Family Law › Civil Remedies › Civil Procedure

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Civility in the Practice of Law: PART THREE: CIVILITY BETWEEN LAWYERS AND JUDGES

The past two weeks I discussed the issues of civility between lawyers and civility between parties. If incivility exists between lawyers or between parties, this dynamic can be changed by a desire to do so; and either way,...more

A New Term in the U.S. Supreme Court: Cases to Watch

Earlier this month, the U.S. Supreme Court began a new term that is anticipated to include decisions on hot-button issues such as affirmative action, same-sex marriage and national security. The Court will also hear several...more

The trustee is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.

The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more

Legal Byte: Can non-signatories be bound by an arbitration clause?

In California a person who is not a party to a contract containing a mandatory arbitration clause may still be compelled to arbitrate whether that non-signatory is a plaintiff or a defendant. ...more

Legal Byte: If you don’t raise an argument in the trial court, are you barred from raising it on appeal?

Legal Byte: If a trial lawyers does not raise all possible arguments on every issue in the trial court, are they barred on appeal as a matter of law? Maybe, maybe not. ...more

Modifying and Enforcing Court Orders after Divorce

A divorce decree ends a marriage. However, after divorce the parties may have a number of ongoing obligations under the terms of the decree. When a party fails to honor obligations of a divorce decree, there are ways to seek...more

Filing for Bankruptcy? You Still Have to Pay Child Support

A Florida man almost escaped $180,000 in past-due child support when his ex-wife and the state didn’t bother to claim the debt during his bankruptcy proceedings, but a federal court has affirmed that he still owes the money...more

How Can I Enforce a Child Custody Agreement?

If you have trouble enforcing a child custody agreement, you must seek legal assistance as soon as possible. A team of knowledgeable and experienced attorneys can help you initiate the legal proceedings needed to enforce a...more

For Better or For Worse, Court Finds Joint 998 Offer To Husband and Wife Sufficient Basis For Expert Witness Fees and Costs Award

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

BVI injunctions in aid of foreign divorce proceedings

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

Seventh Circuit Addresses International Custody Dispute Under International Convention

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

Exemption From Criminal Liability Of Family Members For Certain Crimes

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

Finding of Implied Waiver of Fees Contained in Marital Settlement Agreement Trumps Fee Claims

In Marriage of Guilardi, 2011 DJDAR 16245 (2011), the California Court of Appeal for the Sixth Appellate District decided a fee petition related to so called pendente lite attorney fees. The fees were generated from the...more

Think Before You Tweet!

Finding out your spouse is dating someone else is upsetting to learn on Facebook, but it happens. Flirting with an old flame — or a new one — via email, texts, or tweets happens, too. If you believe you cannot be found out,...more

Disclosure orders – A weapon to track and recover assets

Disclosure orders constitute a very important weapon for the tracking down and recovery of assets. As such, they are an important area in both the Commercial Court and the High Court, in the latter case because there seems to...more

Servicemembers Civil Relief Act as Applied to Child Support

A review of the general provisions of the SCRA and how they apply to child support cases....more

Attorney Properly Rejects Attorney Fee Arbitration Award by Filing a Small Claims Action

In Giorgianni v. Crowley, the California Court of Appeal for the Sixth District decided a novel question arising under the California Mandatory Fee Arbitration Act for attorney fees disputes. An attorney, John Crowley...more

Legal Services are so Much Cooler Online: Online Legal Services and Your Small Claims Case

Recently I began offering online legal services in response to a need that I saw going unmet. Specifically, people who need legal help in going through the court process but either couldn't afford to pay an attorney or it...more

Family Law Judge Properly Grants Substantial Sanctions Against Party Whose Misconduct Increased Litigation Costs

In Marriage of Davenport, 2011 DJDAR 6386 (2011), the California Court of Appeal for the First District rendered an important decision reiterating the policies established by the California Family Code relating to the alleged...more

Wealth Management Update - July 2011

In This Issue: - July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Malpractice claim against an estate was too uncertain to be deductible as...more

Family Law Judge Has the Authority to Award "Just and Reasonable" Attorney Fees

In Kevin Q. v. Lauren W., 2011 DJDAR 6909 (2011), the California Fourth District Court of Appeal affirmed the grant of an attorney fee award to a husband in a paternity case. A husband was involved in a paternity suit with...more

Eliminating Lawsuits Through Bankruptcy

Few things are as unsettling as having a knock on the door and then finding yourself being served with a lawsuit by a process server. However, if debts go unpaid long enough, eventually many creditors will sue. Bankruptcy...more

Civil Law (Miscellaneous Provisions) Bill 2010

Civil Law (Miscellaneous Provisions) Bill 2010

The Bill provides for amendments to provisions across the range of civil and regulatory law. The main provisions of the Bill include:— amendment of the Civil Legal Aid Act 1995 to allow the Legal Aid Board to give legal...more

Hearsay & Custody: Parents Testifying For Their Kids

Everyone thinks they know what hearsay is. But, few lawyers and judges truly understand the concept, and even fewer understand how it can be admitted as evidence. Hearsay is an out of court statement offered for the...more