|Family Law Section 2012-2013 Board of Directors|
Newsletter Editor: Rachel Miller
Chair: David N. Marple
Vice Chair/Chair-Elect: Eileen Thomas
Secretary: Gary P. Graham
Treasurer: Anita H. Lynn
Immediate Past Chair: Daniel A. Bloom
Members at Large:
Melinda (Mindy) C. Pillow
Louis J. Tesser
| Next Section Breakfast Meeting|
|Thursday, April 11, 2013 - 7:30 am at the Buckhead Club|
Speaker: Rep. Mary Margaret Oliver
83rd House District
Cost: Section Members:
$18 in advance, $25 at the door
$25 in advance, $30 at the door
register online or return the registration form
Case Law Updates
by Stephanie L. Wilson, Stern & Edlin, P.C. and
Corey A. Aitken, Stern & Edlin, P.C.
|Ford v. Hanna
March 4, 2013
In 2005, the Superior Court of Gwinnett County entered into a divorce decree, divorcing Husband and Wife. Thereafter, Husband relocated to DeKalb County. In 2011, Wife filed a modification petition, in the Superior Court of DeKalb County, as well as a separate contempt action, alleging that Husband failed to pay child support under the terms of the divorce decree. Husband moved to dismiss Wife's contempt action, on the ground that the DeKalb County court lacked jurisdiction. The trial court granted Husband's motion to dismiss, citing the general rule that only the court that rendered the divorce decree (in this case, Gwinnett County), has the jurisdiction to punish a party for contempt.
view entire article
|Apples and Oranges: "What's in a Name?"
by Susan Boyan, LMFT, Family Solutions Counseling Center and the Cooperative Parenting Institute
If you really want an orange, you will not be satisfied with an apple. Sure they are both good for you, they are both round, they grow on trees, they are fruits; but, let's face it, the experience is distinctly different.
Similarly, if you are working with a high-conflict case that requires a professional who can monitor parental compliance-the name you use matters. Using the correct term can make all the difference in what the court may actually want, what the parents expect, and what the professional appointed will be able to accomplish.
The two most easily confused terms are "parenting coordination" and "co-parent counseling." Maybe the confusion is because they both deal with "co-parents" or maybe it is the letters, "PC" and "CP". Whatever the reason, the confusion can be very costly. Both these services address similar goals, yet they are not
interchangeable.view entire article
Smooth Transitions: Tips for an Uneventful Property Exchange after Mediation or Divorce
by Reagan Bush, Kegel McBurney, LLC
Many lawyers breathe a sigh of relief once a case is settled at mediation or a final ruling is issued by the judge. But while the lawyer is finalizing the paperwork, the client must live with the real-world logistics of what was just agreed to or ordered. In addition to issues such as parenting time, which can easily become a point of contention, the exchange of property as ordered or agreed to can become a surprisingly heated and troublesome issue. The following are suggestions that may help to make the property exchange an uneventful encounter.Clarity:
It is important that both parties understand which property is subject to the agreement/order. Some property, such as vehicles, is easily discernible and divided. However, many issues can arise if the order or agreement describes property vaguely, i.e., "Husband's Books." Although it may feel cumbersome, ask your client to specifically describe each property item in order to ensure that both parties' have a shared understanding of that item, and include that description, as succinctly as possible, in any agreement or order. In many instances, a photo of the property shared in mediation or at a hearing may be helpful to avoid disputes. Remember: it is better to be safe than sorry.view the entire article
2013 Family Law Institute Sponsors
The Family Law Section would like to recognize the 2013 Family Law Institute Sponsors.