International Custody Disputes
March 28, 2008
Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.
The Progressive Lawyer: Pretrial and Trial Strategies for Family Law Cases
March 28, 2008
One of the greatest opportunities for immediate improvement in the practice of matrimonial law lies in the cultivation of the binocular mindset. Binocularity involves the balancing of the settlement mindset with the trial mindset. This balancing occurs even in situations in which the practicing attorney has no intention of ever going to trial.
Litigation
March 28, 2008
Recent rulings of interest to you and your practice.
Litigation
February 27, 2008
Recent rulings of importance to you and your practice.
Practical Tips for Negotiating Settlement in Matrimonial Cases
February 27, 2008
To negotiate a matrimonial case successfully, the practitioner must zigzag through a litany of impediments. These include the facts of the case, the relevant law, as well as the adversary and client, both of whom come with their own personalities, priorities and quirks. This two-part article (Part Two will appear in the April 2008 Issue) is offered as a guide to settling matrimonial cases.
Formal Recognition of Gay and Lesbian Relationships
February 27, 2008
According to the Human Rights Campaign, 26 states have adopted constitutional provisions limiting marriage to opposite-sex couples. Nineteen states have enacted similar statutory restrictions. Meanwhile, ten states and the District of Columbia have adopted varying levels of legal protection for same-sex couples and their children. While only one American jurisdiction allows same-sex couples to marry, at least five countries worldwide, including Canada, do so. Much is hazy in this legal landscape, but one thing is clear: In the short term, sister-state recognition of these relationships will be spotty at best, and will be fought out on a case-by-case basis.
Relocation Issues
February 27, 2008
In this day and age, when family units break apart and realign regularly, when employment is more transient than permanent, when transportation is affordable and global communication is instantaneous, relocating to another city or state, or even another country, is more common than ever. While the reasons for moving seem countless, a primary residential parent's ability to relocate with the children may be severally limited by the laws in his or her state.
<b>BREAKING NEWS:</b> NY Appellate Court Recognizes Canadian Same-Sex Marriage
February 04, 2008
An Appellate Division, Fourth Department, panel unanimously ruled Feb. 1 that a gay couple's marriage in Canada should be recognized in New York. The ruling, the first appellate decision in the state to recognize a same-sex marriage from another jurisdiction, overturned a Monroe County judge's decision that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.
