A California appellate court has overturned a trial court’s decision to deny a father’s request for a Domestic Violence Restraining Order (DVRO) against his ex-wife, ruling that the lower court applied the wrong legal standard and focused too narrowly on the mother’s intent rather than the pattern of abusive behavior.…
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Embryo Custody Dispute Ends: Court Affirms Dismissal of Claims Against Fertility Clinic
The Illinois Appellate Court has upheld the dismissal of a lawsuit brought by Andrea Miller against Fertility Centers of Illinois (FCI), Dr. Brian Kaplan, and several cryogenic storage companies. Ms. Miller sued after a legal battle with her ex-husband over the custody of cryogenically frozen embryos, claiming the clinic failed…
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Vermont Supreme Court Reverses Family Court on Jurisdiction Over Premarital Agreement Claims
The Vermont Supreme Court has ruled that the Superior Court’s Family Division was wrong to dismiss claims brought by a husband related to alleged breaches of a premarital agreement, stating the lower court *does* have the necessary jurisdiction to hear these matters within the context of a divorce proceeding. The…
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Supreme Court Nullifies Contempt Finding Over Lack of Counsel
The Supreme Court of the Commonwealth of the Northern Mariana Islands has vacated a lower court’s order finding Guy R. Macaranas in criminal contempt and sentencing him to jail time, primarily because he was denied his constitutional right to counsel during a critical hearing. The ruling, issued late last month,…
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Custody Battle Continues: Appeals Court Sidesteps Final Judgment Rule, Denies Jurisdiction Challenge
The Alabama Court of Civil Appeals has navigated a complex custody dispute, resulting in the dismissal of most of the mother’s appeal while simultaneously treating a key jurisdictional challenge as a petition for a writ of mandamus, which was ultimately denied. The case centers on custody of a child, A.R.,…
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Husband Fails to Overturn Divorce Terms in Second Appeal, Despite Financial Strain Concerns
The Alabama Court of Civil Appeals has once again addressed the contentious divorce proceedings between Jonathan Patrick (the husband) and Morgan Patrick (the wife), affirming the trial court’s amended judgment concerning property division and rehabilitative alimony. This marks the second time the parties have appeared before the appellate court in…
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Parents’ Rights Severed in Alabama Case Despite Recent Efforts
The Alabama Court of Civil Appeals has affirmed a juvenile court’s decision to terminate the parental rights of a father (F.D.) and a mother (T.M.) concerning their child, T.D. The appeals court found that clear and convincing evidence supported the termination, emphasizing the parents’ long-term substance abuse issues, failure to…
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Court Reverses Termination of Mother’s Rights, Cites Failure to Weigh Incarcerated Parent’s Rehabilitation Efforts
The Indiana Court of Appeals has partially overturned a trial court’s decision to terminate the parental rights of a mother and father concerning their young child, B.T. In a split decision, the appellate court found insufficient evidence to support the termination of the mother’s rights, while affirming the termination for…
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Court Affirms Decision to Deny Make-Up Parenting Time Despite Clarifying Schedule Dispute
The Second Appellate District of Ohio has affirmed a trial court’s judgment concerning a contentious post-divorce dispute over parenting time, concluding that the mother, Ju Mao, failed to show a due process violation or an abuse of discretion by the lower court. The core of the appeal involved Mao’s efforts…
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Discovery Dispute Upsets Parental Rights Termination in Indiana
The Indiana Court of Appeals has reversed an order terminating the parental rights of J.W. (Father) and T.W. (Mother) over their child, A.W., ruling that the trial court improperly allowed the Indiana Department of Child Services (DCS) to withhold the names and contact information of the child’s numerous former and…