The importance of procedural fairness

In a recent appeal the Family Court spoke about the fundamental importance of procedural fairness to the law along with more broadly to the community. The case of Manotis & Manotis along with Others [2014] was an appeal by a decision by Justice Moncrieff. The husband appealed the decision of Justice Moncrieff, relying in part on…

Digital Precautions in Preparation for Divorce

So you’ve decided to take of which fateful step in addition to file a complaint for divorce.  Prior to doing so, consider these tips, mostly taken via USA Today reporter Kim Kommando’s article reprinted inside the Freep. 1.  Change Passwords.  Although This particular seems intuitive, the Freep article points-out of which 67% of couples share…

'Special contributions' concept "a terrible mistake"

Earlier from the year I wrote a post on the case of Kane & Kane, a big money property division case which made the headlines when the adjustment which had been made in favour of the husband for “special contributions” by the trial judge was overturned by the Appeal Court: http://lawyerfamily.blogspot.com.au/2014/01/special-contributions.html. currently another “special contribution”…

Child Support Inquiry

On 27 March 2014 the Minister for Social Services asked the Standing Committee on Social Policy in addition to also Legal Affairs to inquire into in addition to also report on Child Support. The Committee is actually to look into: the methods used by Child Support to collect payments in arrears in addition to also…

Falling Through the Cracks

Last week was a little shorter work week as I attended the Newcastle Family Law Pathway Network (FLPN) annual conference. This kind of year the conference was entitled “Falling Through the Cracks” along with was on the very important juncture between Family Law, the Children’s Court along with Child Protective Services.  The conference was very…

Family Court Judge Did Not Violate Teenager's Constitutional Rights Excluding Her via Parents' Custody Hearing

By:  Timothy P. Flynn This particular will be a case with an important message via the Ohio Supreme Court.  Thus, while the In Re AG opinion, released yesterday, does not bind family courts here in Michigan, the item will be nevertheless instructive. Since 2001, the teenager, A.G., grew up amid perpetual family court divorce proceedings in…

Relocation – thought process

Last year I wrote a post about the legal aspects of relocation after separation: http://lawyerfamily.blogspot.com.au/2013/09/relocation-various other-side-of-town-or-various other.html. Today I thought I would certainly write about how you might go about the relocation process. During a separation the possibility of moving you as well as your children away can be very tempting – maybe the item’s…

How to: Instructions

Family law matters are by their very nature invasive. You will be asked to lay bare many aspects of your life – initially to your solicitor, nevertheless then to the solicitor representing your ex as well as ultimately maybe even in an open Court room before a Judge. Taking instructions about the history of the…

the earth's largest property settlement?

Ah, those Russians. If you saw the news last week you may have seen a story or two about This particular case. Dmitry Rybolovlev along with Elena Rybolovlev’s property settlement has been finalised by a Swiss Court – along with the sums involved are staggering. According to the media reports Mr along with Mrs Rybolovlev…

Lawyers Should Not Interview Children in Custody Disputes

Even the thought of some of our colleagues, cornering the little children of their clients in a conference room in order to elicit a parental preference, causes recurring nightmares.  Fortunately, the Michigan Court of Appeals agrees, recently holding which a family court judge cannot order the parents’ lawyers to interview their minor children to ascertain…