118 results for 'cat:"Family Law" AND cat:"Jurisdiction"'.
J. Lorello holds that the appeals court lacks jurisdiction to consider a mother's appeal of the magistrate court's finding of aggravated circumstances in a Child Protection Act proceeding. The finding, which was based on a prior involuntary termination of her parental rights, was an unappealable interlocutory order even though it was titled a judgment.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: September 26, 2023, Case #: 50678, Categories: family Law, jurisdiction
J. Komitee dismisses a Louisiana resident's civil rights complaint with claims stemming from his fight to regain guardianship of his adult son, who suffered a brain injury, after his sister filed a request for guardianship in New York State Family Court. The court finds his complaint fundamentally a state court matter and declines to exercise jurisdiction. As well, New York state provides ample legal avenues to address his claims. Finally, the court finds the Family Court judge and a temporary appointed guardian are protected by judicial and quasi-judicial immunity, respectively.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 21, 2023, Case #: 1:23cv3859, NOS: Other Civil Rights - Civil Rights, Categories: family Law, jurisdiction
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J. Powell finds the trial court properly awarded the wife several properties in Ghana because its decision did not affect the title to any of the properties; rather, the court concluded the properties were marital assets acquired by the husband during the parties' marriage, and it could, therefore, allocate them to either party. Meanwhile, the trial court properly determined the value of the Ghanian assets because there was no publicly available valuation information and the only evidence submitted to the court was professional appraisals from the wife's expert witnesses, which the husband failed to rebut. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: September 18, 2023, Case #: 2023-Ohio-3293, Categories: family Law, Damages, jurisdiction
J. Herndon finds the district court improperly denied the motion to reinstate child support for a handicapped child beyond the age of majority. The relevant statute generally requires that child support modifications be made while the child is still a minor, though there are exceptions for adult handicapped children in certain circumstances. The court erred in finding that it did not have jurisdiction to reinstate support. The declared 20% change in monthly income does not compel the court to make an alimony modification, but only gives it discretion as to whether modification is appropriate. The court did not abuse its discretion in denying that modification. Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: August 31, 2023, Case #: 84086, Categories: family Law, jurisdiction
J. Scales finds the trial court lacked jurisdiction to enter an order setting off the former husband's monthly alimony payments against a debt the former wife owed but failed to pay to him, as there are precursor issues regarding modification of alimony payments from a previous lawsuit between the two that are still being appealed. Because of this, the trial court's order must be vacated.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: August 30, 2023, Case #: 22-2216, Categories: family Law, jurisdiction
J. Miller finds the trial court for the most part properly found in favor of the mother in a dispute with the father over conditions of their marital settlement agreement, including payment of attorney fees and child support. All aspects of the trial court's order are upheld, but the case is remanded so the trial court can remove language from its order saying the attorney fees it awarded to the mother cannot be discharged in bankruptcy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-0249, Categories: family Law, jurisdiction, Attorney Fees
J. Parker finds that the lower court properly entered a protective order in favor of the appellee. The appellant contends that the lower court lacked jurisdiction over the appellee's application, because it was actually a modification of their ongoing suit affecting the parent-child relationship. However, the lower court was not deprived of jurisdiction in the protective order proceeding under Title 4. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 25, 2023, Case #: 07-23-00172-CV, Categories: family Law, Restraining Order, jurisdiction
J. Longoria finds that the lower court properly terminated the mother's parental rights to her two children. The mother contends that the trial did not commence in a timely manner, alleging that the lower court engaged in a "false start" to avoid losing jurisdiction. However, the record indicates that preliminary motions were heard and a case worker was called to testify, before the parties agreed to recess. Also, the lower court did not abuse its discretion by holding a bench trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00145-CV, Categories: Civil Procedure, family Law, jurisdiction
J. Melloy finds a lower court properly ruled in favor of a father on claims that his daughter’s mother violated the Hague Convention on the Civil Aspects of International Child Abduction. The mother argued that she was entitled to move her daughter to the U.S. However, the father of the child presented sufficient evidence in court that the child was “at home” in Japan. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 10, 2023, Case #: 22-3014, Categories: Evidence, family Law, jurisdiction
J. Alexander finds the trial court properly dismissed the attorney's petition for a writ of mandamus to compel the production of sealed documents. The documents were related to a separate case in family court and, therefore, the court could not grant any meaningful relief and lacked jurisdiction to modify the family court orders. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: August 7, 2023, Case #: SC20710, Categories: Civil Procedure, family Law, jurisdiction
J. Edwards dismisses the former wife's appeal in this case concerning the former husband's alimony obligation. The judgment she seeks to appeal is not final, as the lower court failed to adequately address the interest owed by the former husband based on "his failure to pay the November 2018 attorney-fee award." Accordingly, the court lacks jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: CL-2022-1242, Categories: family Law, jurisdiction
[Consolidated.] J. Rickman finds that the juvenile court improperly ordered the Department of Family and Children Services to pay rent to the child's foster mother as a sanction for failing to make reasonable efforts to effectuate the child's permanency plan. The juvenile court entered its order 15 days after the child turned 18 and therefore lacked jurisdiction over her dependency case. Vacated.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 4, 2023, Case #: A23A0968, Categories: family Law, jurisdiction, Juvenile Law
J. Tufte finds that an order involving the return of two children to North Dakota in a divorce action is not appealable. The matter is dismissed because the order requiring the mother to return her children to North Dakota is not within the North Dakota Supreme Court’s jurisdiction.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND145, Categories: family Law, jurisdiction
J. Sanchez holds that the trial court properly ordered temporary spousal support despite a premarital agreement with a support waiver. Even premarital agreements that appear to be facially valid are treated as invalid unless the trial court makes record findings that rebut the statutory presumption that the agreement was not executed voluntarily. The trial court reserved jurisdiction to retroactively modify the order and to order reimbursement if it finds the agreement is enforceable.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G060943, Categories: family Law, jurisdiction
J. Humphreys finds the instant court lacks jurisdiction in this matter concerning an order for a former spouse to pay retroactive and ongoing spousal and child support and arrearage. Due to statutory amendments, the instant court is not authorized to hear interlocutory appeals in orders involving divorce, custody, support or any other domestic relations matter.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: August 1, 2023, Case #: 0727-22-4, Categories: family Law, jurisdiction
J. Moore finds that the lower court properly ruled against the former husband in this dispute over the marital residence. On appeal, the husband argues that the lower court erred by modifying the divorce judgment with regard to the marital residence. However, the lower court had jurisdiction to accept the parties' settlement. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2023-0085, Categories: family Law, Real Estate, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the wife's petition for a writ of prohibition to prevent the common pleas court from adjudicating claims brought by another owner of a multi-story building. The owner's claims regarding violations of an easement are entirely separate from the wife's divorce proceedings with her husband and the division of marital assets, which include part of the building. Therefore, the common pleas court has jurisdiction over the building owner's suit against the wife. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 27, 2023, Case #: 2023-Ohio-2556, Categories: family Law, Real Estate, jurisdiction
J. Lorello finds that the appeals court lacks jurisdiction to consider a mother's appeal of a magistrate court's order granting a Department of Health & Welfare motion for aggravated circumstances in a child protective action case.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: July 26, 2023, Case #: 50678, Categories: family Law, jurisdiction
J. Menashi finds that the district court improperly dismissed federal claims brought against county officials and entities following termination of a mother's parental rights in state court. The Rooker-Feldman doctrine did not apply because an appeal from the state action remained pending, indicating that the mother was not attempting to circumvent the decision. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 21, 2023, Case #: 21-1473, Categories: family Law, jurisdiction
J. Edwards dismisses the father's appeal from an adoption judgment with instructions that the juvenile court "set aside the adoption judgment and all orders entered" in the proceeding. The adoption judgment is void and cannot support an appeal, because the probate court improperly transferred the proceeding to the juvenile court "without a motion from one of the parties." Accordingly, the juvenile court lacked jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 21, 2023, Case #: CL-2022-1051, Categories: Civil Procedure, family Law, jurisdiction