News & Analysis as of

Family Law Courts Appeals

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

Dickinson Wright on

A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Bowditch & Dewey

Cavanagh Strikes Again – Income for Calculating Child Support

Bowditch & Dewey on

In 2022, the Massachusetts Supreme Judicial Court (SJC) issued a major decision impacting the calculation of alimony and child support. In Cavanagh v. Cavanagh, in addition to setting a new procedure for determining alimony...more

Carlton Fields

Florida Appeals Court Decisions Week of July 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more

Cozen O'Connor

Case Spotlight: Schrader v. Schrader and Setting Aside Separation Agreements

Cozen O'Connor on

In Schrader v. Schrader, 2025 BCCA 50 (Schrader v. Schrader), Mr. Schrader argued that his ex-spouse was bound to a previously agreed separation agreement. The BC Court of Appeal rejected Mr. Schrader's argument and upheld...more

Awatif Mohammad Shoqi Advocates & Legal...

Hierarchy In Family Court And The Process To Appeal

How can a family court decision be appealed? Although it is easy to obtain information regarding family laws in the UAE, people are generally unaware about the procedural aspects of the family court process. In this...more

Esquire Deposition Solutions, LLC

Appellate Court Affirms $10K Sanction for Refusal to Turn on Webcam

California courts take seriously their rules against gamesmanship in pretrial discovery – as one lawyer recently learned. A stiff sanction, nearly $10,000, was the price he paid for refusing to turn on his laptop’s webcam,...more

Cozen O'Connor

Sandhu v Mangat: BC Supreme Court Rules on Parenting Coordinators and Section 7

Cozen O'Connor on

In the recent case of Sandhu v Mangat, 2025 BCCA 34, the BC Supreme Court shed some light on the scope of parenting coordinators’ (PC) jurisdiction and section 7 expenses relating to ‘special or extraordinary expenses’ under...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Carlton Fields

Florida Appeals Court Decisions Week of April 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Rivers - search and seizure, sentencing - Bidi Vapor v. USFDA - administrative review, pre-market tobacco product application - Henry v. Tuscaloosa Sheriff - sex...more

Offit Kurman

Challenging a Custody Decision in South Carolina: Understanding the Family Court Appeals Process

Offit Kurman on

The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more

Dickinson Wright

The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

Dickinson Wright on

In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only...more

Cozen O'Connor

Caution, Your Family Arrangement May Not Hold Up in Court

Cozen O'Connor on

While marriage and cohabitation agreements are great financial planning tools increasingly used by parties wishing to tailor their obligations and responsibilities following separation, the recent case of Bradley v. Callahan,...more

Cozen O'Connor

BC Court of Appeal Clarifies the Appropriate Approach to Tracing Co-Mingled Property

Cozen O'Connor on

In the recent case of Mills v. O’Connor, 2025 BCCA 34, the BC Court of Appeal offered some fresh insight on the relatively new and unsettled area of tracing property under the Family Law Act (the FLA). Under the FLA, the...more

Fox Rothschild LLP

Appellate Division Addresses Termination of Alimony at Retirment, Focusing on Whether Recipient Had or Could Have Saved for...

Fox Rothschild LLP on

Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

Fox Rothschild LLP on

Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

Conn Kavanaugh on

While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

Fox Rothschild LLP on

The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Fox Rothschild LLP

Resisting The Urge To Give The Trial Court One Last Chance—Déjà Vu

Fox Rothschild LLP on

Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun, but it is often necessary. Indeed, the Appellate Rules usually...more

Stange Law Firm, PC

Does it make sense to appeal?

Stange Law Firm, PC on

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

Proskauer - Proskauer For Good

NY Appellate Division Decision Provides Equity for Guardians of Limited Means

Last week, Proskauer obtained a critical victory for our client—a grandmother acting as guardian for her two learning-disabled grandchildren—in an appeal to the Appellate Division, First Department. The appeal challenged a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

Jaburg Wilk on

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

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

Jaburg Wilk on

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

Proskauer - Proskauer For Good

New Coalition Pressing for Court Reform in New York State

The Fund For Modern Courts and Proskauer hosted representatives from a diverse coalition of organizations in New York State and leaders of the state bar at our New York office on May 3 to discuss the necessity of court reform...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide