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Litigation
Child Custody
Where a parent consents to a modified parenting plan in which the parent will not have decision-making power and will spend less time with her children, that parent cannot later argue that such a decision violates public policy. In the Matter of the Marriage of Adler, No. 55383-6-I, Court of Appeals of Washington, Division One, Feb. 27, 2006.
The parties were married in 1988, and two children were born of the marriage. The husband filed for divorce in 2000, and in May 2001, the parties entered into a parenting plan. Thereafter, the husband filed for a modification of the parenting plan after a therapist recommended that the children spend less time with the mother and that the father have sole decision-making power. The wife consented to the modification. The wife then appealed, arguing that the modification violated her children's rights and that an agreement that takes away a parent's rights violates public policy. The appellate court affirmed the modification. It held that in this case, where the wife freely stipulated to the modification, there was no threat to public policy.
Sealing Family Court Files
The file in a collection case involving a family court action did not have to be sealed. Ehrlich v. Lucci, 06 Civ., S.D.N.Y., November 28, 2006, NYLJ, Dec. 7, 2006.
An attorney's action sought collection of fees for representing the mother, the party who had prevailed in a state Family Court action. The mother moved to seal the file in the action, contending that the case disclosed the content of the proceedings in the Family Court that, as a matter of state law, are not ordinarily open for public inspection. The magistrate judge denied the mother's application to seal the file. Noting that the defendants' answer did not reference the Family Court's decision, the magistrate judge observed that because she was the only party to have filed arguably confidential material ' which she did unnecessarily – the mother had little standing to seek the file's sealing. Further, noting the recognized right of access to court records, the magistrate judge found nothing in the Family Court decision so sensitive, embarrassing or damaging to any of the parties or a minor child so as to overcome the public's interest in the openness of judicial proceedings.
Child Custody
Where a parent consents to a modified parenting plan in which the parent will not have decision-making power and will spend less time with her children, that parent cannot later argue that such a decision violates public policy. In the Matter of the Marriage of Adler, No. 55383-6-I, Court of Appeals of Washington, Division One, Feb. 27, 2006.
The parties were married in 1988, and two children were born of the marriage. The husband filed for divorce in 2000, and in May 2001, the parties entered into a parenting plan. Thereafter, the husband filed for a modification of the parenting plan after a therapist recommended that the children spend less time with the mother and that the father have sole decision-making power. The wife consented to the modification. The wife then appealed, arguing that the modification violated her children's rights and that an agreement that takes away a parent's rights violates public policy. The appellate court affirmed the modification. It held that in this case, where the wife freely stipulated to the modification, there was no threat to public policy.
Sealing Family Court Files
The file in a collection case involving a family court action did not have to be sealed. Ehrlich v. Lucci, 06 Civ., S.D.N.Y., November 28, 2006, NYLJ, Dec. 7, 2006.
An attorney's action sought collection of fees for representing the mother, the party who had prevailed in a state Family Court action. The mother moved to seal the file in the action, contending that the case disclosed the content of the proceedings in the Family Court that, as a matter of state law, are not ordinarily open for public inspection. The magistrate judge denied the mother's application to seal the file. Noting that the defendants' answer did not reference the Family Court's decision, the magistrate judge observed that because she was the only party to have filed arguably confidential material ' which she did unnecessarily – the mother had little standing to seek the file's sealing. Further, noting the recognized right of access to court records, the magistrate judge found nothing in the Family Court decision so sensitive, embarrassing or damaging to any of the parties or a minor child so as to overcome the public's interest in the openness of judicial proceedings.
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