Justia Family Law Opinion Summaries

The Supreme Court dismissed these appeals involving a settlement regarding the distribution of the decedent's estate for lack of appellate jurisdiction, holding that the lower court's order was not final and appealable.After the decedent died, his widow retained an undivided one-half interest in land holds, and the other one-half interest went into a trust. One of the three children brought three separate actions against two of the three children and the widow, and the parties signed a mediated settlement memorandum. Thereafter, Plaintiff successfully moved in all three cases for the court to enforce the settlement memorandum the court issued an order finding the settlement memorandum to be valid and enforceable. Defendants appealed. The Supreme Court dismissed the appeals for lack of jurisdiction, holding that the order being appealed from was not a final judgment because it did not dispose fully of the underlying cases, which remained pending below. View "Paxton v. Paxton" on Justia Law

Plaintiff David Loik appealed a superior court order dismissing his petition for the partition and sale of real estate. At issue was whether the superior court or the circuit court had subject matter jurisdiction over this matter. Because the New Hampshire Supreme Court concluded that, under the applicable statute, the circuit court and not the superior court had subject matter jurisdiction, it vacated and direct the superior court to transfer the petition to the circuit court. View "Loik v. Loik" on Justia Law

The Supreme Court affirmed the order of the district court granting petitions made by Lorri Williams to formally probate the estate of Gerry Williams, her ex-husband, and to remove Vicki Hofedlt as personal representative of Gerry's estate, holding that the district court did not err or abuse its discretion.Gerry and Lorri had two daughters, Brittany Williams and Vicki, during their marriage and later divorced. After Gerry died, Lorri paid for his funeral expenses. Vicki then filed an application for informal probate. Lorri filed a creditor's claim claiming funeral expenses and then filed a petition for formal probate asserting that the divorce decree was a testamentary instrument that needed to be probated along with Gerry's will. Lorri also filed a petition to remove Vicki as personal representative of Gerry's estate. The district court granted both petitions. The Supreme Court affirmed, holding that Vicki was not entitled to relief on her claims of error. View "In re Estate of Williams" on Justia Law

Michael Reid appealed a magistrate court’s decision modifying the custody and visitation schedule involving his minor child whose custody he shared with his ex-wife, Victoria Plasse. Both parties moved to modify the prior judgment, arguing that there had been a material, substantial, and permanent change in circumstances requiring a modification of the child custody and visitation schedule. The magistrate court conducted a bench trial and determined that indeed there had been changes in circumstances requiring modification of the custody and visitation schedule. The magistrate court analyzed each of the factors listed in Idaho Code section 32-717 to determine how the schedule should be altered, and determined both parents would continue to share joint legal and physical custody of their minor child but amended the visitation schedule to minimize interactions between the parents, which had been a source of contention between them. Reid appealed the modified judgment. Finding no reversible error, the Idaho Supreme Court affirmed the magistrate court. View "Plasse v. Reid" on Justia Law

The First Circuit affirmed the denial of Appellant's request for an award of attorney's fees and the costs of translation services, holding that there was no error.Appellant brought an action against her husband, Appellee, in federal court, alleging causes of action for divorce, custody, child support, alimony. Appellee moved to dismiss the claims for lack of jurisdiction. The Court of First Instance granted the motion to dismiss. Thereafter, Appellee filed a petition under the International Child Abduction Remedies Act and the Hague Convention requesting that the district court order the return of the parties' minor children to their "habitual residence" in Colombia for resolution of the custody proceedings under Colombia law. The court of appeals reversed the judgment in Appellant's action, holding that the Court of First Instance erred by dismissing the complaint in its totality. The district court then dismissed Appellee's action on abstention grounds. Appellant subsequently sought an award of attorney fees and costs for translation services. The district court denied Appellant's requests. The First Circuit affirmed, holding that the district court did not abuse its discretion in denying Appellant's requests for attorney's fees and costs of translation services. View "Mata-Cabello v. Thula" on Justia Law

The Supreme Court reversed the decision of the court of appeals determining that provisions in the settlement agreement in this case were ambiguous, holding that the plain language of the settlement agreement was unambiguous.After Defendant and Melissa Galloway Snell executed a memorandum of mediated settlement agreement a judgment a divorce was granted to the parties. At issue was a life insurance policy on Melissa's life that listed the Melissa Galloway Snell Living Trust as the policy's beneficiary. The parties' four children were beneficiaries of the trust. When Defendant claimed that he was entitled to the proceeds from Melissa's policy the trust brought suit seeking a declaratory judgment. The trial court granted the trustee's motion for summary judgment. The court of appeals reversed, concluding that the relevant language of the settlement agreement was ambiguous. The Supreme Court reversed, holding that the court of appeals erred by concluding that the settlement agreement was ambiguous. View "Galloway v. Snell" on Justia Law

The Supreme Court modified the decision of the court of appeals affirming the denial of a petition to terminate Father's parental rights and clarified the correct standard of review at the adjudication and dispositional stage, holding that there were no grounds to terminate Father's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(1), (4), or (7).Mother filed a petition to terminate Father's parental rights, alleging that grounds for termination existed under section 7B-1111(a0(1), (4), and (7). In denying the petition, the trial court found that Father made an effort to have a relationship with his child but was blocked from doing so, that the child was not neglected, and that Father had not willfully abandoned the child. The court of appeals affirmed. The Supreme Court affirmed as modified, holding (1) the trial court did not err in concluding that the grounds necessary to terminate Defendant's parental rights did not exist; and (2) the court of appeals' decision is modified to the extent it could be read to be applying an abuse of discretion, rather than a clear, cogent, and convincing evidence, standard of review at the adjudicatory stage of the proceeding. View "In re S.R." on Justia Law

The Supreme Court reversed the decision of the court of appeals vacating the orders of the trial court dismissing Mother's terminating MOther's parental rights, holding that the trial court did not err.After a hearing, the trial court terminated Mother's parental rights. The court of appeals remanded the case for a new hearing, citing its concerns about the fundamental fairness offered to Mother before the trial court dismissed her provisional counsel. The Supreme Court reversed and remanded the case for further proceedings, holding (1) the trial court complied with the legislature's enactments concerning provisional counsel under N.C. Gen. Stat. 7B-1108.1(a)(1) and properly considered at the pretrial hearings the issues listed in N.C. Gen. Stat. 7B-1101.1(a)(1); and (2) therefore, the court of appeals erred by reversing the judgment of the trial court. View "In re R.A.F." on Justia Law

The Supreme Court modified and affirmed the decision of the court of appeals affirming the judgment of the trial court in this termination of parental rights case, holding that any error was harmless.The trial court in this case referenced a timeline introduced into evidence and expressly relied on that timeline, which the court found to be "credible and reliable," in determining that grounds existed to terminate Respondent's parental rights for willful failure to make reasonable progress under N.C. Gen. Stat. 7B-1111(a)(2). The Supreme Court affirmed as modified, holding (1) the trial court's findings of fact were proper because the trial court did not merely accept and rely upon the timeline but expressly evaluated whether the timeline was credible and reliable; (2) there was no error in the trial court's disposition order; and (3) if the trial court erred by permitting an amendment that added an additional ground for termination, the error was harmless. View "In re H.B." on Justia Law

The Supreme Court affirmed the judgment of the juvenile court changing the permanency plan for a minor child (Child) from reunification to adoption, holding that there was no error.In 2021, the State filed a petition against Mother alleging neglect of Child. The juvenile court removed Child from the home follow a hearing and placed Child into non-relative foster care. In 2022, the Department of Family Services (DFS) recommended that the juvenile court change the permanency plan from reunification to adoption. The juvenile court conducted an evidentiary hearing and then issued an order changing the permanency plan from reunification to adoption. The Supreme Court affirmed, holding (1) the juvenile court did not err in excluding Child's maternal grandmother as a placement option; (2) the juvenile court did not err in changing the permanency plan from reunification to adoption and allowing DFS to cease further reunification efforts; and (3) Father was not materially prejudiced by his absence from a shelter care hearing. View "AG v. State" on Justia Law