Litigation
June 22, 2004
Recent cases of importance to you and your practice.
New York Court Allows Two Bites of the Apple
June 22, 2004
In a decision that caused a stir among the bench and bar, New York State's highest court, the Court of Appeals, sanctioned a highly controversial practice that enables custodial spouses to draw child support twice from the same income stream.
Can a Fit Mother Block Grandparents' Visits?
June 22, 2004
The California Supreme Court is struggling to decide whether state law allows courts to grant visitation rights to grandparents over the objections of parents who have not been declared unfit. There is widespread interest in the case, with <i>amici curiae<i> including the Association of Certified Family Law Specialists, the Coalition for Restoration of Parental Rights, the American Civil Liberties Union and two gay and lesbian groups.
Keep the Therapists Out of It!
June 22, 2004
It seems obvious: If you want to know about a litigant's mental state or a child's psychological needs, ask the litigant's or child's therapist. Wrong! There are good reasons not to confuse treating-therapists with expert witnesses. The testimony of treating-therapists rarely contributes to the litigation and calling on the treating-therapist will usually destroy therapy.
Red Flag or Red Herring?
May 25, 2004
A review of the literature dealing with allegations of sexual abuse within the context of divorce and custody litigation, and the prevalence of false allegations in these cases.
Litigation
May 25, 2004
Recent rulings of importance to you and your practice.
Do You Know Your Federal Law?
May 25, 2004
Family law practitioners not only need to be thoroughly familiar with the applicable law of any state in which they practice, but some federal law as well. One of the areas in which federal law has been carving out preemption is that of retirement and life insurance death benefits.
Massachusetts: Early Days
May 25, 2004
Same-sex marriage formally came to the United States before dawn on Monday, May 17, in Cambridge, MA. In the first week that marriages were legal in the state, more than 1500 same-sex couples applied for marriage licenses, according to records compiled in the state.
Pay ... or Else!
May 25, 2004
If you have not heard of a writ of <i>capias ad satisfaciendum</i>, you are not alone. The writ is an obscure instrument of judgment that creditors can use to incarcerate debtors who have the means to pay but refuse to do so.
