International Custody Cases In Federal Court Are Complex

custh1.jpgOn July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career.  The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit.  It’s safe to say that this was not your typical custody case.  What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel.  While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.

The Hague Convention was ratified in 1980 and signed by the United States in 1986.  The primary purpose of the Hague Convention is to protect children from wrongful removal or retention from their nation of habitual residence and to put into place a procedure that … Read More... “International Custody Cases In Federal Court Are Complex”

The Name Game Revisited…

sschange2.jpgI haven’t posted on this topic since October 18, 2008. My fellow blogger, Attorney Dick Price, publisher of the Divorce and Family Law Blog in Tarrant County, Texas, wrote an interesting post about trying to “force” a soon to be ex-wife into taking back her former name. The analysis under Ohio law would be the same as his under Texas law. Here is what Dick wrote on April 11, 2009:

A question that comes up occasionally is whether a husband can make his ex-wife change her last name so that she no longer uses his last name. The short answer is NO.

While adults can change their own names either as part of a divorce or as a separate action, the Texas Family Code does not provide a means to force someone else to change her name.

So, if you can’t force her to change her name, can you talk her into it? Maybe, but there are some difficulties associated with the name change. She would have to change her driver’s license and Social Security card. She would need to change over credit cards and loans. In other words, your ex-wife may not want to put up with the aggravation … Read More... “The Name Game Revisited…”

Hitting The Airwaves With “Big George” On The BBC

bg2.jpgEngland is trying to catch up with Ohio and the rest of the United States when it comes to Family Law.  Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements.  Prenuptial agreements (also called antenuptial agreements) in one form or another have been around for a very long time.  The Supreme Court of Ohio in 1984 held in Gross v. Gross that, under certain circumstances, they are valid and the terms should be enforced by Ohio courts.

On July 2, 2009, I received an interesting phone call from a journalist from the BBC in London, England.  He wanted to know if I would be interested in commenting on the recent case holding and also sharing some insights about prenuptial agreements from the perspective of an American family law attorney.  I read the decision in the case of Radmacher v. Granatino and agreed to be interviewed a few hours later by “Big George” Wembly, the host of the live ‘Late Show’ on BBC-London radio station 94.9.

After a little research, I learned that “Big George” is an iconic broadcaster in London having had an extensive music career … Read More... “Hitting The Airwaves With “Big George” On The BBC”

The Red Ones Are the Best!!!

4thj.jpgIt seemed appropriate that I should write something for the blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family-law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over. Warm weather was here and a family vacation was near. Having grown up in New Jersey, I loved cookouts with family,seeing friends at the pool, or even better, going “down the shore”. Riding the waves, salt-water taffy, the boardwalk, and of course, sunburn.

Being 55 years old, I remember fireworks galore exploding in ways that were … Read More... “The Red Ones Are the Best!!!”

Kids Say That Divorced Parents Should Pay The Same Amount For Child Support

child_surv.jpgI came across an interesting survey last month in the Gordon Poll Youth Survey published by the Wilmington Institute Network. Dr. Robert Gordon is the founder and director of the Wilmington Institute of Trial and Settlement Sciences. He is a past president of the Texas Psychological Association and is author of “On the Witness Stand.” He is both a clinical psychologist and a lawyer. The work of Dr. Gordon and the institute team has been featured on the MacNeil-Lehrer News Hour, ABC, Nightline, CNN, Fox News, Larry King Live, Good Morning America and USA Today.

The Gordon Poll Youth Survey focuses on family life issues. It is conducted for the benefit of parents, educators and members of the legal and mental health professions. The May 2009 survey was compiled from a sample size of 1,000 children between ages 14-18, and they are from a self-selected national sample that includes all 50 states.

The Question for May was: “In a divorce, how much money should each parent pay to support their children?” n for May was: “In a divorce, how much money

Answers in %

Each parent should pay the same

[bar.gif] 40.22%

The parent who earns more should pay more

… Read More... “Kids Say That Divorced Parents Should Pay The Same Amount For Child Support”

A Dramatic New Guardian Ad Litem Rule in Ohio

gal_change.jpgThe Ohio Supreme Court instituted new rules on March 1, 2009, regarding the role and responsibilities of a Guardian ad Litem (GAL).  Ohio Rule of Superintendence 48 codifies these rules.  As background, a GAL is a person appointed by the court in both domestic relations and juvenile cases to protect the best interest of the child.  The GAL typically issues a Report to the court detailing the investigation and setting forth a recommendation.  It is not uncommon for a GAL to be involved in most juvenile cases and in many domestic relations cases involving minor children.  Prior to Rule 48 there were no uniform GAL rules in Ohio, but many courts have had their own rules; and in addition, lawyers serving as GAL’s were bound by the Ohio Rules of Professional Conduct.

The new Rule does several things.  But the most important may be establishing certain training requirements and defining the responsibilities of the GAL in his or her investigation.  Finally, the Rule sets forth what must be included in the GAL’s Report.

The first major element in the rules is that it sets forth specific training requirements.  Previously, in some Courts there were virtually no training requirements. In other … Read More... “A Dramatic New Guardian Ad Litem Rule in Ohio”

Children’s Extracurricular Activities A Delicate Balancing Act Post Divorce

In the second of a two-part series, attorney Robert Mues discusses the impact that a divorce may have on juggling a child’s activities and parenting time.

extra_act2.jpgA recurring battle that I see in my family law practice is how to juggle a child’s extracurricular activities after a divorce.  There is no black and white answer, of course, to this question.  In many cases where there is shared parenting or both mother and father continue to communicate with each other and place the child’s best interest in perspective, both parents will attend the child’s after-school activities and will seamlessly foster the child’s continued participation in the activities no matter which home the child may be residing in.  However, in a large number of post-divorce situations, especially in high conflict cases or where the parties do not live in close proximity with one another, continuation of extracurricular activities can present a major problem.

Oftentimes, I hear a non-custodial parent complaining that the custodial parent has enrolled the child in numerous extracurricular activities which prevent or impede the non-custodial parent from having any meaningful one-on-one parenting time with the child.  Many courts throughout Ohio and other states have adopted a provision in their … Read More... “Children’s Extracurricular Activities A Delicate Balancing Act Post Divorce”

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