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Case Law – National
The Vermont Supreme Court decided a jurisdictional custody dispute between partners to a Vermont civil union, which revolved around the Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act. The court rejected the argument that the federal Defense of Marriage Act might supersede either of those laws.
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“The Supreme Court of Canada sent a warning to divorced parents on Monday that they better come clean when their income goes up, or they could face sizable retroactive child support bills, ” reports the Family Law Prof Blog. “The Supreme Court stopped short of ordering a duty to disclose salary increases automatically, but the...
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“The Supreme Court of Massachusetts held that the trial court’s decision was not an abuse of discretion. The court cited a number of authorities from other states, and a number of law review articles on the subject, along with the ALI Principles. The court observed that:
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Practitioners need to be reminded occasionally that Family Courts are courts of equity as well as of law, as The South Carolina Family Law Blog reports the case of Buckley v. Shealy.
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“The Michigan supreme court reversed the court of appeals’ decision in Barnes v Jeudevine, in an opinion released on July 26, 2006. Docket No. 129606. As a result, Barnes, who filed an action seeking a determination of paternity of a child conceived while the child’s mother was married to another man—a child whom he co-parented...
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There are two good posts on a new collusive divorce case, one from Updates in Michigan Family Law and the other from the Family Law Prof Blog.
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The New York Law Journal, July 18, 2006, discusses a new case that enforced all but the attorney fee restriction of a prenuptial agreement. “An appeals court in Brooklyn has declared unenforceable provisions of a prenuptial agreement that barred a spouse from seeking attorney fees. A lawyer on the case said the decision was the...
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Read the new Nevada case of McClintock v. McClintock, which demonstrates the soundness of advice from attorneys that parties not remarry until Divorce Decree entered and final, from the Family Law Prof Blog.
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An interesting decision from New Jersey, digested by Charles Abut on the ABA Family Law listserve: J.R. v. L.R., ___ N.J. Super. ___ (App. Div.); New Jersey App. Div., July 17, 2006 “On the biological father’s appeal from an order requiring he and his daughter’s psychological father each to pay child support, held :
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Updates in Michigan Family Law blog nicely digests and links to the Roe v. Wade For Men 6th Circuit decision that was rendered this week, which rejected the theory as frivolous. We reported on this pending case in March, link here.
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