The trial court summarily dismissed a suit to establish the existence of a committed intimate relationship (CIR). The court concluded that suit had to be brought within three years of the end of the relationship and here it was not.
By Laura Morgan: Factors considered by trial court in determining whether former husband presented risk of absconding to India with children was not “racial profiling evidence” implicating constitutional scrutiny over imposition of travel and passport restrictions in parenting plan.
Review the case Massachusetts v. U.S. Dept. of Health and Human Services and the issue related to federal benefits to same-sex couples lawfully married in Massachusetts.
This case arises from Plaintiff Edie Windsor’s constitutional challenge to section 3 of the Defense of Marriage Act (“DOMA”), the operation of which required Plaintiff to pay federal estate tax on her same‑sex spouse's estate, a tax from which similarly situated heterosexual couples are exempt.
Community property law applied by analogy when evaluating the property rights of a deceased partner of a committed, intimate relationship.
Jurisdiction in interstate child custody disputes is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), In this case, a Washington superior court assumed jurisdiction of an interstate custody dispute after a Montana district court had exercised jurisdiction.
District courts can use their discretion to make fair determinations in individual child custody cases. However, this becomes unfair when different parties similarly situated obtain different results.
Mother sued federal government individually, and on behalf of her minor child, for damages based on Social Security Administration's (SSA) failure to enforce state court garnishment order on father's Social Security disability benefits.
District court did not abuse its discretion in excluding the mother's expert testimony as irrelevant, in father's action petitioning the court to return his 22‑month‑old daughter to Mexico pursuant to the Hague Convention on the Civil Aspects of Child Abduction, implemented by the International Child Abduction Remedies Act (ICARA).
Mother appeals the trial court's denial of her request to relocate with her two children after applying a preponderance of evidence standard and finding that the detrimental effects of the relocation would outweigh the benefits to the children and their mother.