2,529 results for 'cat:"Family Law"'.
J. Klappenbach finds the circuit court properly terminated the mother's parental rights to her two children. The 18- and 6-month-old children were taken into custody when the children’s putative father was arrested on drugs and weapons charges during the mother's period of incarceration on a different conviction. All evidence supports the best interest finding and the court committed no reversible error in denying the mother's motion to have witnesses testify remotely. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 8, 2024, Case #: CV-23-837, Categories: family Law, Due Process, Guardianship
J. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, family Law
J. Thomas finds that the circuit court improperly dismissed a husband's petition to modify the parenting plan because the record supports the husband's claims that a substantial change in circumstances occurred. Reversed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2023-1074, Categories: family Law
J. Aoyagi finds the trial court erred by treating a husband as “in default” for failing to personally appear at the dissolution trial and disallowing his attorney to appear for him. “Not allowing husband to participate in the dissolution trial through counsel resulted in a fundamentally unfair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A179068, Categories: family Law
J. Joyce finds the juvenile court erred by granting a child’s paternal grandmother visitation and the right to travel internationally with the child. There was no evidence that without a visitation order, the mother and grandmother’s contentious relationship presents a risk of harm; “to the contrary, [the child] seems to be ‘impervious to the negative things.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 8, 2024, Case #: A179522, Categories: family Law
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J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: Contempt, family Law, Contract
J. Engelmayer denies the mother's petition for the return of her son, age 11, to Chile. While the child's habitual residence for his entire life has been Chile, the child unequivocally does not want to return to Chile, despite his higher standard of living with his mother. He has consistently articulated feelings of depression and desperation in connection with his life in Chile, and feels happier living with his father in New York where he is doing well in school and developing close friends. While the child is not at risk of grave harm if he returns to Chile, the balance of circumstances favors retention in the U.S.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: May 7, 2024, Case #: 1:24cv1379, NOS: Other Statutory Actions - Other Suits, Categories: family Law, International Law
J. Ortiz finds a lower court erred when it reduced the child support obligations of an ex-husband following a divorce. The court based the reduction on supplementary security income benefits received by the couple’s disabled adult child, but these benefits are not an “independent financial resource” that can “justify a reduction in a parent’s child-support obligation.” Reversed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: May 7, 2024, Case #: 0877-22-2, Categories: family Law, Social Security, Guardianship
Per curiam, the appellate division finds that the lower court improperly issued a protective order for information regarding a mother's mental health records from treatment facilities. Given the family court's need to assess mental health, the record supports a finding for this. However, there is a potential risk of producing immaterial records, so balancing the court's need for relevant information with the mother's need for confidentiality. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02501, Categories: family Law, Privacy
J. Wood finds that the trial court improperly ruled in this child custody complaint because the record does not support the decision that the child's best interests are served by awarding the mother sole custody. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-700, Categories: family Law
J. Hampson finds that the trial court properly ceased a paternal grandmother's efforts to reunify with her grandchildren following their removal from her care for suspected sexual abuse by the father because evidence indicates the decision served the best interests of the children. Affirmed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: May 7, 2024, Case #: COA23-853, Categories: family Law
J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: family Law, Native Americans
J. Boatright finds the lower court erroneously determined it held jurisdiction over the couple's divorce case. Although the husband owns several pieces of real estate in Colorado, he lives in Nebraska and has never moved to this state; therefore, he is "domiciled" in Nebraska under Colorado law and the lower court should have granted his motion to dismiss. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 6, 2024, Case #: 2024CO24, Categories: family Law, Jurisdiction
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: Evidence, family Law
J. Segal finds that the juvenile court properly declared a mother's son a dependent child of the court and ordered his removal after finding that the evidence showed her substance abuse put the child at a substantial risk of serious physical harm. The removal was also supported by her refusal to cooperate with the family services department, and by her absconding with the child for two years, which put the child at risk and made department oversight impossible. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: May 6, 2024, Case #: B318672, Categories: family Law
Per curiam, the appellate division finds that the lower court properly terminated a father's parental rights based on evidence that the father failed to prepare for the child's return and failed to address his dangerous delusional thinking. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CAF 23-00038, Categories: family Law
J. Gibbons finds the district court properly divided property, calculated alimony and allowed the attorney's lien for fees in this divorce decree. The ex-wife filed for divorce after the ex-husband, she alleges, lost all community assets trading futures. The wife abandoned her marital waste claim, seeking to enforce an oral agreement that she receive the husband's interest in the residence. The court correctly allowed for the lien due to the wife's pursuit of the frivolous marital waste claim. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: May 3, 2024, Case #: 84255-COA, Categories: family Law, Property
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: family Law, Native Americans