Hague Article 13b
July 31, 2008
With only 20 years of U.S. case law on the Convention, any new American case ' especially at the federal appellate level ' attracts the attention and interest of 'Hague' lawyers in this country. <i>Simcox v. Simcox</i>, handed down on Dec. 28, 2007, is no exception.
Should Attorneys Have Access to Psychological Test Data?
July 31, 2008
Justice is served best when both parties have all the information they need to support their position. Consequently, in the author's opinion, attorneys should be able to review psychological test data. He supports that right for several reasons discussed in the article.
Determining Legal and Financial Competency
June 30, 2008
Attorneys are increasingly asking clinicians to evaluate their clients' (or their relatives') financial and legal capacities, as well as their ability to live independently. These evaluations have both legal and ethical implications because the determination can make the difference between maintaining an individual's right to autonomy and his need for protection. Although determinations regarding capacity can limit or remove one's freedom to make financial and legal decisions, they may be necessary to safeguard patients from being exploited.
Update on Parental Alienation Syndrome
June 30, 2008
There has been a lot of confusion between the terms 'Parental Alienation Syndrome' (hereinafter 'PAS') and parental alienation. Nearly every state considers parental alienation a factor in determining child custody. Some states even go further and impose tort liability on the person who alienates a child from the other parent. This article explains in depth.
CA Justices Rule in Dispute over Artificial Insemination
June 30, 2008
Less than two weeks after stunning the nation by upholding marriage rights for same-sex couples, the California Supreme Court in May seemed poised to deliver another victory for gay rights. <i>North Coast Women's Care Medical Group v. Superior Court.</i> Specifically, the court gave every indication during oral arguments in San Francisco that it would rule that doctors cannot invoke their religious beliefs to deny gays and lesbians medical services.
Medical Child Abuse: Munchausen by Proxy and Pediatric Condition Falsification
June 30, 2008
While many family practitioners are familiar with allegations of child sexual abuse and physical abuse, often arising in the context of a custody dispute, fewer are as knowledgeable about Factitious Disorder by Proxy ('FDP'), popularly referred to as Munchausen Syndrome by Proxy ('MSBP') and a variant thereof, Pediatric Condition Falsification ('PCF'). Whether you are representing a parent accused of child sexual abuse, the accusing parent or a parent with a chronically ill child, a basic understanding of these disorders is helpful to properly assess whether they may be an issue in your case.
Litigation
May 28, 2008
Recent rulings of interest to you and your practice.
Judge Rejects Ex-Wife's Bid for Lifetime Maintenance
May 28, 2008
Noting that Americans are living longer with fewer financial resources, a Long Island, NY, judge has refused to order a 59-year-old car salesman to pay lifetime maintenance to an ex-wife with health problems.
Same-Sex Marriage in New York
May 28, 2008
It had to happen. While many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of full faith and credit or comity make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.
