Failure To Submit Background Check A Valid Reason For Modifying Child Custody Agreement by Warner Norcross & Judd - Appellate Practice... on 5/17/2012 In Mitchell v. Mitchell, an ex-wife’s refusal to provide her ex-husband with a background check on her current boyfriend ended with the Michigan Court of Appeals ruling that a modification to the divorced couple’s child...more
Legal Byte: Recusing a Judge After He/She has Made Rulings by Alan Goldberg on 5/16/2012 This Legal Byte analyzes whether a judge may be recused after the judge has made rulings in your case....more
Court Affirms §2035 Three Year Rule Applies To §2519 Termination Of QTIP Trusts by Charles (Chuck) Rubin on 5/14/2012 For those of you with a great memory, you will remember that in December 2009 we wrote about the case of Morgens v. Commissioner. For those with a more typical memory, you can read the original post on the case here. In...more
MSC Order List: May 4, 2012 by Warner Norcross & Judd - Appellate Practice... on 5/8/2012 On Friday, the Michigan Supreme Court clarified the steps trial courts must take to ensure that the notice requirements under the Indian Child Welfare Act (“ICWA”) are strictly enforced in a consolidated order resolving two...more
For Better or For Worse, Court Finds Joint 998 Offer To Husband and Wife Sufficient Basis For Expert Witness Fees and Costs Award by Barger & Wolen on 5/2/2012 In Farag v. ArvinMeritor Inc., 2012 DJDAR 5206 (April 24, 20120), the California Court of Appeal for the Second Appellate District affirmed a post-judgment order denying plaintiffs’ motion to tax expert witness costs....more
Parents Seeking To Regain Custody From A Third Party Do Not Need To Satisfy The Change-Of-Circumstances Test by Warner Norcross & Judd - Appellate Practice... on 4/30/2012 In Frowner v. Smith, No. 305704, the Michigan Court of Appeals held that where a parent seeks custody of a child from a third party, the trial court must determine whether all the relevant factors, including the child’s best...more
Cook Islands Asset Protection Trustee Subject To New York Courts Jurisdiction by Charles (Chuck) Rubin on 4/30/2012 Southpac is a trust company that operates in several non-U.S. jurisdictions, including the Cook Islands and Nevis. Not by coincidence, the Cook Islands and Nevis have aggressive asset protection laws that seek to attract...more
BVI injunctions in aid of foreign divorce proceedings by Harney Westwood & Riegels on 4/27/2012 Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings. This area has expanded in recent years, in particular...more
Legally Obtaining Evidence from Facebook in a Divorce/Custody Proceeding by Bryan L. Salamone and Associates P.C. on 4/20/2012 The Law Office of Bryan L. Salamone & Associates, P.C. handles almost one thousand divorce cases each year. They are arguably the largest contested and high-conflict divorce law firm in Long Island, New York. In the last...more
Marriage That Occurred While A Woman Was Hospitalized Could Not Be Annulled Absent Clear Proof That The Woman Was Of Unsound Mind. by Warner Norcross & Judd - Appellate Practice... on 4/19/2012 In Estate of Ellen S. Mullen v. Duenas, the Michigan Court of Appeals considered whether the marriage of a hospital patient to her long-time boyfriend should be annulled when the marriage occurred while the woman was in the...more
Seventh Circuit Addresses International Custody Dispute Under International Convention by Cadwalader, Wickersham & Taft LLP on 4/16/2012 Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues. The Hague Convention on the Civil Aspects of International Child...more
Legal Controversies Concerning NY No-fault Divorce by Bryan L. Salamone and Associates P.C. on 4/2/2012 In 2010, New York joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to New York’s domestic relations law allow spouses to more easily obtain a...more
Matter of Sharon B. 72 NY2d 394 and People ex. rel., 161 NY 233 Westchester County SPCC, Kenneth Ellman, Prosecutor by Kenneth Ellman on 4/2/2012 From Kenneth Ellman, Email:ke@kennethellman.com Extract from Kenneth Ellman case commentary, Copyright Kenneth Ellman, 2012, All Rights Reserved. The case of Sharon B. 72 NY 2d 394 is significant in that it confirms the...more
Exemption From Criminal Liability Of Family Members For Certain Crimes by Rey Cartojano on 3/19/2012 Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more
Court Must Offer A Hearing Or Interview Petitioner Before Dismissing Petition For Personal Protective Order by Warner Norcross & Judd - Appellate Practice... on 3/19/2012 Petitioner filed a petition for personal protective order against a neighbor. She did not request that the petition be granted ex parte. Nonetheless, the circuit court judge considered the application without interviewing...more