29 results for 'cat:"Family Law" AND cat:"Judiciary"'.
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: family Law, judiciary, Jurisdiction
J. Artau finds that a father should be granted a writ of prohibition in child custody claims since the judge demonstrated significant bias against the father based on the father's opposition to his minor child's intention to undergo gender transitioning prior to adulthood, as the judge's opinion threatened to interfere with the father's right to make parental decisions.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: April 3, 2024, Case #: 4D2023-1825, Categories: family Law, judiciary
J. Westbrook finds the trial court did not violate the father's rights under the Americans with Disabilities Act when it denied his requests for half-day trial days during the couple's marital and custody dispute. Even if his claim of a disability is legitimate, he failed to make a formal request under the Act and his doctor's accommodation request made no specific mention of shortened trial days. Additionally, the award of sole custody of the child to the wife was not a retaliatory decision by the trial court for the husband's accommodation requests, but rather, was based on the evidence of the case and the husband's refusal to appear at various hearings because they took place in the afternoon. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 15, 2024, Case #: AC45698, Categories: Ada / Rehabilitation Act, family Law, judiciary
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J. Clark finds the trial court improperly granted the wife's request for attorney fees in connection with the husband's contract claim. Although the action was dismissed as barred by the statute of limitations, the court failed to make its own factual findings as to whether the husband acted in bad faith, while there was also no evidence in the record to establish he knew the action was meritless at the time he filed it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 26, 2024, Case #: AC45239, Categories: family Law, judiciary, Attorney Fees
J. Suttell finds that the general magistrate properly and equitably distributed marital assets. The wife waived arguments regarding the general magistrate’s authority to preside over a contested divorce, and the magistrate properly determined the husband met his burden of establishing the value of his premarital asset. Meanwhile, the wife was properly denied alimony. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: January 24, 2024, Case #: 22-219, Categories: family Law, judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the father's petition for a writ of prohibition against the common pleas court judge. Under Ohio law, a common pleas court has jurisdiction over custody and visitation rights involving juveniles, including the one filed by the maternal grandmother in this case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 18, 2024, Case #: 2024-Ohio-135, Categories: family Law, judiciary, Jurisdiction
Per curiam, the Vermont Supreme Court finds the chief superior judge properly denied the father’s motion to disqualify the trial judge for being biased. The father failed to show a claim of judicial disqualification of the presiding judge. The father also argued that the judge discussed possible sanctions but, the mother has not sought such sanctions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-131, Categories: family Law, judiciary, Sanctions
J. Wilkinson finds the lower court properly declined the judge's motion for summary judgment on judicial immunity grounds. During a legal dispute between an ex-married couple over the distribution of several sentimental items like photos and yearbooks, the judge, frustrated with the husband's failure to turn over items, entered his home despite objection from the husband, whom she threatened to arrest and supervised the seizure of items in the house. Taking it upon herself to conduct an unlawful search of his home falls outside of her judicial role. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: October 30, 2023, Case #: 22-1757, Categories: family Law, judiciary, Immunity
Per curiam, the Vermont Supreme Court finds that the family court properly terminated the mother's parental rights to her three children. The evidence supports the best interest findings. Additionally, the mother argues that the Chief Superior Judge refused to disqualify the trial judge for conflict of interest with a witness in the case, but the relationship was not more than a prior employment circumstance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-147, Categories: family Law, judiciary
J. Jones grants the district court’s motion to dismiss this suit brought by the wife seeking to improperly enjoin state court divorce proceedings that have been ongoing for four years. The suit was brought against the presiding state court judge seeking federal intervention and declaratory and injunctive relief under the Americans with Disabilities Act, and requests that the divorce be removed to federal court since the state court could not accommodate the wife by executing proceedings entirely on Zoom as requested by her non-attorney advocate. The complaint is frivolous, brought in bad faith and fails to state a claim. This court lacks also jurisdiction over claims under the argued abstention doctrines.
Court: USDC Nevada, Judge: Jones, Filed On: July 31, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, family Law, judiciary
J. Harris finds partially in favor of the former husband in his multiple challenges to the trial court's judgment in the dissolution of his and the former wife's marriage. Given the abundant record of the husband's severe physical and verbal abuse and threats to the wife, their child and others, as well as the husband's established history of alcohol abuse and issues with explosive anger, the trial court did not abuse its discretion by granting the wife sole parental responsibility and limiting the husband's parental timesharing to supervised visits once per week. The trial court did abuse its discretion, however, by ordering the husband not to consume alcohol and attend Alcoholics Anonymous meetings once per week, as that part of the judgment is "completely untethered" to the best interests of the child in part because the husband has been denied unsupervised visits and has no pathway to them. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: July 7, 2023, Case #: 23-0208, Categories: family Law, judiciary
J. Gildea reverses the Court of Appeals' finding that the district court's factual findings in a dispute over a divorced couple's daughter's college savings account were supported by the record, that an award of attorney fees to the ex-wife was within the district court's authority and that the amount of those fees was justified. The ex-husband's refusal to transfer his interest in the college savings account as required by a settlement and his disparaging emails to his wife and daughter were not sufficient to invoke the district court's inherent authority, since despite being "annoying to the district court," the conduct did not require sanctioning to preserve judicial function, nor did it violate a court order or disrupt further adjudication.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: July 5, 2023, Case #: A21-1549, Categories: family Law, judiciary, Attorney Fees
J. Pedersen finds that the lower court properly ordered the appellant to pay attorney fees in this suit involving the termination of parental rights. There was no abuse of discretion in the ruling, as the attorney's affidavit and attached invoices were sufficient to satisfy the requirements. Additionally, the appellant fails to establish error as to the issue of recusal. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 6, 2023, Case #: 05-22-01322-CV, Categories: family Law, judiciary, Attorney Fees
J. Clark finds the lower court properly granted the father's motion for temporary custody of the couple's child because an affidavit from the guardian ad litem about the mother's excessive intoxication in front of the child was sufficient to prove the mother was an immediate danger to the children's mental and physical well-being. However, the court improperly delegated its judicial authority to the father when it allowed him and the child's therapist to modify the mother's visitation depending on her future behavior; therefore, the case will be remanded to allow the court to properly allocate visitation rights. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 2, 2023, Case #: AC45186, Categories: Evidence, family Law, judiciary
Per curiam, the Supreme Court of Ohio finds the mother and adoptive parents of the child are entitled to a writ of prohibition to prevent the juvenile court judge from issuing any orders to grant parenting time to the biological father. The probate court has priority jurisdiction over the case and any order from the juvenile court would interfere with its assessment of potential actions taken in the child's best interest.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 16, 2023, Case #: 2023-Ohio-1593, Categories: family Law, judiciary, Jurisdiction