Terry), and the Respondent, Ms. Czerlau (Rita), entered into a Separation Agreement in 2009, in which the parties agreed that the Appellant would pay spousal support to the Respondent in the amount of $2,650.00 per month for a total of $31,800.00 per year. The parties…
  • Equalization Payment and Pension Division

    Andrew Feldstein
    7 Aug 2015 | 9:37 am
    VanderWal v. VanderWal, 2015 ONSC 384 This case addresses the issue of whether a spouse should transfer a lump sum out of her pension plan in order to satisfy an equalization payment. It is one of few cases that considers the application of section 10.1 of the Family Law Act, which was enacted in 2009 to allow Courts to order a transfer of a lump sum out of a pension plan without the consent of the parties. Background The parties in this case resolved all of their issues except for how the Wife should make an equalization payment to the Husband. The parties were each expecting to receive…
  • Expert Evidence and Export Reports For Property, Child Custody and Access, and Support Claims

    Andrew Feldstein
    31 Jul 2015 | 9:19 am
    Moore v. Getahun, 2015 ONCA 55 This case considers the preparation and use of expert evidence in the context of a medical malpractice lawsuit. This case is relevant for family law proceedings because expert evidence is frequently called upon and relied on for property, child custody and access, and support claims. Background Following a motorcycle accident, the respondent (plaintiff) was treated by an orthopedic surgeon, the appellant (defendant), for a broken wrist. The appellant put the respondent’s forearm and wrist in a full cast. The respondent suffered permanent damage to his muscles…
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    New York Personal Injury Lawyer Blog

  • Tuckahoe Road in Yonkers...cont

    24 Aug 2015 | 3:08 pm
    The legal standards to be applied in evaluating a motion to dismiss are well-settled. In determining whether a complaint is sufficient to withstand a motion to dismiss pursuant to CPLR 3211(a)(7), the sole criterion is whether the pleading states a cause of action. If from the four corners of the complaint factual allegations are discerned which, taken together, manifest any cause of action cognizable at law, a motion to dismiss will fail. The court's function is to '"accept each and every allegation forwarded by the plaintiff without expressing any opinion as to the plaintiff's ability…
  • Tuckahoe Road in Yonkers

    21 Aug 2015 | 2:05 pm
    A Bronx Estate Litigation Lawyer said that, this action was initiated with Plaintiffs' filing of their Summons and Complaint in this Court's e-filing system ("NYSCEF") on April 27, 2012. According to Plaintiffs, the dispute arising out of non-payment for Plaintiffs' performance of asphalt, paving and bonding services on behalf of a general contractor in connection with its contract with defendant to make improvements to certain public streets - Tuckahoe Road in Yonkers and 108th and 188th Streets in the Bronx. It is Plaintiffs' contention that defendant wrongfully paid the general contractor…
  • Realty is the management company of the premises...cont

    19 Aug 2015 | 2:57 pm
    For the Supreme Court of the State of New York, the prescribed venue of an action is codified at and statutorily authorized by Article 5 of the CPLR. The statutory scheme provides that "notwithstanding the provisions of this article, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order of the court upon motion or by consent" (CPLR §509). As such, unless the parties have by prior written agreement fixed the venue of an action, CPLR Article 5 permits the plaintiff the right to make the initial…
  • Realty is the management company of the premises

    17 Aug 2015 | 2:04 pm
    In this personal injury action brought by plaintiff defendants move for an order, pursuant to CPLR §511, to change venue to Westchester County. A Bronx Estate Lawyer said that, plaintiff commenced this action through the service of a Summons and Complaint on September 30, 2009. Her Summons lists the basis of venue as her residence, 214 East 83rd Street, Apt. 5A, New York, New York 10028. In her Complaint, plaintiff alleges that defendant is the owner of 214 East 83rd Street, New York, New York (the "premises"), and Realty is the management company of the premises. Plaintiff further alleges…
  • CPLR 4404(a... cont

    15 Aug 2015 | 2:48 pm
    In the first instance, and contrary to the defendants' contention, the notice of claim was sufficient to enable the defendants to investigate the allegations contained therein. The notice of claim was sufficient for the defendant to locate the place, fix the time, and understand the nature of the accident. Further, there is no merit to the defendants' contention that the plaintiff changed his theory of recovery from a claim that he was hit by a bus designated as number 9167, as set forth in the notice of claim, to a generalized claim at trial that he was merely hit by a bus. The theory…
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    Dads Divorce » Articles

  • Is Abandonment A Grounds For Divorce?

    Shawn Garrison
    28 Aug 2015 | 2:00 pm
    Question: My wife and I have been trying to work out our divorce for the past year while living in the same house. We haven’t made much progress in the settlement process and I recently had my lawyer notify her of my intention to move out. However, her lawyer is threatening me with abandonment. I’m not sure what that would mean for me. Is abandonment a grounds for divorce and how would it affect issues like child custody and alimony? Answer: I am not licensed to practice law in Georgia. Therefore, I cannot inform you as to the specific laws of Georgia and can only provide you with general…
  • Pilot Program Aims To Solve Child-Support Problem

    Shawn Garrison
    27 Aug 2015 | 11:22 am
    It’s apparent that the child-support system in the United States is, at best, flawed. Perhaps the system’s biggest failing is how it treats low-income parents who lack the ability to pay. Once they fall behind on payments, even if it’s because of involuntary unemployment, arrears start accumulating and it creates an unending cycle that often leads to incarceration. While in jail, the debt continues building. The support the child needs is never received and a wedge is driven between families. The recent shooting death of Walter Scott, who was shot to death by a South Carolina police…
  • DadsDivorce Live: Reuniting Homeless Fathers With Their Kids

    Shawn Garrison
    26 Aug 2015 | 1:58 pm
    It’s hard enough for divorced fathers to maintain meaningful bonds with their children under the best of circumstances. For dads who find themselves in a dire financial situation and without a place to live, the situation is drastically more grim. Those homeless fathers is who the Firehouse Shelter in Birmingham, Ala., is hoping to help out. The shelter recently received a donated house that it is renovating to turn into a place where homeless single dads with visitation rights to their children can go to exercise their parenting time. Shelter House executive director Anne Wright joined…
  • Do Men Take Breakups Harder Than Women?

    Shawn Garrison
    25 Aug 2015 | 12:42 pm
    Do men or women take breakups harder? New research suggests that women might experience more emotional turmoil after a split, but men have more difficulty recovering. Researchers from Binghamption University and University College London recently surveyed nearly 6,000 participants from 96 countries and asked them to rate the emotional and physical pain of a breakup from one (no pain) to 10 (unbearable). In terms of emotional anguish, women averaged 6.84 compared to 6.58 in men. Women scored an average of 4.21 in terms of physical pain compared to men’s 3.75. The survey also discovered that…
  • Does A Stepdad Have A Shot At Gaining Child Custody?

    Shawn Garrison
    24 Aug 2015 | 1:28 pm
    Question: I have raised my stepdaughter since she was 5 years old. I have supported her financially for the last 10 years as her biological father has been out of the picture her entire life. Unfortunately, my wife has started drinking heavily and I don’t think our marriage is salvageable. However, my stepdaughter has asked that I not divorce her because she doesn’t want to go live with a dad she doesn’t even know. Do I have a chance at gaining temporary or any form of custody? As a minor, does my stepdaughter have any say in the matter? Answer: I do not practice law in your state.
 
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    Alabama Divorce & Family Law Attorney Blog

  • Alabama is the most unfaithful state in the U.S. – Ashley Madison Website Leak

    Steven Eversole
    25 Aug 2015 | 11:00 pm
    If you thought Alabama was one of the most conservative states in the United States, you would be mistaken. According to an analysis of data leaked from the recently hacked dating website Ashley Madison, the most unfaithful men and women live in Alabama. In case you’re wondering what is Ashley Madison and what does a dating website have to do with married people, who presumably aren’t supposed to be dating, the Ashley Madison website is a dating website for married people looking for affairs. The Ashley Madison website hack also revealed that out of the almost 36 million Ashley…
  • What Are The Rules for a Legal Separation in Alabama?

    Steven Eversole
    15 Aug 2015 | 3:15 am
    Sometimes married couples may decide to live apart rather than filing for a divorce, and some couples may decide to file for a legal separation rather than get a divorce. If you’re not sure you want a divorce, but you don’t want to live with your spouse any longer, a legal separation may be the solution. Unlike a divorce, if you’re legally separated you cannot remarry and you’re technically still married. Some couples remain legally separated and never file for a divorce for a variety of reasons. Other couples legally separate to determine if they actually want to move…
  • Birmingham Family Law Attorney Discusses Prenuptial Agreements

    Steven Eversole
    14 Aug 2015 | 12:00 am
    When a couple decides to get married, there is a lot of planning to do for the wedding, newly-engaged couples are focused on the long and happy marriage ahead of them and the furthest thing from their minds is a prenuptial agreement. To most people a prenuptial agreement plants the seed that you may not think the marriage will last, the reality is that your marriage will end, whether by divorce or by death, and when either of those events occur in your marriage you will quickly learn that marriage is a legal relationship, not just a romantic relationship. If you’re considering a…
  • Birmingham Family Law Attorney Shares 3 Tax-Saving Tips About Divorce

    Steven Eversole
    11 Aug 2015 | 3:04 am
    Divorce proceedings can be overwhelming and stressful, thinking about taxes while going through a divorce is probably the last thing on your mind. However, you need to have a clear understanding about how taxes will affect you before you settle your divorce. Birmingham Family Law Attorney Steven Eversole offers 3 important, tax-saving tips that you need to consider when getting divorced. 1. Filing Status. Your legal marital status on December 31st determines your filing status. If your divorce is still not finalized at the end of the year, you have two options, you can file a joint tax return…
  • Should I Keep the House After My Divorce?

    Steven Eversole
    9 Aug 2015 | 3:22 am
    A divorce can turn your entire world upside down. Everything about your life is changing, so it is only natural to want to maintain some stability in your life by keeping the family home. Oftentimes the family home is the most valuable marital asset in a divorce, so there may be disagreements between the divorcing spouses when it comes to deciding what happens to the family home. Most moms with kids want to stay in the family home because it represents stability for the children. However, keeping the family home might not be the best decision and depends on many different factors. There are…
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    Domestic Diversions

  • Mom, Dad, Junior: Being direct is healthy!

    David C. Sarnacki
    26 Aug 2015 | 2:57 pm
    Love and Logic reminds us that we should share concerns directly, rather than aligning with someone else and dragging him or her into the problem. Dr. Charles Fay writes (excerpt): Fortunately, mental health experts have learned a great deal about how to help families operate in healthy, happy ways. One of the most helpful discoveries involves who [...]
  • Professional Rating and Review of David C. Sarnacki

    David C. Sarnacki
    22 Aug 2015 | 5:23 am
    Best Lawyers in America completed its peer-review assessment process and announced that it selected David C. Sarnacki of Grand Rapids, Michigan for its 22nd Edition of The Best Lawyers in America. Mr. Sarnacki’s expertise was confirmed in the following practice areas: • Collaborative Law: Family Law • Family Law • Family Law Mediation
  • Marriage is for Old Folks? U.S. Supreme Court says No, disagrees with Nina Simone

    David C. Sarnacki
    26 Jun 2015 | 9:19 am
    From today’s United Supreme Court decision in OBERGEFELL v. HODGES Justice Kennedy offers these comments on marriage (excerpt): . . . Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could [...]
  • Rebounding from hard times: how do I bounce back from adversity

    David C. Sarnacki
    25 May 2015 | 10:01 am
    The June 1, 2015 issue of Time Magazine has an article on The Art of Resilience (page 36), which includes a sidebar with 10 expert tips (page 42). The top three tips for rising above difficulties, setbacks, stress, loss and suffering were (excerpt): 1. Develop a core set of beliefs that nothing can shake 2. Try to find [...]
  • Writing “longer, easier to understand — and grumpier” court decisions

    David C. Sarnacki
    5 May 2015 | 5:45 am
    The New York Times notes three trends in U.S. Supreme Court opinions (length, clarity, tone) and references Brown v. Board of Education’s 4,000 words with Citizens United’s 48,000 words. The article discusses a linguistic software study scheduled for publication in the Washington University Law Review (computer scientists Daniel Rockmore and Keith Carlson, and law [...]
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    NJ Family Issues

  • Discovery deposition of expert witnesses retained by the opponent

    PaulKostro
    29 Aug 2015 | 3:12 am
    Law Lessons from Jusino v. Lapenta, __ N.J. Super. __ (Law Div. 2015), (Savio, J.S.C.), AUGUST 26, 2015: Rule 4:10–2(d)(2) provides: . . . unless otherwise ordered by the court, the party taking the deposition shall pay the . . . a reasonable fee for the appearance, to be determined by the court if the parties and the expert . . . cannot agree on the amount therefor. The fee for the witness’s preparation for the deposition shall, however, be paid by the proponent of the witness, unless otherwise ordered by the court. [Rule 4:10–2(d)(2)]. Fed. R. Civ. P. 26(b)(4)(A) provides that…
  • A party may obtain a trial de novo following nonbinding arbitration if, within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo

    PaulKostro
    26 Aug 2015 | 5:57 am
    Law Lessons from TD Bank N.A. v. Jasko, App. Div., No. A-4324-13T1, August 25, 2015: Pursuant to Rule 4:21A-6, a party may obtain a trial de novo following nonbinding arbitration if, “within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo. . . .” R. 4:21A-6(b)(1). The express language of this rule provides that both filing and service of the demand must be accomplished within thirty days of the entry of an arbitration award. Ibid.
  • A motion for reconsideration is an improper application when a party seeks to vacate a settlement

    PaulKostro
    25 Aug 2015 | 5:30 am
    Law Lessons from In the Matter of the Estate of Kanter, Chan. Div. (Bergen Cnty.) (Contillo, P.J., Ch.) DOCKET No. BER-P-069-14, August 3, 2015: Pursuant to R. 4:49-2, a party may make a motion for reconsideration seeking to alter or amend an order. The motion must state with specificity the basis on which it is made, and must include a statement of the matters or controlling decisions which the party believes the court has overlooked or as to which it has erred. See R. 4:49-2. Reconsideration is a matter within the sound discretion of the court, and is to be exercised in the interest of…
  • The Workers’ Compensation Act

    PaulKostro
    11 Aug 2015 | 7:47 am
    Law Lessons from Estate of D’avila By Tiago D’avila v. Hugo Neu Schnitzer East et al., __ N.J. Super. __ (App. Div. 2015), Docket Nos. A-4439-11T2, A-4705-11T2, A-4713-11T2, August 10, 2015: The Workers’ Compensation Act (“the WCA”), N.J.S.A. 34:15-1 to-142, “represents the bargain that was struck between employers and employees concerning workplace injuries, whereby employers shoulder the expense of workers’ injuries arising out of the performance of work duties.” Basil v. Wolf, 193 N.J. 38, 53 (2007). The WCA “provide[s] a method of…
  • Where parties agree that cohabitation alone will trigger a suspension of alimony, the court need not delve into the economic benefits received by the supported spouse

    PaulKostro
    10 Aug 2015 | 11:19 am
    Law Lessons from Yannuzzi v. Yannuzzi, App. Div., No. A-5762-12T2, August 7, 2015: Cohabitation involves an intimate relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage. These can include, but are not limited to, living together, intertwined finances such as joint bank accounts, sharing living expenses and household chores, and recognition of the relationship in the couple’s social and family circle. [Konzelman v. Konzelman, 158 N.J. 185, 202 (1999).] Where parties agree that cohabitation alone will trigger a suspension of…
 
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    Pennsylvania Family Law

  • DELAWARE PASSES CHILDREN’S BILL OF RIGHTS

    Aaron Weems
    29 Aug 2015 | 9:08 am
    Leslie Spoltore in our Wilmington office recently wrote about Delaware’s passing a children’s “Bill of Rights” into law.  This law specifically addressed what children are to receive while under the care of the Department of Services for Children, Youth, and Their Families.  I suspect that many of these rights already exist in whole or part in other sections of Delaware Code, but by condensing them down to a single law and, perhaps more importantly, allow the child the right to address any violation of these rights through equitable relief with the court.
  • 16 WAYS TO BETTER MANAGE CUSTODY CASES

    Mark Ashton
    27 Aug 2015 | 9:10 am
    I try not to become angry with clients; recognizing that they are in the middle of family law litigation.  But there are times when a client will insist that they know best “what the court will do”.  That can be a frustrating experience. I had this occur with a client on Friday yet with a remarkable result.  The client was giving me conflicting messages of the result he desired and when I suggested possible settlement approaches, each was summarily rejected.  So, I got mad.  Along the way the client referenced the sixteen factors which Courts must now consider in rendering any…
  • WHAT THE ASHLEY MADISON DATA BREACH REALLY MEANS TO DIVORCE LAWYERS AND THEIR CLIENTS

    Aaron Weems
    20 Aug 2015 | 9:45 am
    Ashley Madison Data Breach only Slightly Less Obvious than Lip Stick on the Collar   When I first heard of the Ashley Madison data breach, I seem to be one of the few family law attorneys who felt somewhat cool to the idea it was going to result in a crescendo of divorce filings. First, due to Ashley Madison not having an email verification protocol, the presence of an email on the list is not in any way a confirmation that the legitimate owner of the email registered it with the website. Secondly, I had to assume that anyone with common sense was not using a “real” email and the…
  • STOCK SPLIT HISTORY.COM; A RESOURCE FOR LAWYERS

    Mark Ashton
    10 Aug 2015 | 1:51 pm
    On April 15 of this year, a company called ETSY went public offering 111.25 million shares of stock at $16 a share. This produced what in stock parlance is called a market capitalization of 1.78 billion.  That means what the world thought ETSY was worth.  Once offered to the public it quickly shot to almost $30 a share, doubling its market capitalization. Today, the stock trades below $15. Sometimes stocks rocket to levels that make them difficult to trade. In 2006 Mastercard went public at just under $40 a share. By 2014, it has risen to more than $800 a share. In order to make the stock…
  • A LESSON IN PAYING ATTENTION TO ESTATE DOCUMENTS & DESIGNATIONS

    Mark Ashton
    6 Aug 2015 | 9:28 am
    We were consulted recently by a personal representative of an estate concerning the decedent’s death beneficiary of his 401(K) retirement plan.  The decedent had married before ERISA became law, but executed a beneficiary form shortly afterward naming his then spouse.  Later he divorced that spouse with a property settlement agreement by which spouse waived all rights to his ERISA retirement.  The decree of divorce, naturally terminated her status as a spouse.  But the decedent never bothered to execute a beneficiary designation naming a substitute.  As the reader might suspect,…
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    Family Law Guy

  • "How Do I Refer....?" I: Re-Locating Parents

    17 Aug 2015 | 10:59 am
    Ten Posts directed to trusted advisors, addressing issues of referring "clients with issues", to whom G.S.L.O. can provide ingenuity and practicality in advice and assistance:     I of X: HOW DO I REFER A PARENT WHO WANTS TO RELOCATE WITH A CHILD? Recent news stories about the ongoing Kelly Rutherford litigation  have brought parental relocation issues to the public attention again, but
  • Vaccination and Parents' Rights: Who Decides?

    7 Apr 2015 | 2:30 pm
    Courts are being asked to decide vaccination issues between disagreeing parents in child custody cases . These disagreements are catching the public's eye and ears in the wake of the Disneyland measles outbreak, and public opposition to mandatory vaccination by prominent, or at least visible, people, who are mostly not scientists.   If you have parenting or custody issues connected with
  • Pet Custody? What's The Standard?

    15 Jan 2015 | 12:10 pm
    Recent changes in the California version of the Domestic Violence Prevention Act now permit a judge making a restraining order, to make an order for "... the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The
  • Spend More Time talking About The Relationship, and Less Money on the Ring, the Wedding (and the Divorce?)

    19 Nov 2014 | 5:14 pm
    An Emory University study suggests that there is an inverse correlation between the amount a couple spends on the engagement ring and the wedding, and the chance that the marriage will last.  I have my own theories about why this correlation may exist, but it does re-emphasize my "sermon" about pre-marital planning.  While sitting down and talking about what you intend in the marriage,
  • "Conscious Coupling" What Is Marriage Supposed To Do? Does It Still Do It?

    1 Oct 2014 | 9:47 am
    One of the recurring themes of this blog has been "Why do people get married?  What will help then accomplish whatever it is they want to accomplish by marrying?" It appears that the number of Americans, over-all, who believe that marriage does what they want done, continues to shrink, even as the broader recognition of same-sex marriage would seem logically to have increased it.  There are
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • Listening: The Key to Divorce Mediation

    Debra Synovec
    19 Aug 2015 | 3:33 pm
    Divorce mediation works for separating couples because it accounts for each perspective, is more cost-effective than litigation, and creates a mutually agreeable outcome. But beyond that, why does it really, really work? What is one major element that makes the process of mediation successful in resolving conflict? LISTENING! While speaking up and expressing concerns are vital to reaching an agreement during divorce mediation, good listening is the root of why this strategy works. Genuine, active listening is a skill that can be difficult to master, especially in a stressful situation such as…
  • Divorce Mediation Dos and Don’ts

    Debra Synovec
    14 Jul 2015 | 9:24 am
    Divorce mediation can only work when both parties are actively participating throughout the entire process. If one side is passive while the other is aggressive, a solution will most likely not be mutually beneficial as it would if both parties are equally expressive. Coming to an agreement is a two-way street, with the help of a neutral third party in mediation. A divorcing couple will have a more successful separation if these three dos and three don’ts are followed: DO speak up. Mediation is the time to lay it all out on the line, to express your concerns and needs so that your issues…
  • Four Styles of Mediation

    Debra Synovec
    10 Jun 2015 | 9:09 am
    There is no set formula when it comes to divorce mediation. Each couple’s circumstances, goals, and issues are different, making the process unique to every situation. I have been mediating for over 25 years and have never seen the same divorce circumstances twice.  A mediator uses their expertise combined with mediation techniques to help each unique couple create a successful plan. Four types of mediation are: Transformative mediation theorizes that the process has the capability to transform and change the individuals involved. This inner transformation is affected by “empowerment”…
  • Dogs and Divorce

    Debra Synovec
    14 May 2015 | 9:15 am
    A divorce affects more than the two people. Everyone knows that divorce impacts families, friends, children, business relationships, neighbors and others. However it’s not always humans who are affected—pets may be an important piece to the divorce puzzle. Mediation helps separating couples reach outcomes based on each individual’s needs, wants, and lifestyle, and can help reach an agreement for custody of pets. When going through a divorce that involves furry companions keep the following in mind: Who owns the pet? If one of you had the dog or cat before you met each other and married,…
  • How To Successfully Parent After A Divorce

    Debra Synovec
    6 Apr 2015 | 6:27 pm
    Divorce is difficult and a divorce becomes even more difficult when children are involved. While separation can be the best option for the individual, it creates conditions within the family that largely affect your kids for the rest of their lives. Divorcees must learn to work together even though they are no longer legally bound to make the transition as easy on the children as possible. Mediation is an effective strategy during the separation process, but is also incredibly helpful after the divorce is finalized. Post-divorce mediation allows parents to discuss child support, logistics,…
 
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    Fort Lauderdale Divorce Lawyer Blog

  • Awarding a Parent No Contact in a Florida Timesharing Arrangement

    26 Aug 2015 | 7:21 am
    Sometimes a parent's mental illness can present a substantial challenge within the family and, in some cases, may even make contact between parent and child unhealthy for the child. A court that views contact between parent and child as not in the child's best interest can reduce or eliminate this contact. A court, however, cannot do so without giving that parent the "road map" that is required in order to resume an active relationship with the child. A Lee County trial court's failure to give a father such directions ultimately resulted in the 2d District Court of Appeal's reversal of the…
  • Court Says Wife Had No Claim to South Florida Home that Lost Value During Couple's Marriage

    19 Aug 2015 | 8:27 am
    In many divorce cases, assets are often declared to be marital property unless one spouse kept an asset completely separate. However, in one recent case, the 4th District Court of Appeal declared a couple's home in Loxahatchee to be the husband's separate property, even though the couple used their pooled incomes to pay the property's mortgages and expenses. The ruling stated that, since the property was worth less when the couple divorced than when they got married, the wife's contributions did not enhance the value of the property, meaning the home remained the husband's alone. Years before…
  • When You Can Set Aside a Marital Settlement Agreement in Florida

    12 Aug 2015 | 10:46 am
    One of the biggest steps in any divorce process, for a couple without children, is the division of property. A marital settlement agreement puts all of the terms of a couple's property division decisions into writing. Once a couple completes a marital settlement agreement and the court approves it, there are only a few situations where it can be set aside. One Broward County husband's situation did not fit into any of the categories recognized by the law, so the 4th District Court of Appeal upheld a trial court's decision rejecting the husband's request to start over. The couple, Gilbert Hall…
  • When the Florida Appellate Courts Won't Hear Your Family Law Case

    5 Aug 2015 | 10:33 am
    It may sound surprising, but there are some instances when a party to a family law case in Florida may lose his right to have an appeal of his case even considered. That was the case recently for one Palm Beach County husband, when the 4th District Court of Appeal ordered a dismissal of his appeal of a contempt finding unless the husband achieved "substantial compliance" with the trial court's support orders within 30 days. The couple, Michel Whissell and Sheronne Whisell, sought a divorce in Palm Beach County. As part of that case, the trial court ordered the husband to make temporary…
  • South Florida Father Wins Paternity Battle Regarding Child Whose Mother Was Married to Another Man

    29 Jul 2015 | 2:13 pm
    In television's daytime soap operas, familial relationship dynamics can be complex, and tracing one's family tree sometimes is... challenging. In the real world, when your child is the product of a non-traditional situation, this can sometimes greatly heighten the hurdles you face when it comes to obtaining and exercising your rights to be a part of your child's life. One father recently obtained some good news when the 4th District Court of Appeal reinstated his paternity order, ruling that the child's mother could not contest that order based upon her having been married to another man at…
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    NJ Family Legal Blog

  • TRIAL COURT FOUND TO HAVE DENIED DUE PROCESS RIGHTS TO PRO SE LITIGANT IN DOMESTIC VIOLENCE MATTER

    Robert A. Epstein
    27 Aug 2015 | 6:09 am
    Law is never easy.  Practicing law can be even less so.  How about going it on your own without an attorney?  Not everyone may know that a “pro se” litigant acting on his or her own behalf is expected to know all of the rules and law that apply to their given case.  However, going through the process of litigation, let alone appearing in court and proceeding through a trial, can be overwhelming for even the most knowledgeable of self-represented litigants (not to mention some licensed attorneys). What happens, then, in a case where the self-represented litigant is denied…
  • WHO’S YOUR DADDY?

    Jessica C. Diamond
    17 Aug 2015 | 6:20 am
    In a recent case, Passaic County Board of Social Services on Behalf of T.M. v. A.S., the New Jersey Family Court encountered a unique set of facts.  A mother of two twin girls sought to establish the paternity of her daughters in order that the father would be obligated to commence paying child support.  She named the defendant, A.S., as the father and he submitted to DNA testing.  As it turned out, the DNA test established that A.S. was the father to only one of the twin girls.  The twins had been fathered by two different people, known as “bipaternal twins,” a rare medical…
  • Be One of Our ABA Blawg 100 Amici!

    Fox Rothschild LLP
    11 Aug 2015 | 12:23 pm
    Every year, the ABA Journal invites nominations for its Blawg 100 list, a compilation of staff and reader “favorites” within the legal blogosphere. The rigorous selection process for the 2015 list has begun, with the magazine calling for recommendations from “Blawg Amici” – regular readers who wish to support and spread the word about their favorite legal blogs. Here’s a sampling of posts from the past year: How To Divide an Island And Other Wedding Gift Questions Co-Parenting Calendars – I’m Not Your Secretary – Or Am I? Marry Her Anyway? No Matter What They Say? Well, It…
  • J is for Justifying a Deviation from the Child Support Guidelines

    Jennifer Weisberg Millner
    6 Aug 2015 | 11:25 am
    Your lawyer has just told you what you are likely to receive for child support and your jaw has dropped because you know the amount comes nowhere near the actual cost of supporting the children. How then, do you get your soon-to-be ex-spouse to pay what you consider to be a fair amount for the children? In a recent unreported decision, the court ordered an enhanced amount of child support ($50,000) but was then reversed on appeal because the judge failed to conduct an analysis and explain why he deviated from the formula which is used to calculate support for children. Copyright: boykung /…
  • How to divide an Island and other wedding gift questions

    Jennifer Weisberg Millner
    3 Aug 2015 | 8:00 am
    The BBC has recently reported that Cristiano Ronoldo, the soccer superstar, has given his agent a Greek Island for a wedding gift. While a Greek island may not be the typical wedding gift for most couples, the question of how the wedding gifts are divided in the event of a divorce certainly comes up often. Copyright: photografier / 123RF Stock Photo New Jersey, as well as the majority of states, considers all property that was acquired during the marriage to be subject to equitable distribution. This includes property which is obtained in contemplation of the marriage. Many clients like to…
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    Lewis Kannegieter Law, Ltd. » » Blog

  • Why You Should Consider Working with a Minnesota Special Needs Planning Attorney

    JRLK
    11 Aug 2015 | 7:34 am
    For parents with disabled children, whether minor or adult, it’s a good idea to take the extra step of meeting with a Minnesota special needs planning attorney.  This gives you the opportunity to set up the best possible scenario for your child if you are no longer able to provide care for him or her on your own. For example, you will work with the special needs lawyer to determine how to set up funding for your child’s expenses after your death.  You will also use the opportunity to name guardians for your child (again, whether a minor or an adult who needs assistance).  You can also…
  • Before Sending Your Baby To College

    JRLK
    28 Jul 2015 | 5:59 am
    You just unloaded a chair made from bungee cords and a hot pink, fuzzy footstool from what seems like your millionth trip to Target. You have a highly-strung high school graduate rooting through a pile of Sharpie markers, notebooks, phone cases, and packages of Ramen noodles. You’re staring at the roommate notification that arrived today, crossing your fingers your college-bound offspring isn’t bunking with someone who bites their toe nails at 3 a.m. The last thing on your mind right now is creating a Health Care Directive for your child, who, from all indications, is perfectly healthy,…
  • ICE – In Case of Emergency

    JRLK
    30 Jun 2015 | 6:23 am
    You’ve heard the buzz about having a contact labeled “ICE” in your phone, just in case of that car crash where someone needs to be contacted, pronto. What about further identification for medical personnel? Sure, they have your driver’s license…did you ever change that address when you moved? And they could probably find your auto insurance in the glove box…if you printed out a new one. How about your medical insurance card or Health Care Directive? By carrying “In Case of Emergency” information at all times, you can avoid issues that may arise during an emergency…
  • Should you consider a prenuptial agreement?

    JRLK
    16 Jun 2015 | 6:16 am
    Getting married is an exciting life event.  But in today’s society with a rise in blended families, later in life marriages, and high divorce rates, more couples are choosing to protect their futures with a prenuptial (antenuptial) agreement. A prenuptial (before the marriage) agreement can determine spousal rights to property in the event of death or divorce.  Commonly thought to be only for the rich and famous, prenuptial and postnuptial agreements can be an essential planning tool for those with significant property or children from other relationships.  Having a well-drafted…
  • 7 Reasons To Hire An Attorney For Your Uncontested Divorce

    JRLK
    2 Jun 2015 | 6:23 am
    A common misconception is that a divorce attorney is only needed when there are disagreements between the spouses. But when there is a complete agreement on all divorce issues many couples think a divorce attorney is an unnecessary expense. Instead they get free forms from the court, pay for forms over the Internet, or even hire a paralegal or other non-lawyer to draft the forms for them.  Unfortunately going without a lawyer can create a complicated mess that you may not be able to fix.  With my years of family law experience I have heard all the stories of “uncontested divorces gone…
 
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    Divorce And Mediation Blog

  • Lawyer's Advertising - What You Are Reading....

    5 Aug 2015 | 7:07 pm
    I had a trial last year against an attorney I consider to be unethical. He's bad enough I no longer will speak to him, as I believe there should be consequences to his type of conduct. The old practice of shunning has, unfortunately, become underutilized. [As usual, to disquise the people about whom I write as though the person were male, although the persons described may be male or female] After having had an opportunity to review a Yelp rating for a company hired by my 99 year old father - a company with a horrible ranking. Yelp in crowd sourced, so I tend to rely on their reviews, and you…
  • Lawyers Misleading Clients - Trying to Predict Outcomes...

    3 Aug 2015 | 6:28 pm
    As part of my concern about lawyers' advertising, and misrepresenting themselves to clients, I recall an interesting interview with a prospective client a number of years ago. A client [name and gender sanitized] came to see me, referred from another lawyer [name and gender sanitized]. The spouse had owned a house prior to the marriage and had kept it in his name. Because of pay downs on the loans secured by the property, the community was entitled to some reimbursement. Basically, the pay down of principal [and a few other things] is added back to the community property to be divided, and by…
  • Date of Separation for Divorces - In re Marriage of Davis [2015]

    1 Aug 2015 | 7:45 pm
    California became one of the first states to enact legislation stating that marital property stops being earned when the parties began to live separate and apart. This has been our rule for about 35 years. In a community property state like California and a number of other western states, the rule made sense; why would we divide income and assets once the two spouses are not working together in some semblance of a shared relationship. Community property recognizes that courts aren't good at valuing the services of the husband and wife, such as where one may work and the other cares for a…
  • Lawyers' Ads, and Reality....

    1 Aug 2015 | 6:09 pm
    I had a conversation this week with a young lawyer who has been an associate in a small law firm for 2 years. The lawyer is looking for another job that has better long term prospects. I will call the lawyer Bill, which is not the real name, and no inference should be drawn from using the male pronoun as to whether Bill was male or female. When Bill told me the firms with which he had interviewed, I knew them all well. He said the biggest surprise of the process was the posturing of each firm, and how it represented itself to new prospects. Little they said about themselves matched what he…
  • Family Law Lawyers' Vacation, Problems

    22 Dec 2014 | 11:19 am
    As family law lawyers, we are used to emergencies - goes with the territory. Judges like to say that sorting out Christmas visitation is not an emergency, since it always comes at the same time every year. Well, that doesn't stop clients. I got an email from a client on Friday that his ex-wife is disputing the contents of a custody order - admittedly, it wasn't well written [I wasn't in the case at the time] - I had drafted a revision to the order with some new agreements the parties reached in mediation, but the ex-wife won't sign. In so doing, I re-wrote the poorly drafted provision and no…
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    Pink Tape

  • Busting more Myth Buster myths…

    familoo
    30 Aug 2015 | 12:45 am
    In November 2014 I wrote about the Adoption Myth Buster Guide, see here : Take me to your Leadership Board. I said that it had been confirmed that the “top QC” who had authored the guide was in fact Janet Bazley QC. Janet has recently been in touch to ask me if I could correct my post, because she is not the author of the myth busting guidance (this is obviously most shocking because the delay in this request appears to be evidence that there remains a top QC who does not regularly read my blog ;-)). Janet says : In fact, I am not the author of the original version and was not consulted…
  • Litigants in person costs awards

    familoo
    29 Aug 2015 | 1:55 pm
    It’s a little known thing that under rule 46.5 of the Civil Procedure Rules (which do apply to family proceedings – see FPR 28.2) the court may award a litigant in person their costs. This has been the case for over a year now, and it isn’t used much in civil proceedings and I anticipate has rarely if ever been used in family cases. It’s not very long so I set out 46.5 in full below. (1) This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person. (2) The costs…
  • Adoption Statistics

    familoo
    23 Aug 2015 | 3:31 pm
    Adoption statistics. Tricky topic. Makes my head hurt a bit. I have written a blog post on the Transparency Project about this issue, following a post by former MP John Hemming on the same. You can read it here.
  • Our love affair with recitals

    familoo
    23 Aug 2015 | 3:29 pm
    I recall, some years ago, being challenged by the legal adviser at a Family Proceedings Court (as they then were) to cite the statutory source of the power to use recitals. I told him that the suggestion that Magistrates could not incorporate recitals in their orders was tosh (I did it sort of politely, honest). I don’t remember now whether he relented, but I do remember that this did (momentarily at least) threaten to jeopardise our carefully constructed agreed order – an order that depended, as so many consent orders do, upon the nuanced and deliberately plotted acknowledgments…
  • New Statesman – dangerous distrust

    familoo
    16 Aug 2015 | 9:08 am
    My latest article in The New Statesman : In child protection cases, healthy scepticism too often turns to dangerous distrust
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    Maryland Divorce Legal Crier

  • Ashley Madison and Grounds for Divorce

    James J. Gross
    28 Aug 2015 | 11:36 am
    Do you have grounds for divorce if you find your spouse among the 37 million hacked users of Ashley Madison, the dating website for married people looking to cheat? In DC, the answer is no. There are only two grounds for divorce in DC — six months voluntary separation or twelve months involuntary separation. But the court must still consider marital fault, among other factors, in deciding alimony and property distribution. Maryland and Virginia have fault and no-fault grounds for divorce. Adultery is a fault ground in both states. Using Ashley Madison by itself does not prove your…
  • Ashley Madison Hack Spurs Divorces

    James J. Gross
    21 Aug 2015 | 7:14 am
    Divorce lawyers are seeing an upsurge in business as a result of the hack attack on the Ashley Madison Internet dating site for married people. The hackers posted names, street and email addresses and payments for millions of users, mostly men, since 2007. “There’s definitely going to be a lot of people calling me in and wanting to quote-unquote know their rights,” Jacqueline Newman, a New York City lawyer, told Huffington Post.
  • Can Alimony Be Longer Than The Marriage?

    James J. Gross
    29 Jul 2015 | 8:36 am
    Dr. Murray Malin, an anesthesiologist, was 38 when he met Marcie Minenberg, 27. She went to law school but did not pass the bar exam and was working in a jewelry store. They wed, had one child, and divorced in Maryland after three years of marriage. At the time of trial, Murray had stopped practicing as a doctor due to a drug addiction. The trial court awarded Marcie alimony of $3,500 a month, non-taxable to her, for five years. Murray appealed arguing that (1) the court could not award alimony that was non-taxable and (2) the court could not award alimony for longer than the marriage. The…
  • Country Stars Divorce

    James J. Gross
    24 Jul 2015 | 10:46 am
    Country music stars Blake Shelton, 39, and Miranda Lambert, 31, announced their divorce this week after four years of marriage. This was not like your mama’s broken heart.  There were rumors of cheating, denied by both. The tabloids said Blake was mixed up with another woman.  I imagine her lips tasted like Sangria. But rumors also surfaced that Miranda was involved with country singer Chris Young. Young said “Aw naw, to another I will be true.”
  • Clean Desk or Messy Desk

    James J. Gross
    13 Jul 2015 | 11:39 am
    I was in another lawyer’s office the other day. There was not a single file nor paper in sight. Her desk was gleamingly naked save for a cup with pencils in it. The pencils were point up and freshly sharpened to exactly the same height. On the sidebar (yes, she had a sidebar), there were bottles of water on a tray with a glass pitcher full of crystal ice cubes. The coffee cups had the firm logo imprinted on them. I had the feeling if I looked closely enough, the ice cubes would too. A clean desk indicates its owner has an organized mind and a disciplined approach to cases. After all, the…
 
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    Family Law Source by Brian Vertz

  • Undisclosed Trust Distributions May Justify Retroactive Child Support Modification

    Brian Vertz
    13 Aug 2015 | 8:39 am
    Parents who receive trust distributions may have a duty to disclose the amount and source, even if the trust distributions do not necessarily constitute income for child support purposes.  That’s one of the issues raised by Eisenman-Gomez v. Gomez, No. 1596 WDA 2014 (August 11, 2015), a recent decision of the Superior Court that should have been […]
  • Do you need a prenup to deal with frozen eggs?

    Brian Vertz
    23 Jul 2015 | 9:51 am
    Women who are contemplating IVF, ZIFT, surrogacy and other alternative reproductive techniques (ART), and their parenting partners, should seriously contemplate their need for a pre- or post-nuptial agreement or cohabitation agreement, in order to determine how the frozen embryos will be used, stored or disposed in the event of a divorce or breakup.  In vitro fertilization […]
  • Corporate Successor Not Marital Property Following Post-Sep Business Failure

    Brian Vertz
    20 Jul 2015 | 7:34 am
    There is often suspicion when a business that would be marital property fails shortly after marital separation, particularly if the owner spouse subsequently starts a new business.  This is the situation that the Superior Court addressed in its recent opinion, Weisman v. Weisman, Nos. 1471 EDA 2014 (July 14, 2015), a non-precedential decision. Husband was the founder […]
  • Same-Sex Couples Need Prenups before Marriage

    Brian Vertz
    15 Jul 2015 | 7:15 am
    Same-sex couples who are getting married after spending many years in committed relationships may need prenuptial agreements even more than new couples who are just starting out.  That’s the conclusion I’ve reached after contemplating the ramifications of the U.S. Supreme Court’s recent decision in Obergefell v. Hodges, ___ U.S. ____ (June 26, 2015). In Obergefell, the U.S. […]
  • Emotional Connection Does Not Guarantee Award of Marital Residence

    Brian Vertz
    23 Jun 2015 | 2:12 pm
    According to the old saying, “possession is nine-tenths of the law.” Perhaps that’s true in some context, but in a Pennsylvania divorce decision that was recently published by the Superior Court, possession of a marital home during separation did not dictate the outcome.  In Markle v. Markle, No. 968 WDA 2014 (June 22, 2015)(non-precedential), the marital […]
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    Ontario Family Law Blog

  • Ashley Madison, Adultery and Divorce. Is Your Life a Mess?

    Brian Galbraith
    24 Aug 2015 | 10:14 am
    Ashley Madison is a website that facilitates married people having an affair. Their motto is "Life is short. Have an affair." It has been hacked, and the data related to the personal profiles of people registered has been made public. This will result in many divorces and separations when people discover their spouse was registered on the site. What is the impact of the Ashley Madison hack on your divorce? Adultery has no impact on your legal rights and obligations. In fact, the court is precluded from considering adultery when determining your legal rights and obligations. Of…
  • Separated, Stressed and Meeting with a Lawyer: How to Make the Most of Your Initial Meeting

    Brian Galbraith
    12 Aug 2015 | 11:58 am
    By Anna Preston If you are feeling stressed about the idea of meeting with a lawyer about your pending separation or divorce, you are totally normal. Everyone feels stress. Chances are you will feel much better once you are equipped with some knowledge about your various options and rights. To make the most of your consultation with us, I’d like to share the following tips:   1. If you are able, try to do a bit of reading online to familiarize yourself with some of the issues that may apply in your situation. Our website at www.GalbraithFamilyLaw.com offers a wealth of free…
  • Are you struggling to communicate with your ex about parenting issues?

    Brian Galbraith
    29 Jul 2015 | 10:06 am
    By Toni Nieuwhof It is common for parents to experience difficulties communicating with the other parent about their children, post-separation. Inflamed emotions, shock, denial and grief over the separation may be interfering with your ability to make day-to-day parenting plans involving scheduling, children’s health issues or behavioural concerns. Here are a couple of strategies that may reduce the tension and allow you to have more peaceful and productive conversations with your ex: 1 – Respond to hostile emails or texts using the “B.I.F.F.” method, recommended by…
  • Complaints Against The Children's Aid Society

    Brian Galbraith
    3 Jul 2015 | 8:47 am
    By Lynn Kirwin Nobody listens to me! If my grandchild needs protection, why won’t the Ontario Association of Children’s Aid Societies (the Society) do something?  The biological mother and father hold greater rights than grandparents in child protection laws or custody/access disputes.  As a grandparent, (unless you also qualify as a parent) you are entitled to be informed of the reasons for a decision made by the Society, but you are not entitled to have a voice in decisions made by the Society about your grandchild.  Complaints against the Society and the right to…
  • Travelling with the kids? Get consent!

    Brian Galbraith
    26 Jun 2015 | 10:18 am
    By Thea Cameron. Planning a trip across the Canadian border with the kids this summer without the other parent?  You need a notarized travel consent! If you are separated, trips without the other parent are the new normal. There is nothing worse than being stopped at the border with your kids in tow because you don’t have the right paper work. Your holiday could end before it starts. Here’s what to include: 1.      Full names and birth dates of each parent and each child.  2.      Specific dates for travel and mode of…
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    Dads Divorce

  • Fighting False Allegations Of Abuse

    Shawn Garrison
    30 Aug 2015 | 7:00 am
    Question: I am trying to get full custody of my children, but my wife is threatening me with false allegations of abuse and claiming she will get a restraining order against me if I do this. I’ve never hurt her so there would be no basis for these allegations, but I’m worried it would cost me my job and ruin my chances of gaining custody. How do I prepare for this? Are there steps I can take before filing to defend myself? Answer: I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce…
  • Is Abandonment A Grounds For Divorce?

    Shawn Garrison
    28 Aug 2015 | 2:00 pm
    Question: My wife and I have been trying to work out our divorce for the past year while living in the same house. We haven’t made much progress in the settlement process and I recently had my lawyer notify her of my intention to move out. However, her lawyer is threatening me with abandonment. I’m not sure what that would mean for me. Is abandonment a grounds for divorce and how would it affect issues like child custody and alimony? Answer: I am not licensed to practice law in Georgia. Therefore, I cannot inform you as to the specific laws of Georgia and can only provide you with general…
  • Pilot Program Aims To Solve Child-Support Problem

    Shawn Garrison
    27 Aug 2015 | 11:22 am
    It’s apparent that the child-support system in the United States is, at best, flawed. Perhaps the system’s biggest failing is how it treats low-income parents who lack the ability to pay. Once they fall behind on payments, even if it’s because of involuntary unemployment, arrears start accumulating and it creates an unending cycle that often leads to incarceration. While in jail, the debt continues building. The support the child needs is never received and a wedge is driven between families. The recent shooting death of Walter Scott, who was shot to death by a South Carolina police…
  • DadsDivorce Live: Reuniting Homeless Fathers With Their Kids

    Shawn Garrison
    26 Aug 2015 | 1:58 pm
    It’s hard enough for divorced fathers to maintain meaningful bonds with their children under the best of circumstances. For dads who find themselves in a dire financial situation and without a place to live, the situation is drastically more grim. Those homeless fathers is who the Firehouse Shelter in Birmingham, Ala., is hoping to help out. The shelter recently received a donated house that it is renovating to turn into a place where homeless single dads with visitation rights to their children can go to exercise their parenting time. Shelter House executive director Anne Wright joined…
  • Do Men Take Breakups Harder Than Women?

    Shawn Garrison
    25 Aug 2015 | 12:42 pm
    Do men or women take breakups harder? New research suggests that women might experience more emotional turmoil after a split, but men have more difficulty recovering. Researchers from Binghamption University and University College London recently surveyed nearly 6,000 participants from 96 countries and asked them to rate the emotional and physical pain of a breakup from one (no pain) to 10 (unbearable). In terms of emotional anguish, women averaged 6.84 compared to 6.58 in men. Women scored an average of 4.21 in terms of physical pain compared to men’s 3.75. The survey also discovered that…
 
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    Marilyn Stowe Blog

  • Indian wife brought angry crowd to husband’s house

    Stowe Family Law Web Team
    30 Aug 2015 | 10:00 pm
    An Indian woman who summoned hundreds of people to her husband’s house to chant slogans about him has been found guilty of harassment. The husband had already been granted a divorce by a family court in Mumbai after judges accepted that his wife had made groundless allegations and false complaints about him, but they rejected his claim that she had harassed him by summoning a several hundred-strong morcha (crowd of demonstrators) to his house. The morcha chanted slogans denigrating both the husband and his family. The Nagpur bench of the Mumbai High Court has now overturned the lower…
  • Children’s centres ‘could help lonely parents’

    Stowe Family Law Web Team
    29 Aug 2015 | 10:00 pm
    Children’s centres could help isolated and lonely parents, a charity has suggested. Children’s charity Action for Children reported earlier this week that, in a poll of 2,000 parents, close to a quarter reported regularly feeling socially isolated and lonely. Now Action for Children managing director Jan Leightley has suggested that drop-in children’s centres could play a role in responding to the problem, helping parents who feel cut off from adult company to find new social outlets. She said: “Staff there won’t judge if parents drop in looking for support. They can take part…
  • Shared laughter sign of good relationship

    Stowe Family Law Web Team
    28 Aug 2015 | 10:00 pm
    Sharing regular laughs with a romantic partner is a sign that the relationship will last, social psychologists have claimed. A team from the University of North Carolina gathered 77 heterosexual couples. Each of the 154 respondents had been in a relationship for at least four years. They were asked to tell the story of how they met while researchers kept a count of how often they spontaneously laughed. The number of times a couple laughed together was recorded, as was the length of time each instance of such laughter lasted. In addition, each couple answered survey questions about their…
  • Third of UK babies born to foreign mothers

    Stowe Family Law Web Team
    28 Aug 2015 | 10:22 am
    Foreign mothers gave birth to almost one in three of all babies born in the UK last year. Newly released figures from the Office for National Statistics (ONS) have revealed that 187,610 children with foreign mothers were born in the country in 2014. This represents 27 per cent of all births. According to the ONS, this is the highest percentage of such births since records began in 1969, when only 11.7 per cent of babies in the UK had non-British mothers. While the number remained relatively steady for several years, it has risen significantly since the turn of the century. By 2000, these…
  • A week in family law: The dangers of unregulated McKenzie friends and more

    John Bolch
    28 Aug 2015 | 10:16 am
    Another relatively quiet week for family law news, as the holiday season nears its end. There were, however, some stories of note, including the following: A ‘professional’ McKenzie friend has been jailed for three years after being found guilty of multiple offences relating to the services he provided for his clients. The man had been offering help in cases involving children or grandchildren. He deliberately sought out people who were unable to obtain legal assistance due to the legal aid cuts. His clients paid a fee up front. According to Central Bedfordshire Council, which…
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    Divorce Attorney in Chicago

  • Senate Bill 57: Changes to Illinois Family Law

    MICHAEL C CRAVEN
    17 Aug 2015 | 11:24 am
      On July 21, 2015, Illinois Governor Bruce Rauner signed Senate Bill 57 into law. The new legislation, which goes into effect on January 1, 2016, amends a great deal of the Illinois Marriage and Dissolution of Marriage Act, which governs family law issues including marriage, separation, divorce, and custody. The Illinois Bar Journal highlighted the significance of changes to the grounds for divorce, property division, child custody and parental relocation.   Grounds for Divorce Senate Bill 57 eliminates every ground for divorce other than an “irretrievable breakdown” of the…
  • US Divorce Stats and Facts

    MICHAEL C CRAVEN
    12 Aug 2015 | 12:13 am
      Around 50% of marriages in the U.S. end in divorce. 41% of first marriages end in divorce. 60% of second marriages end in divorce. 73% of third marriages end in divorce. In America, there is one divorce approximately every 36 seconds. The average length of a marriage that ends in divorce is 8 years. ‘3 years’ is the average times for people, before they decide to remarry after they are divorced. ’30 years old’ is the average age when people get their first divorce. Children of divorced parents are twice as likely to drop out of high school and less likely to…
  • Illinois Orders of Protection: Domestic Violence and Eligibility

    MICHAEL C CRAVEN
    5 Aug 2015 | 10:56 am
      While domestic violence has gotten increased attention in mainstream media, many victims continue to suffer in silence and isolation. While there is no one-size-fits all solution, one option that enables many victims to escape violent and abusive relationships and to stay safe is to file for an order of protection.   What is an Order of Protection? An order of protection is a court order that prohibits an abuser from engaging in certain behavior. In addition to requiring that abusers stop any abusive, harassing, stalking, or intimidating behavior, orders can also order abusers to…
  • How Does Divorce Impact Debt?

    MICHAEL C CRAVEN
    23 Jul 2015 | 9:32 am
    Understanding how divorce impacts your life can, in general, be difficult and complex. Many people worry about how divorce will impact their assets. Specifically, parties often wonder what will happen to their bank accounts, pensions, and stocks, or they wonder who will get to keep the car or the house. However, depending on the parties’ finances and spending behavior, a bigger question is often: what happens to the debt?   Marital Property and Debt Illinois law requires that property in a divorce be divided equitably, and the first step towards doing that division is determining what…
  • How Does Joint Custody work?

    MICHAEL C CRAVEN
    14 Jul 2015 | 8:38 am
      When parents divorce, one question often rises above the rest: who will get the kids?  The answer to that question is not a simple one, particularly with the increase in attention on joint custody determinations. When considering child custody arrangements, if joint custody is on the table, the question then becomes: what does that look like?   Sole Custody vs. Joint Custody   According to Illinois Law, custody decisions are made based on the best interest of the child. Determining the best interest of the child involves considering relevant factors, including those…
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    Scaling the Summit: Divorce, Families, & Options

  • Brady Federal Deflategate Appeal: A Mediator's View

    14 Aug 2015 | 11:02 am
    Tom Brady along with the National Football League Player's Association are currently in a federal lawsuit in a U.S. District Court against the National Football League.  The case centers on the appropriate use of power by the NFL commissioner to act as labor arbitrator, but is that really what it is about? How did the loss of a small amount of air in a few footballs balloon into a federal case?  Attorney James M. Lynch of Stevenson, Lynch & Owens, P.C. recently wrote an excellent post outlining the legal arguments that both sides have, and why, in his opinion, Brady has the…
  • The Future of 'The Night Circus' is a Marital Asset

    10 Aug 2015 | 9:45 am
    In Massachusetts, the asset division statute (M.G.L. c. 208 s 34), grants the court significant discretion and authority to assign assets owned by one spouse to the other in a divorce case in order to reach an "equitable" division.  The trial court has broad discretion as to the treatment of all types of assets owned by either spouse, but before the court can determine an equitable division, the assets themselves must first be defined and valued.  With many assets the value is straightforward, and there are accepted ways of valuing real estate, personal property and business…
  • Collaborative Kayaking

    8 Aug 2015 | 9:43 pm
    Collaborative Law is a practice that requires finding the right balance in many different ways.  The goal of the Collaborative process is to reach agreements through negotiation and to avoid the expensive and emotional experience of Court.  Clients and their counsel must find a balance between individual advocacy and shared goals in order to reach solutions.  Finding this balance can sometimes be difficult and challenging, but also rewarding.Kayaking is a great metaphor for collaborative practice, because it also requires balance and work in order to have a rewarding…
  • How Long is a Marriage? It Depends why you are asking!

    5 Aug 2015 | 7:55 am
    The Massachusetts Appeals Court has decided another case interpreting  the Alimony Reform Act, that I will likely refer to as that "length of the marriage" case rather than trying to pronounce the actual name.  In Valaskatgis v. Valaskatgis, the Appeals Court was faced with the question of whether the Alimony Reform Act's definition for "length of the marriage" also applied to property division questions. Question: Does Length of the Marriage (for Alimony)  =  Length of the Marriage (for Property Division)?Answer:  No.Why does it matter?The Alimony Reform Act…
  • Are Divorce Lawyers regularly violating the Civility Guidelines?

    24 Jul 2015 | 9:59 am
    At a recent event celebrating the 15th Anniversary of the Massachusetts Collaborative Law Council, one of it's founders, Rita Pollak, spoke about her reasons for joining the Collaborative Law movement.  Among those reasons was a recognition that the practice of family law in the courts was becoming less civil, and more hostile.  This is a sentiment that I have heard echoed by many, and have experienced myself.   Too many of the lawyers who handle family law cases fail to understand the importance of civility, and act without thinking about the true impact of their actions.
 
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    Lawdiva's Blog

  • Liar, Liar, Pants on Fire: Perjury in Family Court

    Georgialee Lang
    25 Aug 2015 | 12:14 pm
    People tell lies, so-called “white” lies, they tell half-truths, they prevaricate, fabricate, distort, and tell “whoppers”, and they can, unless they are in a court of law or a government hearing where they are “sworn to tell the truth, the whole truth and nothing but the truth. Yet nowhere is the truth more elusive than in a family law trial and the recent case of Kneller v. Underwood 2015 BCSC 1410 is a prime example of perjury under oath. The issue was whether or not 36-year-old Twyla Kneller and Jim Greenwood of Cranbrook, B.C. lived together in a…
  • Former Toronto Lawyer Founder of Infidelity Site, Ashley Madison

    Georgialee Lang
    24 Aug 2015 | 4:37 pm
    Noel Biderman’s corporate slogan is “Life is short, have an affair”, although he says that personally he does not subscribe to his company’s philosophy. A graduate of Toronto’s Osgoode Hall Law School, Biderman says he saw an opportunity after he noticed all the “sexual partner wanted” ads on Craigslist, and realized over 30% of the men and women on the list were married or otherwise “attached”. His site, Ashley Madison, was hacked on July 12, 2015 by cyberpunks who call themselves “The Impact Team”, a sophisticated hacker crew…
  • Jared Fogle, Subway Spokesman, Had Secret Life as a Pedophile

    Georgialee Lang
    19 Aug 2015 | 9:36 pm
    Jared Fogle was a clean-cut college kid from a good family in Indiana who weighed 425 pounds and decided he needed to lose some weight. He gave up his craving for fast food and began eating exclusively at Subway. Along the way he lost 235 pounds on what he called the “Subway diet”.Subway’s head office heard about Jared’s success and presto! he became the well-paid spokesperson for Subway Restaurants. By 2013 he had filmed over 300 commercials for Subway and travelled around the country touting the health benefits of Subway’s fare. In 2001 Jared married his…
  • Kelly Rutherford’s Lawyer Threw the Dice and Lost

    Georgialee Lang
    18 Aug 2015 | 8:29 am
    There are certain actions that are available to family law counsel that in the long run may hurt a client more than help them. The first that comes to mind is the notion that revenge can be exacted by reporting one’s estranged spouse to the income tax authorities. In high conflict divorce each spouse is looking for a way to “get even”. However, anonymous reports to the IRS or Revenue Canada are wrong-headed and counsel who recommend such actions seem to forget that if their client’s spouse owes additional monies for income tax, usually their client is on the hook as…
  • When Obnoxious Lawyers Converge, Clients Are Not Well-Served

    Georgialee Lang
    17 Aug 2015 | 9:33 am
    One of the worst possible scenarios for those unlucky enough to be involved in a lawsuit is when their respective lawyers are at each other’s throats. You may think you are being well-served by an aggressive, boorish lawyer whose focus is on denigrating and insulting opposing counsel, but you are not. On the other hand, as a client you should be happy if you know or see that your lawyer has a good working relationship with opposing counsel, as you can be sure that the resolution of your case will not be hampered by ill-will between lawyers. Oddly enough, some clients are disturbed when they…
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    Farzad Family Law

  • How Do Judges Decide Divorce Cases? By Applying Facts, Law and Using Judicial Discretion

    B. Robert Farzad
    28 Aug 2015 | 8:05 pm
    How do judges decide divorce cases? We think you will enjoy this informative article on the subject. How do judges decide divorce cases? The short answer is by application of law to fact and use of judicial discretion. The law is found in our code books (mostly the California Family Code) and cases (appellate and supreme court). The facts are your specific situation. Judicial discretion is how much leeway the law gives judges to make decisions based on the facts. When judges decide divorce cases, that discretion is a big part of the decision making process. This article is informative and…
  • What Happens After Divorce Papers Are Served? Answers for Uncontested and Contested Divorces

    B. Robert Farzad
    19 Jul 2015 | 11:25 pm
    What happens after divorce papers are served? Here is an article that will get you off to a good start on answering that question in both contested and uncontested California divorce cases. What happens after divorce papers are served? The answer in a California divorce case depends on whether the divorce is contested or uncontested. What happens after divorce papers are served in uncontested California divorce cases? A timely response is filed and served and the spouses then work to settle all of their disputes in either a divorce mediation or other setting that doesn’t involve litigation.
  • What to Expect in Divorce Court. What Happens and Why?

    B. Robert Farzad
    29 May 2015 | 11:20 pm
    What to expect in divorce court? What happens and why? This article helps explain the California divorce court hearing process, specifically that of Orange County. Divorce Court can be scary for everyone except for judges and divorce lawyers. We are used to it. What to expect in Divorce Court is the scariest part because the unexpected can lead to fear. Fear of what? Fear of the unknown. Sounds obvious but the best way to make the unknown “known” is knowledge. We have good news for California husbands and wives who have Divorce Court ahead of them and want to know what to expect or just…
  • How Can I Kick My Wife or Husband out of the House? Learn About Dwelling Exclusion Orders

    B. Robert Farzad
    25 Apr 2015 | 11:48 pm
    Question: How can I kick my wife or husband out of the house in California? Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis. A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally? In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks…
  • What Are Typical Divorce Settlements in California? Learn About Them Here.

    B. Robert Farzad
    15 Mar 2015 | 12:13 pm
    Typical divorce settlements in California include terms that fit many cases. While every case is unique to its own facts, there are certain divorce settlement terms that overlap. What we write here are the overlapping terms we, as experienced California family law attorneys, see most often. We hope this article will give you some perspective on these common terms. What are typical divorce settlements in California? We have written this article for husbands and wives with exactly that question in mind. Will these terms fit your case? This article can’t answer that question because it’s not…
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    Thoughts on and beyond Family Law and Divorce

  • The Matrix of Divorce law and the Red Pill

    Katrina Berube
    16 Aug 2015 | 7:07 pm
    Probably the movie ‘The Matrix’ is one of the most mind shaking movies in 1990s.  In the movie, the main character Neo was told that the reality which he has been living believing as real is not real, but a matrix.  Then he was given two pills, the blue pill and the red pill.  The blue pill will make him forget about the matrix of reality  and the red pill will make him liberated from the Matrix.  Neo took the red pill and the story starts…. If you are autonomous person, you will agree that certain part of divorce law is a matrix given that it governs the very personal…
  • Divorce is something yet nothing Ommmm….

    Katrina Berube
    8 Jan 2014 | 6:55 pm
    Divorce is something yet nothing, yes I said that. Divorce mantra……I would say to people who is about to jump into  the decision in the heat of the moment that Divorce is ‘something’ and serious observation needs to be made before jumping into it.  But, at the same time I would say to other people who cannot make the decision seeing Divorce as ‘stigma’ or people who cannot move on from the history of Divorce that Divorce is Nothing. They are contradicting in their surface, yet perfectly synchronized in another level.  Divorce is an important decision in…
  • Can a foreigner divorce in Ontario Canada?

    Katrina Berube
    7 Jan 2014 | 6:13 pm
    Divorce in Ontario! Once in a while, I receive calls from people asking if they can divorce in Ontario while their spouse are still in their home country.  They often explain that they are visiting Canada and want to divorce here and now. My answer is YES if certain conditions are met.  Being a non Canadian does not prevent the person from filing a divorce in Ontario Family Court as Family Law often do not care ‘immigration status’ except very particular circumstances. Family Law is more concerned about residence requirement fort he period of no less than one year.  That means…
  • Divorce is not only about partners but also about children and even pets

    Katrina Berube
    6 Aug 2013 | 5:05 pm
      Divorce and separation is hard for everyone. It is like going through a dark tunnel.  Being caught up with adult subject of divorce, children are frequently left out from attention. Parents are lost in adult conflict and hope their children will be OK. But, the children are OK? Will children be fine facing the sudden change in his or her life; from then on, the child will live with mother, and the child will only get to see his or her father once a week.  There will be no more family trip to the cottage, no more baseball with father …. Such change is extremely drastic to children,…
  • Zombies of the claims in speration or divorce

    Katrina Berube
    4 Aug 2013 | 10:25 am
    Summer arrived and zombie movies are in town. Every time I watch a zombie movie, the same question arises.  What about zombies we are afraid of and what about zombies we find contagious.  Some interpret that zombies are consumers and others reads conformists from zombies. My reading for zombie is fear for others; the ones with no consciousness of their own after having been infected by pure     ‘drive’. Yet, being a family lawyer, I also read delayed yet unstoppable divorce claims from zombies.  Just like a slowly moving yet fatal zombie, divorce claim roams around seeking…
 
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    Fairfax, Virginia Family Law Blog

  • What regulations govern Virginia truck drivers?

    Surovell Isaacs Petersen & Levy PLC
    27 Aug 2015 | 5:47 am
    Truck drivers are subject to numerous laws and regulations. Federal regulations enforced by the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation, as well as Virginia state laws, require safe practices with the goal of preventing truck accidents. These laws cover everything from how long a driver may drive before stopping to rest, to how a driver carries hazardous waste. Drivers of large commercial vehicles must have commercial driver licenses under Virginia statutes. These drivers are subject to strict requirements regarding the length of time they may…
  • Virginia attorneys for victims of fireworks injuries

    Surovell Isaacs Petersen & Levy PLC
    21 Aug 2015 | 5:48 am
    Summer is a time for getting outdoors and enjoying the nice Virginia weather with friends and family. Often this means time at the pool, cookouts and other celebrations. These should be fun, joyous experiences, but, as this blog reported in a previous post, there can be dangers associated with pool use and pool-goers should be aware of essential safety measures. Another danger that occurs more commonly in the summer months arises due to the use of fireworks. Fireworks can present a great visual show and are often an exciting treat for children and adults alike. But they are also explosives,…
  • Virginia pedestrian struck in hit-and-run accident

    Surovell Isaacs Petersen & Levy PLC
    13 Aug 2015 | 6:15 am
    The Northern Virginia region can be fraught with traffic snarls. From commuters trying to get into Washington, D.C. to tourists visiting the region, there is often no shortage of traffic concerns. Pedestrians may think they are avoiding this tremendous traffic and its associated problems. Unfortunately, sometimes these traffic issues even reach pedestrians, as a man recently found out following a hit-and-run car accident. According to recent reports, a pedestrian was crossing the street shortly after 5:00 p.m. in Leesburg when the driver of a 2007 Chevrolet Silverado pickup truck left a…
  • Product recall for defective auto part affects many drivers

    Surovell Isaacs Petersen & Levy PLC
    7 Aug 2015 | 6:10 am
    Wireless capabilities can provide many benefits. From being able to surf the internet on your laptop in a coffee shop to checking email on your phone, many Virginians have grown accustomed to wireless access. Wireless systems can also have vulnerabilities, however, as indicated by a recent product recall of 1.4 million vehicles by Chrysler after two security researchers hacked into a Jeep wirelessly. According to recent reports, the vehicles Chrysler recalled have dashboard computers that appear to have a particular software weakness. By taking advantage of this software vulnerability, two…
  • Pool safety is essential for Virginians this summer

    Surovell Isaacs Petersen & Levy PLC
    31 Jul 2015 | 6:13 am
    Summertime in Virginia is in full swing, and for many Virginians, that means a trip to the local pool. A dip in the pool provides a great opportunity to cool off and for children to play with friends. These experiences can create life-long memories. Unfortunately, pools can also be dangerous environments and lead to injuries, even deaths. A lack of repair or hazardous conditions at community pools can contribute to these injuries, and it is important for Virginians to know how to stay safe. It is critical to be alert to the conditions at your local community pool. A person should be aware as…
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    Children and the Law Blog

  • Register Now for the 14th Annual Zealous Advocacy Conference

    Lauren Fisher
    15 Aug 2015 | 4:05 pm
    About the Conference The Zealous Advocacy Conference, now in its 14th year, is an annual training seminar organized by the Center for Children, Law & Policy and the Southwest Juvenile Defender Center. The conference is the premier professional development training for juvenile public defense attorneys practicing in the Southwestern United States. Topic: Intersection of Race, Gender, Adolescent Development, and Juvenile Justice Location: University of Houston Law Center Date: Friday, September 25 & Saturday, September 26, 2015 CLE Hours: likely 14 hours with 3 ethics hours Featured…
  • Kids and justice

    Lauren Fisher
    19 Jun 2015 | 1:17 pm
    A fascinating new study from the University of Manchester finds children may have a sense of justice at a very early age.  An article by Sindya N. Bhanoo in the New York Times reported: Children as young as age 3 will intervene on behalf of a victim, reacting as if victimized themselves, scientists have found. “The children treated these two violations equally,” said Keith Jensen, a psychologist at the University of Manchester in England and an author of a new study appearing in the journal Current Biology. With toys, cookies and puppets, Dr. Jensen and his colleagues tried to…
  • New book: Children, Sexuality, and the Law

    Lauren Fisher
    4 Jun 2015 | 2:58 pm
      In the newly released book Children, Sexuality, and the Law, Professors Ellen Marrus and Sacha M. Coupet take on the challenging and often taboo subject of the way our legal system treats children and sex. The text approaches the subject through diverse perspectives of psychology and legal theory, dealing with issues like adolescent consent and First Amendment expression. Children, Sexuality, and the Law is the first book of its kind, and takes the conversation beyond traditional thought of children as victims of adult sexual deviance, exploring the concept of children as “agents and…
  • Federal Government Investigates Dallas Truancy Courts

    Lauren Fisher
    12 May 2015 | 12:03 pm
      Photo by Christina Ulsh Late last March, the Department of Justice announced a federal investigation of the Dallas County Texas Truancy courts.  Based on preliminary investigations, the Justice Department estimated that in 2014, Dallas County prosecuted over 20,000 children for missing class.  Punishing students for truancy may be understandable, but in Dallas students can be arrested in front of their classmates, sent to court, and charged outrageous fines.  The Justice Department is investigating the processes used by the Dallas court.  Reports indicate students with valid…
  • Girls Behind Bars

    Lauren Fisher
    6 May 2015 | 9:40 am
      Photo by Richard Ross An increasing number of detained juveniles are girls.  Author and photographer Richard Ross interviewed and photographed over 250 girls detention facilities in his new book, Girls in Justice.  Ross found girls who had suffered horrific abuse, and most were first arrested for running away or for larceny theft.  In the Mother’s Jones article on the book, Ross said “We confine and often demonize a group of kids who have been abused and violated by the very people who should be protecting and loving them . . . These girls in detention and…
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    Family Law Express Brief

  • Audio Recordings as Evidence in Family Court Proceedings

    Jessica Goddard
    29 Aug 2015 | 7:44 pm
    In admitting any evidence in Court parties must remain mindful that through doing so they are seeking to persuade the Court of a particular fact. More specifically, there are three key issues that parties should consider before producing evidence. Firstly, parties should consider how to present to the Court evidence of the fact that they are claiming. Secondly and very importantly, parties need to consider whether the evidence is admissible, that is permitted, as evidence in the relevant proceeding. And thirdly, parties should consider the weight and importance of the evidence and its…
  • Independent Children’s Lawyers (ICL) & Australian Family Law

    Karan Dayal
    26 Aug 2015 | 8:23 pm
    An independent children’s lawyer (ICL) is a lawyer who advocates for the best interests and welfare of a child in relevant proceedings under the Family Law Act 1975 (Cth). The Family Court will order that a child be represented by an ICL if the child’s best interests or welfare is of significant importance to the proceedings and it appears to the Family Court that the child’s interests ought to be independently represented by a lawyer1. In the case of Re KNicholson CJ, Fogarty and Baker JJ set out an extensive list of some circumstances which might call for the appointment of an ICL.
  • Contravention of Court Orders or AVOs. What options do you have?

    Ewa Zieba
    21 Aug 2015 | 10:22 am
    Court Orders are the decisions or judgements of judicial officers, including Judges or Magistrates. They can include an order made after a hearing by a judicial officer or an order made after parties have reached their own agreement and have applied to a court for consent orders. Court Orders include Parenting Orders, Consent Orders and Financial Orders. Once an Order is made, each party affected by the Order must comply with it. What to do in the event of a breach of Court Orders? Attend family dispute resolution Family dispute resolution can help you and the other party to work through your…
  • Should Children Be Interviewed for Family Reports?

    Valerie Cortes
    11 Aug 2015 | 9:41 am
      This is one response from the Expert Interview Series: Dr. Travis Gee. Refer to the table of contents for the whole series of questions posed to Psychologist Dr Travis Gee, on the topic of how Family Reports and the Psychology Industry in Family Law In producing a family report, the family consultant usually speaks to all significant parties involved in the case including the child/ren. How does such process likely affect the emotional well being of a child? Is it necessary for the child/ren to be included in such process? This is something recently raised by Chief Justice Bryant 1,…
  • How to Challenge a Child Support Assessment

    Nicole Neal
    1 Aug 2015 | 12:21 pm
    A Child Support assessment is generally made when a child’s parents separate, providing the primary carer of the child/ren with sufficient income from the other parent in order to support and raise the child/ren. The assessed sum for child support is the result of a calculation based on a number of factors, reflecting the familial, carer and financial circumstances at play, and this formula has been revised numerous times since its original implementation back in the 1970’s. As of March 2014, the Abbott government has announced a new parliamentary inquiry into the child support…
 
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    The Sampair Group | Legal Blog

  • Is It The End Of Brangelina?

    Sampair Legal Blog
    31 Aug 2015 | 2:23 am
    Were you “team Jolie”, or “team Aniston”? It seems no other celebrity relationship in recent years has made as many headlines as that of Brad Pitt and Jennifer Aniston. When Pitt met fellow actor Angelina Jolie on the set of Mr. and Mrs. Smith, sparks reportedly flew. A short time later, the divorce of Mr. and Mrs. Brad Pitt and Jennifer Aniston followed. Suddenly, the country’s “best friend” was in the middle of a love triangle, and the public ate up every article on the story. Pitt and Jolie initially denied a relationship, but readers were skeptical. As the rest of the story…
  • Divorce Lessons From…Homer Simpson?

    Sampair Legal Blog
    28 Aug 2015 | 2:22 am
    When a couple calls it quits, it seems like everyone has an opinion on what to do. Suddenly everyone is an expert, and if you have broken the news to friends and family that you are considering or getting divorced, there will be no shortage of advice. However, the only opinion that matters is yours and it is critical that you seek the advice of an unrelated third party and legal professional to be sure your case is handled properly. That said, it can help to alleviate the anxiety divorce causes to take a look at how pop culture paints the divorce picture. Some of the more publicized and…
  • Is A Smart, Successful Woman The New “Trophy Wife”?

    Sampair Legal Blog
    27 Aug 2015 | 2:21 am
    The running joke on some college campuses is that many of the women enroll to get their MRS degree. The joke is meant to imply that a good number of the female enrollees are there only to find a husband. Sometimes these types of women are referred to as “trophy wives”, and the image is that of a beautiful woman who stays home to raise the kids and keep house while her husband earns a living. The most typical stereotype is that of a younger woman, married to a wealthy older man. That image seems to be changing though, and it is for the better. With celebrity marriages (and break ups) a…
  • Shortest Celebrity Marriages

    Sampair Legal Blog
    26 Aug 2015 | 2:20 am
    Whether your marriage lasted twenty days or twenty years, it is never easy to get divorced. Issues such as child support and custody, visitation, and how to divide property have to be decided, and these topics can become hotly contested. A skilled family law attorney will work to protect what is yours, and make sure the decisions that are made are in your best interests and the best interests of your children. Depending on the facts of your case, the divorce process may be quick and painless, or it may take a while. When thinking of the element of time, it is interesting to look at some of…
  • Making A Prenuptial Agreement Less Painful To Discuss

    Sampair Legal Blog
    25 Aug 2015 | 2:19 am
    A prenuptial agreement can come in handy if you decide to end your marriage. A well drafted premarital agreement can provide answers to the most difficult divorce questions, such as asset division and where the kids will live. When you already know how many of the critical issues of a divorce will be resolved, it can make the divorce process less stressful. But, broaching the subject with your soon to be spouse is the hard part. Most people are offended when asked to sign a prenuptial agreement, and feel as though their betrothed does not trust them. This does not always have to be the…
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    Etheringtons

  • Costs in Family Law matters

    Karen Thompson
    25 Aug 2015 | 9:23 pm
    The general rule in Family Law matters is that each party pays their own costs. However, you may be able to obtain an order that the other party pays your costs if there are justifying circumstances. Factors the court takes into account are: each party’s financial circumstances; if a party is legally-aided; how a party has conducted the proceedings including pleadings, admission of facts, answers to questions, inspection and production of documents, if a party has failed to comply with court orders so that further proceedings are necessary; if a party has been wholly unsuccessful; if offers…
  • Section 75(2) factors – What are they and what do they mean for you?

    Candice Lau
    16 Aug 2015 | 8:05 pm
    If you are, or have been, involved in family law matters, particularly matters involving property settlement, you may have heard of Section 75(2) factors. This section of the Family Law Act that relates to the manner of adjusting a property settlement based on the contributions of the parties. This section considers a number of factors which can “soften” the effect of looking at a property settlement purely through the prism of “contribution” by considering other issues. The section that regulates how assets are to be divided is Section 79 which (as often happens in legislation)…
  • Examining Judgment Debtors

    Penny Parsons
    3 Aug 2015 | 5:16 pm
    Examination Notices can be issued by judgment creditors after they have obtained a judgment against a judgment debtor and the debt remains outstanding to them. An Examination Notice is a Court document which requires a judgment debtor to provide details about their financial circumstances including current assets, liabilities and income and any requested supporting documents to a judgment creditor within twenty eight (28) days. The information requested by the judgment creditor allows them to ascertain the best way to enforce the judgment they have against the judgment debtor. Examination…
  • Changes to ‘Cost Agreements’ with your Solicitor.

    Flo Mitchell
    27 Jul 2015 | 4:34 pm
    Since 1 July 2015, solicitors are required to obtain their client’s informed consent on the course of action for the conduct of their matter as well as the proposed costs. A client will be given a ‘costs agreement’ which is a contract that governs the terms of the engagement between a solicitor and a client. This means that when you engage a solicitor to take on a matter for you, the solicitor has to ensure that you understand what it is they are going to do and what the legal costs will be for that work. Your solicitor is bound to explain the rights and obligations of any contract that…
  • How to choose a Family Law solicitor

    Candice Lau
    20 Jul 2015 | 7:21 pm
    Family Law matters can be an emotionally charged and sensitive time for those involved. Not only are parties dealing with the separation from their partners (sometimes after decades of cohabitation) and their children, but they are also having to cope with dealing with solicitors (both their own and the other sides) and the stresses of litigation. It is therefore of utmost importance to ensure that they choose a family law solicitor who will be able to not only provide the valuable legal advice required, but also assist them to cope with this difficult time. Each solicitor has a different…
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