This week we will review:
Judge Orders Mother to Stop Putting Father's E-mails in the Junk Folder, and Other Things, and Appeal Court Rules on Privacy of Text Messages.
In Toronto, a Canadian
judge ordered the mother of a 29 - month - old girl to adjust her breastfeeding schedule or begin pumping so her biological father could spend time with the girl.
Initially, the Chambers
judge ordered the the mother to have full child custody of the children and the children were to have supervised parenting time with the father on the weekends.
The judge ordered mother and daughter to meet with father's PAS expert to facilitate the father / daughter reunification.
Not exact matches
It found that 27 percent of the women were
ordered into the facilities by an array of state employees:
judges, probation officers, school truancy officials, social workers, doctors at psychiatric hospitals, or officials at state - funded shelters for unwed
mothers and their babies.
API's position in this regard is not to
judge mothers» decisions in choosing an elective caesarean, but rather that
mothers and fathers be given accurate research - based information on the risks and benefits of elective c - sections in
order to make an educated and informed choice.
Three months after a 6 - year - old boy was returned to the custody of a Champaign
mother who practices extended breast - feeding, the Department of Children and Family Services is asking a
judge to
order the
mother to prohibit the boy from sleeping in her bed.
In
order to be gentle, these ideas need to develop slowly, and the
mother needs to be willing to
judge each situation individually.
So, please don't
judge or make critical comments about bottles and formula, or whatever any
mother chooses to use in
order to survive.
This altercation led to a September 8
order from Johnson County District
Judge Daniel Bryan prohibiting Heidemann from contacting his sister, visiting her home or visiting their
mother's home.
State District
Judge Samuel C. Kiser of Amarillo handed down a ruling last month that
ordered a Mexican - American
mother to «take any and all steps necessary» to ensure that her daughter learns English.
Some
mothers who are practicing attorneys say they face an unforgiving environment in top law firms — the very places where
judges - in - waiting are groomed — requiring them to prioritize work over family in
order to advance.
Realistically, however the only alternative is for this court to acquiesce in the
mother's blatant disregard for the
orders of this court and to accept that notwithstanding that previous
judges have concluded that contact between the children and their father accords with their welfare interests, the prospect of such contact occurring must be abandoned.»
Moreover, the trial
judge also imposed a five - year restraining
order on him, blocking him from contacting or going near the
mother, the child, and members of the
mother's extended family.
A Michigan
judge on Tuesday rescinded an
order giving joint custody to a father accused of raping the boy's
mother when she was 12.
A
judge in the Court of Session refused to grant the specific issue
order and residence
order sought by the
mother after ruling that it would be in the five - and - a-half year - old girl's «best interests» to remain here.
The motion
Judge found that the
mother «had effectively abdicated her parental authority on the issue of access» and found her in contempt of the access
order.
Crucial to this determination was
Judge Merrick's view that the father was refusing to pay in
order to inflict psychological harm on the
mother.
It was held by the Court of Appeal that the
Judge should have made an
order for return pending the father obtaining proof that the
mother and children would be sufficiently accommodated, as well as injunctive
orders being obtained in advance.
Even under these circumstances, the
judge followed through with his decision to adopt the psychologist's recommendations and
ordered the immediate transfer of primary physical custody of the parties» child to Father with reasonable visitation for
Mother.
The OCJ
judge signed the
mother's draft
order, stating:
The ONCA further pointed out that 15 months had passed from the making of the trial
judge's
order and the appellant
mother had not sought to tender any fresh evidence that the current joint regime was not working.
The trial
judge had
ordered the
mother to return with the children to Egypt such that the custody issue could be decided there.
With respect to (4) and (5), the ONCA set aside the motion
judge's lump sum spousal support
order, without prejudice to the
mother's right to bring another motion for lump sum support, noting that the motions
judge's analysis on this issue was lacking and that his approach supported the conclusion that the underlying purpose of his lump sum spousal support award was merely to convert the
mother's unpaid equalization payment into lump sum spousal support following the father's bankruptcy.
However, the ONCA affirmed the motion
judge's conclusion that the father still had to pay child support to the
mother for those eight months when the daughter was living with him full time because there was evidence that the father had influenced the daughter to live with him despite the existing court
orders providing that her primary residence was with her
mother.
[Had there been a contempt finding, the motion
judge could have
ordered the father to pay an amount of money to the
mother pursuant to Rule 31 (5)(c) of the Family Law Rules.]
Some
judges, whom I applaud, have started using criminal contempt as a sanction against
mothers who repeatedly interfere with a father's court -
ordered visitation.
The Arizona Court of Appeals must consider the possibility that, had the trial
judge done so, it may have resulted in a different outcome.The Arizona Court of Appeals also found that the
order for supervised parenting time on the part of
Mother was based (per court documents) on the best interest of the children.
The motion
judge found the
mother in contempt in relation to an access
order.
In the end, however, the court was unable to conclude that this error materially affected the trial
judge's decision that granting the
mother custody of the children was in their best interests, and the ONCA declined to
order a new trial.
The SCJ
judge seized himself of both matters and ultimately made an
order in favor of the
mother, largely on the basis of a s. 54 assessment.
Both of the husband's arguments were rejected, with the court noting that OCL reports do not bind trial
judges, and that the trial
judge was correct in noting that the court could not make an
order affecting the wife's
mother's interest in the matrimonial home without the wife's
mother being a party to the proceeding.
As Ms. Label argued, it was a contradiction in terms, and legal error, for the trial
judge to state that M will be damaged by continuing in her
mother's custody, but to
order that she remain in exactly that situation.
Second, the chambers
judge in this case
ordered that the child be returned to Billings, Montana; however, the return of the child was subject to the father fulfilling certain conditions, namely: pay child support to the
mother, pay spousal support to the
mother, pay the costs associated with the
mother's and child's return to Montana, provide the
mother with suitable transportation and insurance to return to Montana, and pay the first and last month's rent for the
mother's accommodation in Billings.
Yet many
judges still favour
mothers in cases where custody is being
ordered by the court.
(1) Did the application
judge err in awarding custody to the respondent as a consequence of the
mother's breach of his
order?
In this case, the motion
judges» three factual findings of: (i) the need for the father to pursue lengthy custody and access litigation in
order to have any relationship with his children; (ii) the
mother's failure to pay anything toward the costs
ordered by the Court of Appeal; and (iii) the fact that the
mother thwarted the enforcement of the costs award by reneging on assurances she made to the court about her intent to pay the costs and not use bankruptcy to thwart that payment, ground the finding of prejudice.
And if you owe child support the first thing is the
Mother has to dismiss the
order of ask a
judge to dismiss the
order and say you have made a verbal agreement between the both of you and it should all work out.
Even in states that do not directly address breastfeeding, the
judge could make an
order permitting the
mother to have more time with the child due to breastfeeding.
To that end, the law allows a
mother to request temporary and permanent court
orders of protection to protect both the
mother and children from abuse, and a
judge is required to consider domestic violence as a factor against awarding custody to an abusive husband.
By Andrew Feldstein Chatham - Kent Children's Services v. T. (R.) In this child protection matter, the respondent
mother appealed an
order of the trial
judge, after the
judge... Read more
On appeal, the
mother sought to overturn the trial
judge's
order of a parallel parenting arrangement and the father sought to maintain it.
While the
judge ordered primary care and control to the father, she did so on condition that the father hire a reunification expert and encourage access between the children and their
mother....
The learned trial
judge found that the children had been alienated from their
mother by their father but, given Daniel's age at that time, the plaintiff's application for custody of Daniel was refused and the previous consent
order that Daniel was to have access visits with his
mother and attend counseling was set aside.
The
judge gave one last chance to the
mother, by way of a conditional residence
order with residence transferring to the father should the
mother interfere with contact between the children and him.
The Appellate Division affirmed the trial
judge's
order denying the father's request to have the
mother and child returned to Middlesex County.