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The Supreme Court affirmed the circuit court’s issuance of protection orders in favor of Abigail Parker against both her husband Jordan Parker and Jordan’s sister, Jasmyn Bauer. The court (1) the court did not err in granting a protection order against Jordan on the grounds of domestic abuse because the court’s findings supported that Jordan knowingly and willfully engaged in a series of acts that repeatedly harassed Abigail; (2) the court’s findings supported the issuance of a protection order entered against Jasmyn; and (3) none of the parties was entitled to attorneys’ fees pursuant to S.D. Codified Laws 26A-87.3. View "Parker v. Parker" on Justia Law

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The Supreme Court affirmed the circuit court’s termination of her parental rights to Child. Specifically, the court held (1) the circuit court’s interpretation of S.D. Codified Laws 16-22-6 did not result in the court relying on improper evidence, and the court did not err when it took judicial notice of two previous abuse and neglect files and Mother’s previous criminal files; and (2) the circuit court did not clearly err in determining that Mother could only remain sober in an institution such as the South Dakota State Women’s Prison and did not err in determining that termination of parental rights was the lease restrictive alternative. View "In re A.K.A.-C." on Justia Law

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The trial court entered judgment dissolving the marriage of Plaintiff and Defendant. During the pendency of the divorce action, Plaintiff sold shares of stock and exercised certain stock options without first receiving permission from Defendant or the trial court. The trial court found that Plaintiff’s transactions violated orders automatically entered under Practice Book 25-5 but that the violations were not willful. Because the transactions caused a significant loss to the marital estate, the trial court awarded a greater than even distribution of the marital property to Defendant. The Appellate Court reversed the trial court’s financial orders, concluding that, in an absence of a finding of contempt, the trial court lacked the authority to afford Defendant a remedy for Plaintiff’s violations of the automatic orders. The Supreme Court reversed, holding that the trial court properly exercised its discretion in considering Plaintiff’s violations of the automatic orders in its division of the marital assets. View "O'Brien v. O'Brien" on Justia Law

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Jane Doe (“Mother”) and John Doe (“Father”) were married for twenty-five years and had eleven children between three years of age and twenty-two years of age. In March 2015, the family moved to Spirit Lake, Idaho, to become members of another religious community. The oldest daughter, who was then fourteen years of age, disclosed to that community that Father had sexually molested her when she was a child, starting when she was four or five years of age and ending when she was fourteen; that when she was six, seven, or eight years of age, she told Mother, but Mother did nothing to protect her; and that when she was twelve years of age, the molestation became less frequent as Father began sexually molesting a younger sister who was six years of age. Members of that community encouraged Father to confess to law enforcement, and he and Mother went to the county sheriff’s office and confessed to sexually molesting two of his daughters while they lived in Washington state. Because the offenses did not occur in Idaho, he was not arrested. Members of the community met with Father and Mother and developed with them a plan to protect the other children from Father sexually molesting them. Father and Mother violated the provisions in the plan, and a member of the community contacted the Idaho Department of Health and Welfare (“Department”). The visit ultimately led to charges against Father, in which he pled guilty and was sentenced to ten years in prison and a lifetime of supervision. The Department filed a petition to terminate Father’s and Mother’s parental rights in their minor children. After a two-day evidentiary hearing, the magistrate court found that the Department had proved by clear and convincing evidence that there were grounds for terminating the parental rights of Father and Mother in their minor children. It entered judgments terminating the parental rights of both parents, and they timely appealed. Finding that substantial and competent evidence supported the termination decision, and that termination was in the best interests of the children, the Idaho Supreme Court affirmed. View "Re: Termination of Parental Rights" on Justia Law

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At issue in this case was the modification of a default judgment requiring that the parents of a child rotate custody of their three-year-old child every three weeks. The father lived in Blackfoot; the mother lived out of state in Oceanside, California (913 miles away). The Idaho Supreme Court held that the magistrate court abused its discretion in ordering that custody rotation. In addition, the mother had moved to modify the judgment by default, but did not move to set aside the entry of default. The Supreme Court held that the father waived the default by litigating the motion to modify. View "Martinez v. Carrasco" on Justia Law

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James Black appealed an order of the district court denying Dorothy Black’s motion for contempt but nonetheless ordering James to pay Dorothy a sum that the court determined he owed her pursuant to the parties’ divorce judgment. Specifically, James argued that the court lacked authority to grant Dorothy any form of relief upon denying her motion for contempt, which was not accompanied by a motion to enforce. The Supreme Judicial Court affirmed, holding that, under the unique circumstances of this case, the court acted within its authority by issuing an order requiring James to pay Dorothy the arrearage owed to her and that James was not unfairly prejudiced as a result. View "Black v. Black" on Justia Law

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Wife Tracy Hardin was granted a discretionary appeal of the grant of partial summary judgment to Husband John Hardin in this divorce case. The issue on appeal was whether the trial court erred in concluding as a matter of law that certain disability benefits issued pursuant to an insurance policy are non-marital property and are not subject to equitable division. Finding that it did not, the Georgia Supreme Court affirmed the trial court’s judgment. View "Hardin v. Hardin" on Justia Law

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A.J. and R.G. were the parents of three children, then-aged ten, nine and seven years old. In November 2011, A.J. was arrested and deported to Mexico after he assaulted R.G. R.G. obtained an order prohibiting A.J. from having contact with her and the children. After A.J. was deported, the San Diego County Health and Human Services Agency (Agency) investigated 13 child protective services referrals on behalf of the children. The referrals were largely related to R.G.'s alcohol use and failure to supervise the children. In February 2013, October 2013, and February 2014, the Agency substantiated allegations that R.G. was neglecting the children. In October 2015, the Agency detained the children in protective custody and initiated dependency proceedings after an "extremely intoxicated" R.G. was arrested and jailed on charges of grand theft. A.J. appealed after a 12-month review hearing at which the juvenile court returned his children to their mother's care. He contended the court erred when it found that he had been offered or provided reasonable services. The Court of Appeal agreed and reversed the reasonable services finding as to A.J. In all other respects, the findings and orders were affirmed. View "In re A.G." on Justia Law

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Caitlyn E., a Yupik woman, was the mother of Maggie and Bridget, ages nine and six at trial, who are Indian children within the meaning of the Indian Child Welfare Act (ICWA) based on their affiliation with the Orutsararmiut Native Council (the Tribe). Caitlyn struggled with abuse of both legal and illegal drugs since a young age. Maggie tested positive for cocaine and marijuana when she was born. The Office of Children’s Services (OCS) received other reports of harm; at a doctor’s visit when the girls were toddlers, they reportedly had multiple impetigo sores on their bodies and had to be cleaned by the doctor, and Caitlyn smelled like marijuana. Caitlyn was also reported to have been violent toward both her daughters, kicking Maggie and giving her a bloody nose, and, while drunk, swinging Bridget around “like a rag doll.” The superior court terminated a Caitlyn's parental rights to the two girls. She appealed, contesting the qualification of the ICWA-required expert witness and the finding that OCS made active efforts to prevent the breakup of the Indian family. Because the superior court’s decision to qualify the expert witness was not an abuse of discretion, and because the superior court’s active efforts finding was not erroneous, the Alaska Supreme Court affirmed the termination of the mother’s parental rights. View "Caitlyn E. v. Alaska Dept. of Health & Social Svcs." on Justia Law

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In 2014, the Mississippi Supreme Court issued its opinion in Gutierrez v. Gutierrez, 153 So.3d 703 (2014), affirming the chancellor’s judgment in part and reversing it in part, remanding the case for the resolution of three overarching issues. Clayton Gutierrez appealed the chancellor’s decisions concerning the issues on remand, outlined in the chancery court’s September 22, 2015, December 29, 2015, and February 26, 2016, orders. In all, Clayton raised five alleged errors. Finding that the court neither abused its discretion nor erred in its decision, the Supreme Court affirmed the chancellor’s judgments on the matter. View "Gutierrez v. Gutierrez" on Justia Law