News & Analysis as of

Appeals Child Custody

Weber Gallagher Simpson Stapleton Fires &...

FILE AN APPEAL!

Just about any time a client receives a decision they find anything short of a 100% victory, that client say to me: “File an appeal!” What clients need to understand, however, is that it is easier said than it is to actually...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Lasher Holzapfel Sperry & Ebberson PLLC

Can I Appeal a Ruling on a Family Law Case in Washington?

If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her...more

Fox Rothschild LLP

COVID-19 Vaccine Parental Disputes – Is There Really A Difference Between Arguing Against The Initial Shot and The Booster

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If you follow the COVID-19 news cycle, you know that there is approval for the COVID-19 vaccine booster for children ages 5-11. What happens when a parent who was granted authority for the initial vaccine for a child in that...more

Stange Law Firm, PC

Does it make sense to appeal?

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Some divorce and family law matters do not settle. Instead, the case is tried in the family court. Putting the case in the hands of a family court judge can be a risky proposition. Most parties would prefer to settle...more

Fox Rothschild LLP

Grant Of Third Party Standing Is Not Appealable As A Collateral Order.

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It comes in a non-precedential decision but the ruling is important nonetheless. In a panel opinion authored by Judge Daniel McCaffery and published on March 2, 2020, the Superior Court held that a decision of a Crawford...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Monasky v. Taglieri

On February 25, 2020, the U.S. Supreme Court decided Monasky v. Taglieri, holding that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

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Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

Fox Rothschild LLP

Looking For Love In All The Wrong Places

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An appellate court will usually affirm or find no error in a trial court action if the result is deemed correct, even if the trial court’s rationale isn’t. Both State and Federal courts seem to call on this doctrine with...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

Jaburg Wilk

Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

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Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making...more

Proskauer - Proskauer For Good

Psychological Abuse Is a Form of Grave Harm Under the Hague Convention

A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking to uphold a district court’s...more

Jaburg Wilk

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

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On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Jaburg Wilk

Joint Legal Decision Making Must Parental Addresses be Disclosed?

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A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more

Obermayer Rebmann Maxwell & Hippel LLP

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Ward and Smith, P.A.

The Limits of What A Judge May Order to Stop Parents From Making False Allegations in Custody Battles

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Sometimes the most contentious issue in a divorce is not how to divide the parties' cash or assets, but rather how custody will be decided....more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Jaburg Wilk

Joint Custody and Legal Decision Making

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In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more

Jaburg Wilk

Who Has Child Custody Jurisdiction

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The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

McNees Wallace & Nurick LLC

Appellate Court Upholds Decision To Award Partial Child Custody To Mother’s Former Partner

In a non-precedential appellate decision C.B. v. L.B., a Pennsylvania appellate court held that mother’s former partner should be granted periods partial custody, one weekend per month, and eventually reducing to one Saturday...more

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