Justia Family Law Opinion Summaries

Jerome Lowe, Jr. appealed the grant of a domestic violence protection order, arguing the district court erred in granting the order and failed to make sufficient findings to enable the North Dakota Supreme Court to properly review the order. The Supreme Court concurred the findings were insufficient, so it remanded with instructions for the district court to make sufficient findings to enable review of the order. View "Legacie-Lowe v. Lowe" on Justia Law

The Agency filed a Welfare and Institutions Code section 300 petition on behalf of eight children, alleging sexual abuse. Mother initially indicated that her deceased mother “had some Native ancestry.” Father reported “no Native American ancestry.” Days later, Mother reported that “she is not Native American and she paid for genetic testing.” At the detention hearing, Mother’s counsel represented that Mother has no Indian ancestry that she knows. The juvenile court responded: "Maybe there was a misunderstanding. I’ll make a finding that the Indian Child Welfare Act (ICWA, 25 U.S.C. 1901) does not apply.” Mother's ICWA-020 form indicated “no Indian ancestry as far as I know.” Father's form indicated “None.” The maternal aunt and the paternal grandfather both reported no documented information about Native American ancestry.After the contested hearing, the juvenile court declared dependency. A maternal cousin, the grandfather, and an aunt attended. The court again asked about Native American ancestry. The parents responded no. The court's finding that ICWA did not apply was included in the order.The parents did not challenge the jurisdictional findings or the dispositional orders but alleged that the Agency failed to satisfy its initial duty of inquiry into the children’s possible Native American heritage. The court of appeal affirmed, rejecting their contention that the Agency was required to interview five additional extended family members, acknowledging that the Agency and the juvenile court have an “affirmative and continuing” duty of inquiry. View "In re E.W." on Justia Law

Appellants were the maternal grandparents of the dependent child C.P. At a permanency hearing under Welfare and Institutions Code section 366.26, the juvenile court ordered a legal guardianship for the child and appointed grandparents as his guardians. Grandparents contended the court should have instead selected adoption as the child’s permanent plan and designated them as the child’s prospective adoptive parents. The Court of Appeal agreed with grandparents and therefore reversed the order of legal guardianship. The Court directed the juvenile court to reconsider the matter given this opinion and any changed circumstances. View "In re C.P." on Justia Law

The Supreme Court affirmed the decree of the family court in favor of Mother and permitting Mother to vaccinate the parties' two minor children for COVID-19 consistent with the recommendation of the children's pediatrician, holding that there was no error.In 2020, the family court entered a final judgment of divorce between the parties setting forth provisions governing the children's custody and visitation, including the provision that "[n]either party shall unreasonably withhold his or her consent to medical treatment for the children or the administration of medication recommendation by the pediatrician of the children." In 2022, Plaintiff filed a motion for relief after final judgment seeking the court's permission to vaccinate the children for COVID-19, consistent with the pediatrician's recommendation. The trial justice allowed the motion. The Supreme Court affirmed, holding that the trial justice's factual findings did not overlook or misconceive any aspect of the matter, nor were they otherwise clearly wrong. View "Nagel v. Nagel" on Justia Law

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