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Appellant Molly Kent challenged a specific ruling of the family court on her request to modify a child custody and child support order issued by a North Carolina court. The family court granted in part and denied in part the appellant's request, without first determining whether the California court had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Accordingly, without reaching the merits of the arguments related to the substantive ruling on appeal, the California Court of Appeal reversed the order because, based on the record before the family court at the time it ruled, the court lacked jurisdiction to modify the North Carolina order. View "In re Marriage of Kent" on Justia Law

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In this dissolution proceeding, Stephanie George appeals an order requiring her to pay $10,000 in sanctions pursuant to Family Code section 271 to her ex-husband Daniel Deamon after Deamon was required to file a motion for entry of judgment pursuant to the terms of the parties' settlement. George contends that the family court erred by awarding sanctions without considering any oral testimony, relying instead on documents submitted in support of the sanctions motion. The Court of Appeal concluded George's argument lacked merit, and accordingly affirm the order. View "In re Marriage of George & Deamon" on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment to St. Luke's in an action brought by plaintiff, alleging that the hospital interfered with her rights under the Family and Medical Leave Act (FMLA). The court held that plaintiff's case consists of an unpersuasive argument of temporal proximity combined with her subjective belief that she was being treated differently and a few stray comments that she perceived to interfere with her FMLA rights. The evidence did not undermine or even raise a genuine issue of material fact regarding St. Luke’s legitimate, nondiscriminatory reasons for her termination: her work performance. Therefore, plaintiff failed to present a submissible case of retaliation for exercising her FMLA rights. View "Beckley v. St. Luke's Episcopal-Presbyterian Hospitals" on Justia Law

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The Supreme Court affirmed the decisions of the family court granting an absolute divorce to Defendant and his former wife, Plaintiff, and ordering an equitable distribution of their marital assets, holding that Defendant's arguments were without merit. Specifically, the Court held (1) the family court had jurisdiction to grant Plaintiff's complaint for divorce, as well as Defendant's counterclaim for divorce, even to those whose religious beliefs repudiate divorce; (2) the family court justice did not abuse her discretion in disproportionately distributing the parties' marital assets; and (3) the family court justice did not abuse her discretion in imposing sanctions requiring Defendant to pay Plaintiff's reasonable attorney's fees under Rule 11 of the Family Court Rules of Procedure for Domestic Relations. View "Smith v. Smith" on Justia Law

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The Supreme Court affirmed the order of the circuit court terminating Mother's parental rights to her son, holding that the circuit court did not commit reversible error by denying Mother's counsel's motion to withdraw. The Arkansas Department of Human Services opposed the motion to withdraw, arguing that Mother had been served under Ark. R. Civ. P. 5 and that she had over a month to fire her attorney and hire a new one. The circuit court denied the motion. On appeal, Mother argued that, by denying the motion, the circuit court violated her Sixth Amendment right to counsel of one's choosing. The Supreme Court affirmed, holding that the denial of the motion to withdraw was not an issue preserved on appeal and that, even if this Court were to consider the merits of Mother's constitutional claims, her argument would still fail. View "Langston v. Arkansas Department of Human Services" on Justia Law

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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dividing marital property, awarding spousal support and attorney fees to Kathleen Taylor in the underlying action for divorce, and levying contempt orders against Bruce Taylor in the proceedings, holding that the spousal support awards and the award of attorney fees must be reversed and remanded. Specifically, the Court held (1) the circuit court did not abuse its discretion in dividing the marital assets; (2) the court abused its discretion by failing to reconsider the interim support order and by maintaining the order until the court rendered its decision seven months after trial; (3) the circuit court did not err in finding Bruce in contempt of court; and (4) the circuit court's award of attorney fees to Kathleen was an abuse of discretion because the award was not based upon an itemized statement of fees provided by Kathleen. View "Taylor v. Taylor" on Justia Law

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The Supreme Judicial Court affirmed the judgment of the district court denying Appellant's motion to modify the parties' divorce judgment and her mother for the court to reconsider that order, holding that the district court did not err in its judgment. On appeal, Appellant argued that the court summarily dismissed the guardian ad litem's report, testimony, and recommendations regarding primary residency and that the court erred by denying Appellant's motion for reconsideration. The Supreme Judicial Court held (1) the record evidence did not compel the court to conclude that it would be in the child's best interest to reside primarily with Appellant; (2) the court did not abuse its discretion by denying Appellant's motion for reconsideration; (3) the court did not "summarily dismiss" the court-appointed guardian ad litem's testimony; and (4) Appellant's contention that the court's analysis was incomplete was without merit. View "Roalsvik v. Comack" on Justia Law

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The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her three children, holding that the court properly determined that Mother was parentally unfit and that termination of her parental rights was in the best interests of the children. The district court terminated Mother's parental rights pursuant to Me. Rev. Stat. 22. 4055(1)(B)(2)(a), (b)(i)-(ii). The Supreme Judicial Court affirmed, holding (1) the record supported the court's finding that Mother was parentally unfit and that termination of her parental rights was in the children's best interests; and (2) the court did not abuse its discretion in its ultimate decision to terminate Mother's parental rights. View "In re Children of Jessica D." on Justia Law

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The parties divorced in November 2004. As part of the divorce, the court ordered wife to transfer funds from her retirement account to husband. In 2006, the court approved a proposed Qualified Domestic Relations Order (QDRO) to effectuate the transfer of those funds. The order was never “qualified,” however, because there was no money in the retirement account that wife identified. The court approved another proposed QDRO in February 2007 specifying a different retirement account identified by wife. In August 2017, husband filed a motion to enforce, asserting that the owed funds were never transferred to him and that there were no funds in the second retirement account that wife identified. The court denied husband’s motion to enforce, finding it barred by the eight-year statute of limitations for actions on judgments. The Vermont Supreme Court did not consider husband’s attempt to effectuate a transfer of these retirement funds by QDRO to be an action on a judgment, and therefore reversed and remanded. View "Johnston v. Johnston" on Justia Law

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The Supreme Court reversed the order of the district court for Seward County denying the request sought by Jami Hollomon, the mother of a minor child, seeking to register an order by the State of Texas adjudicating parentage and establishing a parenting plan for the child, holding that the district court abused its discretion in denying Hollomon's request to register the Texas order in Nebraska. In its order, the State of Texas adjudicated parentage and established a parenting plan as between Hollomon and Alex Taylor, the unmarried parents of the child. The district court denied Hollomon's request to confirm and register the order in Nebraska, concluding that it should decline jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Neb. Rev. Stat. 43-1226 to 43-1266. The Supreme Court reversed, holding (1) the Texas order may be registered in Nebraska; and (2) concerns about whether the district court for Seward County may exercise jurisdiction over the child custody proceeding were not yet implicated. View "Hollomon v. Taylor" on Justia Law