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Fugitive Doctrine Applied to Mother Who Fled with Child
In what has been referred to as 'an extraordinary application of the fugitive disentitlement doctrine to a family court matter,' the New York Family Court, Albany County, has ruled that a mother who absconded with her child has no right to seek relief from an order awarding temporary custody to the putative father. Peppin v. Lewis, P-8298-01 (N.Y. Fam. Ct., Albany Cty., 12/2/02).
The case involves a mother who has persistently frustrated the court's attempt to address paternity and custody issues raised more than a year ago by the apparent father. The fugitive disentitlement doctrine, based on the principle that a person may not rely on the judicial system for relief when he or she is evading the authority of that system, has long been applied in criminal law; it typically arises when a convicted fugitive seeks to appeal a criminal conviction.
However, finding that the mother here had said and done things 'that seriously compromise her credibility,' the court found the fugitive disentitlement doctrine to be an appropriate mechanism. This case apparently marks the first time the principle has been used in a New York civil case, but comes on the heels of a landmark New Jersey Supreme Court ruling in a similar matter, Matsumoto v. Matsumoto, 171 N.J. 2002.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.