New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 18, 2020
In their Mediation column, Abby Tolchinsky and Ellie Wertheim explain how mediation is a natural enclave for parties handling all types of conflict, particularly in these fraught times. They show that mediators are uniquely positioned to assist parties in this overwhelming moment of crisis.
New York Law Journal | Expert Opinion
By Amy Carron Day | August 17, 2020
Prenuptial agreements are hard enough for couples; exploring issues with both parties before presenting a first draft of the agreement, or using Mediation or Collaborative attorneys can help make the process easier, and create happier and more committed clients.
New York Law Journal | Expert Opinion
By Reid Aronson | August 12, 2020
Co-parenting issues that you should be discussing with your co-parent now in the hopes you don't have to end up in court later.
New York Law Journal | Expert Opinion
By Eric Wrubel | August 6, 2020
Prior to March 18, 2020, fathers typically would demand 50/50 access time with their child following a divorce. Amid the pandemic, the custodial landscape has experienced a tectonic shift. Both litigants, lawyers and judges have had seismic experiences which will likely shift their approach to custodial issues in New York courts.
New York Law Journal | Expert Opinion
By George B. Daniels and Joel R. Brandes | August 4, 2020
The domestic relations exception was initially an exception to the exercise of diversity jurisdiction on the subject of divorce or alimony.
New York Law Journal | Analysis
By Daniel Pollack and Julia Sands | August 3, 2020
The persistent use of drugs and alcohol can lead to many health and mental health impairments. In particular, the incidence of co-occurring chronic substance abuse and child abuse/neglect and its effects on the ability to parent have been well documented.
By Jane Wester | August 3, 2020
The new measure effectively adds another seven months to the revival period, allowing "look-back" claims to be filed up until Aug. 14, 2021. To try to avoid a backlog in claims prior to the pandemic, the Office of Court Administration designated judges for the cases around the state and provided special training on issues related to child sex abuse.
By Angela Turturro | July 27, 2020
In this Special Report: "NY Adds a New Factor to Consider for Equitable Distribution: Domestic Violence," "Surrogacy Agreements Approved by New York...With Provisos," "'Fields v. Fields': The 'Townhouse Stoop-Sweeping' Case 10 Years Later," "Calling the Child's Therapist as a Witness in a Custody Case" and "SCOTUS 'Clarifies' 'Habitual Residence' Under the Hague Convention."
New York Law Journal | Expert Opinion
By Valentina Shaknes and Justine Stringer | July 24, 2020
After several decades of inconsistent interpretations by federal courts of the term "country of habitual residence" that is key to the cases under the Hague Convention on Civil Aspects of International Child Abduction, the U.S. Supreme Court finally has spoken. Or has it?
New York Law Journal | Expert Opinion
By Lisa Zeiderman and Matthew Marcus | July 24, 2020
In high conflict divorces, the child's therapist plays a unique role. While the therapist likely offers an invaluable perspective on the needs and interests of their patient, such perspective may, and often does, conflict with the desired outcome of one party. The matrimonial practitioner must be cognizant of many issues to ensure the best interests of the child.
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