However two recent unpublished
family court opinions make new law — or would make law if they were published and therefore -LSB-...]
The South Carolina Court of Appeals filed what I consider to be an important unpublished
family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediation.
Not exact matches
If I read the «
Opinion of the
Court» correctly, all they are saying is that HHS must treat «closely - held» (e.g.,
family owned) businesses the same as they treat religious non-profit companies with respect to their beliefs about contraception / abortion if those businesses can show deeply held religious beliefs of the owners.
The
families of two children with cystic fibrosis who need new lungs but were ineligible for adult organs have successfully used the
courts and public
opinion to get their daughter and son on the
All you are doing here is convicting a small
family owned company in the
court of public
opinion!
Onondaga County District Attorney Bill Fitzpatrick echoed Graf's
opinion, arguing that sending kids to
family court would not leave prosecutors with first discretion over handling a case, and could give kids a «pass» on criminal behavior.
«But if you are not, and you have accepted the Supreme
Court judgment no matter your views and
opinions, then we are one
family.»
Lisa Gray, 35, discovered groom John's horrifying secret life when police turned up at the
family home days after their wedding, a
court heard NBC News / Wall Street Journal Poll conducted by Hart Research Associates (D) and Public
Opinion Strategies (R).
Legal experts who wish to circumvent the recent Supreme
Court decision by shifting from race to family income clearly have yet to make much headway in the court of public opi
Court decision by shifting from race to
family income clearly have yet to make much headway in the
court of public opi
court of public
opinion.
This week's Louisiana Supreme
Court opinion that struck down a school choice funding formula finds the usual suspects who want to prevent
families from using their tax - paid dollars to send their children to the schools of their choice.
A recent public
opinion poll conducted in Bridgeport included questions about Malloy, Mayor Bill Finch, Paul Vallas, members of the Working
Family Party who serve as the outspoken minority on the Bridgeport Board of Education and Carmen Lopez, the former Connecticut superior
court judge who brought the lawsuit that determined that Paul Vallas lacked the credentials necessary to serve as a superintendent of schools in Connecticut.
Any posts relating to
families, child custody litigation, substance abuse, etc. are based on Rhonda's experience as an investigator for the state and the
family courts and are solely her
opinion.
From diary entries, social worker's reports, half - recalled memories, story problems, arrest records,
family lore, Supreme
Court opinions, and her grandmother's letters, Rory crafts a devastating collage that shows us her world while she searches for the way out of it.
While rescues and advocacy groups focus on eliminating the shadow cast on pit bull type dogs such as My Pitbull is
Family, the effects of frenzy from media headlines on public
opinion and legislation is difficult to reverse in the
court of public
opinion.
If the parents are unable to resolve their differences through mediation, the
court may appoint a third person, such as a psychologist experienced in working with divided
families, to evaluate the case and provide an expert
opinion regarding the most appropriate custody and parental access orders.
Assisting in all aspects of Circuit
Court duties, she drafted court orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil c
Court duties, she drafted
court orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil c
court orders and
opinions for civil,
family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals,
family exceptions, in banc reviews and complex civil cases.
Searching for clarity in the
family courts The differing
opinions of senior judges on matters such as the privacy of proceedings mean
family practitioners can struggle to accurately advise clients, explains Alex Carruthers Once again,
family law cases hit the headlines in national newspapers in 2015.
The
family court, placing great weight on the
opinion of the
family counselor and a clinical psychologist, authorized the Youngbloods to adopt the Child, concluding:
Hudson is the first time since I began this blog that the Supreme
Court has issued a published decision dismissing a writ of certiorari as improvidently granted for a
Court of Appeals
opinion pertaining to
family law.
That
Court of Appeals opinion reversed a family court decision that found the parties» prenuptial agreement on marital property to be unconscion
Court of Appeals
opinion reversed a
family court decision that found the parties» prenuptial agreement on marital property to be unconscion
court decision that found the parties» prenuptial agreement on marital property to be unconscionable.
His
opinion also provide a non-exclusive list of factor he would have had the
family court consider in determining whether Mother was fit:
In a novel and lengthy
opinion, a New Jersey
family court judge has awarded joint custody of a child to three people — the biological father, his same - sex spouse, and the mother.
Generally, in my years of specialising in the
family laws, interpretations or
opinions on Marriage Law are always being enacted by the legislative organs or the supreme
court to settle the problem, where current law is not qualified to settle the dispute.
The July 2, 2014 Supreme
Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E. 2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court's alimony, property division and attorney fee a
Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E. 2d 419 (2014), completely reverses the prior
Court of Appeals opinion and reinstates family court's alimony, property division and attorney fee a
Court of Appeals
opinion and reinstates
family court's alimony, property division and attorney fee a
court's alimony, property division and attorney fee award.
While South Carolina is not a community property state, this Supreme
Court opinion should make the family court less likely to award either spouse more than 60 % of a marital es
Court opinion should make the
family court less likely to award either spouse more than 60 % of a marital es
court less likely to award either spouse more than 60 % of a marital estate.
And basically what the California
opinion said is that if you are a lawyer who does litigation of any kind — whether it's the small, tiny
family case or whatever, if you're going into
court and representing clients in course — that you need to be competent in ediscovery technology.
Yet, in these circumstances, and the context of the crisis facing the
family courts, it wasn't in my
opinion as problematic as highlighted here given the context of what is occurring in our jurisdiction.
Tags: South Carolina
Court of Appeals, Standing, T. Ryan Phillips, Unpublished
Opinions, Visitation Posted in Jurisdiction, Of Interest to
Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation No Comments»
Tags: Business Valuation, Equitable Distribution / Property Division, Personal Goodwill, South Carolina
Court of Appeals, Unpublished
Opinions Posted in Equitable Distribution / Property Division, Not South Carolina Specific, Of Interest to
Family Court Litigants, Of Interest to
Family Law Attorneys, South Carolina Appellate Decisions No Comments»
We'll hear about her role in drafting the
court's
opinions, as well as her current challenge: reentering law practice after taking time off for her
family.
Tags: South Carolina
Court of Appeals, Termination of Parental Rights, Unpublished
Opinions Posted in Department of Social Services / Child Abuse and Neglect, Of Interest to
Family Law Attorneys, South Carolina Appellate Decisions 1 Comment»
Within the past week the South Carolina
Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent's parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of p
Court of Appeals has issued two unpublished
opinions reversing two
family court decisions to terminate a parent's parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of p
court decisions to terminate a parent's parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof.
He regularly advises on South Asian, Middle Eastern law and Islamic law in the form of expert
opinions and advice on commercial law, criminal / human rights law and
family law with regard to proceedings before the High
Court of England and Wales, the County
Court, Magistrates» -LSB-...]
A couple of interesting things are happening in yesterday's
Court of Appeals opinion in Bodkin v. Bodkin, 388 S.C. 203, 694 S.E. 2d 230 (2010), which, with one small modification, affirms the decision of the family court on disputes over the grounds for divorce, alimony, property division and attorney's
Court of Appeals
opinion in Bodkin v. Bodkin, 388 S.C. 203, 694 S.E. 2d 230 (2010), which, with one small modification, affirms the decision of the
family court on disputes over the grounds for divorce, alimony, property division and attorney's
court on disputes over the grounds for divorce, alimony, property division and attorney's fees.
Tags: Adultery, Alimony / Spousal Support, Attorney - Client Relations, Attorneys / Lawyers, Condonation, Divorce, Litigation Strategy, Marital Litigation in South Carolina, Popular Culture, Unpublished
Opinions Posted in Alimony / Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to
Family Court Litigants, Of Interest to
Family Law Attorneys, South Carolina Specific 3 Comments»
Anna provided judges with legal
opinions and research memoranda in all areas of the
Court's jurisdiction, including civil, administrative,
family and criminal.
As this is a frequently recurring issue, the Moore
opinion is necessary reading for any
family court attorney who handles equitable -LSB-...]
2010): Following the district
court's
opinion in Pennsylvania
Family Institute, Inc. v. Celluci, 489 F. Supp.
N.B., on August 1, 2014 the
Court of Appeals refiled its opinion and simply affirmed the family court's no - fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault div
Court of Appeals refiled its
opinion and simply affirmed the
family court's no - fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault div
court's no - fault ground for divorce:
Court of Appeals reconsiders its decision and reinstates no fault div
Court of Appeals reconsiders its decision and reinstates no fault divorce.
(3) A judge presiding over the
Family Court may, on motion, order that a proceeding commenced in the Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that p
Court may, on motion, order that a proceeding commenced in the
Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that p
Court be transferred to the appropriate
court in a place where the Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that p
court in a place where the
Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that p
Court does not have jurisdiction if, in the judge's
opinion, the preponderance of convenience favours having the matter dealt with by that
court in that p
court in that place.
Floyd v. Morgan, 383 S.C. 469, 681 S.E. 2d 570 (2009) is possibly the worst published
family law
opinion to come out of the Supreme
Court since I started writing this blog in April 2009.
Article 24 - 2 The provisions of Articles 10 through 12 (Method of Filing Petition for Disqualification or Challenge; Statement of
Opinions by Judge with Regard to Disqualification or Challenge; and Withdrawal of Judge) of the Rules of Civil Procedure shall apply mutatis mutandis to a
family court research law clerk.
An unpublished
Court of Appeals opinion from November 15, 2011, Fekete v. Fekete, provides some rationale to support the family court's decision not to use Schedule C guidelines in setting child sup
Court of Appeals
opinion from November 15, 2011, Fekete v. Fekete, provides some rationale to support the
family court's decision not to use Schedule C guidelines in setting child sup
court's decision not to use Schedule C guidelines in setting child support:
Tags: Child Support, Jurisprudence, South Carolina
Court of Appeals, Unpublished
Opinions Posted in Child Support, Jurisprudence, Of Interest to
Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific No Comments»
(2) When a
family court issues an order under the provisions of Article 6 of the Act by its own authority, it shall hear the
opinions of the parties.
Tags: Appellate Practice, Jurisprudence, South Carolina
Court of Appeals, South Carolina Supreme
Court, Unpublished
Opinions Posted in Jurisprudence, Of Interest to
Family Law Attorneys, Of Interest to General Public, South Carolina Specific 1 Comment»
Tags: Alimony / Spousal Support, Jurisprudence, South Carolina
Court of Appeals, Unpublished
Opinions Posted in Alimony / Spousal Support, Jurisprudence, Of Interest to
Family Court Litigants, Of Interest to
Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific No Comments»
14 Rule 13 - 3 (2) of the Supreme
Court Family Rules provides that any party who wishes to present to the
Court expert
opinion evidence on a financial issue (defined in Rule 13 - 3 (1) as an issue arising out of a claim under Part 5 or Part 6 of the
Family Law Act, SBC 2011, c 25), that evidence must be presented to the
Court by means of a jointly appointed expert unless the
Court otherwise orders or the parties otherwise agree and Rule 13 - 4 applies.
Tags: Child Custody, Jurisprudence, South Carolina
Court of Appeals, Unpublished
Opinions Posted in Child Custody, Jurisprudence, Of Interest to
Family Law Attorneys, Of Interest to General Public, South Carolina Specific 8 Comments»
Tags: Appellate Practice, Jurisprudence, South Carolina Supreme
Court, Unpublished
Opinions Posted in Alimony / Spousal Support, Jurisprudence, Of Interest to
Family Law Attorneys, South Carolina Specific 1 Comment»