The husband appealed the judge's denial of his motion to reduce spousal support.
Not exact matches
The case of Re B (Relocation
Appeal)[2015] EWCA Civ1302, [2015] All ER (D) 227 (Dec) is worth considering as the
judge at first instance placed a  # 250,000 charge on a UK property belonging to the mother's new
husband, while permitting the mother to relocate to UAE (a non-Hague State).
In another Court of
Appeal decision called Catsoudas v. Catsoudas, the appeal court was asked to review the trial judge's order — which was given without any articulated reasons — to the effect that the husband should pay $ 1,000 per month to the
Appeal decision called Catsoudas v. Catsoudas, the
appeal court was asked to review the trial judge's order — which was given without any articulated reasons — to the effect that the husband should pay $ 1,000 per month to the
appeal court was asked to review the trial
judge's order — which was given without any articulated reasons — to the effect that the
husband should pay $ 1,000 per month to the wife.
The court of
appeals noted the trial
judge received the letters from the physicians attached to the
husband's motion to continue the trial.
The Virginia Court of
Appeals found there was no abuse of discretion by the trial
judge in denying
husband's request for a continuance or denying his motion to reopen the case.
In this case, the Virginia Court of
Appeals found evidence in the record of
husband's egregious conduct toward wife, thus justifying the divorce court
judge's ruling that
husband was not entitled to spousal support.
Recently, I wrote about an Ontario Court of
Appeal called Stevens v. Stevens that dealt with a number of issues, among them the question of whether the trial
judge's opinion of the
husband had been tainted by the fact that the
husband had had an extra-marital affair.
In Corbett v Corbett [2003] All ER (D) 419 (Feb), which concerned a judgment summons, the
husband appealed on the ground that the manner in which the proceedings had been conducted before the
judge had breached his right to a fair trial under Art 6, as the form M17 had previously been ruled incompatible with the Convention.
The appellant
husband appealed the order of the motion
judge striking his pleadings for failure to comply with court orders and allowing the wife to amend her application.
The
husband brought a motion to stay pending
appeal the motion
judge's order (1) requiring the identification and preservation of assets pending further order of the court, (2) scheduling the wife's contempt motion against the
husband, and (3) permitting the wife to examine to non-parties.
In the
Appeal decision of Shigehiro v Shigehiro, 2017 ABCA 392, a
husband appealed the failure of the trial
judge to find his ex wife could earn more as a waitress and server although the Trial Judge found her efforts to get work fe
judge to find his ex wife could earn more as a waitress and server although the Trial
Judge found her efforts to get work fe
Judge found her efforts to get work feeble.
On subsequent
appeal to the Supreme Court of Canada, the court started by pointing out that «[t] he trial
judge had no difficulty in concluding that Mr. Ryan was a manipulative, controlling and abusive
husband who sought to control the actions of the respondent, be they social, familial or marital.»
The
husband appealed, arguing that the divorce
judge erred in attributing income to him at this level.
The ONCA allowed this ground of
appeal, but rejected the appellant
husband's costs argument, noting that there were many issues at trial and it was unclear that this error materially affected the trial
judge's costs order.
In a previous decision, the court refused leave to
appeal from the motion's
judge's refusal to sever the
husband's claim for divorce.
In Blackett v. Blackett (1989), 40 B.C.L.R. (2d) 99 (C.A.), the Court of
Appeal overturned the trial
judge's decision that the
husband should pay compensation to the wife using the date of separation to value shares in a company found to be a family asset.
The
husband objected, and brought an
appeal to the Court of Appeal, claiming that the judge's award was tantamount to re-distributing the husband's assets in favour of the wife and in preference to his other cred
appeal to the Court of
Appeal, claiming that the judge's award was tantamount to re-distributing the husband's assets in favour of the wife and in preference to his other cred
Appeal, claiming that the
judge's award was tantamount to re-distributing the
husband's assets in favour of the wife and in preference to his other creditors.
In brief reasons, the ONCA adjourned the majority of the appellant
husband's
appeal to September 29, 2016 on condition that the appellant
husband comply with the trial
judge's order regarding spousal support.
The
husband appealed the trial
judge's decision to grant sole custody to the wife.
The respondent wife brought a motion asking the ONCA not to hear the appellant
husband's
appeal until he complied with the trial
judge's order regarding the payment of spousal support and the posting of security for future spousal support payments.
With respect to (2), the ONCA held that neither the evidence before the trial
judge nor the proposed fresh evidence on
appeal supported the
husband's claim that he owed a significant contingent tax liability on the date of separation.
The
husband, self - represented on
appeal, argued that the trial
judge made various errors such as ordering child support in favor of the wife despite her never suffering an economic disadvantage from the marriage -LRB-...?).
The ONCA had previously adjourned the majority of the
husband's
appeal to September 29, 2016 on condition that he comply with the trial
judge's order regarding spousal support.
In A.A. v. Z.G., the court adjourned the portion of the
husband's
appeal related to spousal support until he complied with the trial
judge's order regarding same.
On
appeal to the circuit
judge, the
husband succeeded on the first point, but failed on the second and third points.
On
appeal, King J did not accept that the
judge had treated the case as a «sharing» case, as opposed to a «needs» case and confirmed that the district
judge had regarded the
husband's bonus as part of the maintenance award: «What the district
judge was saying... was that historically the standard of living of this family... was dependant on H's bonus... Had the proportions been different, (more income less bonus), he would have made the basic maintenance award higher.
The trial
judge relied on the 2014 Alberta Court of
Appeal decision of Alpugan v. Baykan, to say the
husband's income earned from is business should not be double dipped where the Court of
Appeal noted:
In an unpublished opinion, the Virginia Court of
Appeals affirmed a Circuit Court
judge's award of fifty percent (50 %) of a
husband's net military retirement pay and spousal support where the wife was living on credit cards, social security, and food stamps.
The Quebec Court of
Appeal considered the matter, and accepted the Superior Court
judge's application of McNeil that a recalcitrant
husband could be jailed, as a last resort (ignoring, completely, the fact that the Court found in McNeil that the
husband's contempt went far beyond simply not paying the Judgment).
In Kyte v Kyte [1987] 3 All ER 1041 the
husband successfully
appealed against the
judge's refusal to take into account the wife's conduct in actively assisting or, alternatively, taking no steps to prevent the
husband's attempts at suicide together with her wholly deceitful conduct in relation to her association with another man.
The
judge adopted this approach and the wife was awarded the former matrimonial home and a lump sum of # 2.2 m. On
appeal, the
husband argued that the lump sum payment should be reduced to # 1.5 m.
Rule of Law Court of
Appeal Varies Trial Decision in Chinn v. Hanrieder The Court of
Appeal, in reasons for judgment released on June 27, 2013, in Chinn v. Hanrieder, 2013 BCCA 310 (CanLII), reversed the trial
judge's holding that Ingrid Hanrieder held her interest in a family trust that held mineral rights on a secret trust for her late
husband's two children, Bette Chinn and Dennis Hanrieder.
[
Appeal of trial court's change of custody granted: To change custody on four factors alone, as enunciated by the trial
judge, and give less than equal weight to the love, affection and emotional ties the son had for and to his mother, her
husband and her other children was found to be an error in law.]»