Allegedly Suicidal Husband With Two Guns is Arrested for Firing One in Home

Florida Husband and Wife’s marriage is troubled.

Wife files for a domestic violence restraining order of protection against Husband.

Late that night, Husband awakens from a nightmare and confesses to Wife that he had dreamed of killing himself.

Husband asks whether Wife still loves him.

Wife replies in the negative.

Husband then removes a gun from underneath Wife’s pillow.

Husband tells Wife he cannot live without her.

Husband allegedly shoots at least one bullet into their bedroom ceiling.

Wife calls the police. Wife is not looking to have Husband arrested.

Instead, Wife wants to have Husband Baker Acted, that is, psychologically evaluated for posing a danger to himself and others.

Husband reportedly suffers from mental illness and is prescribed medication for same.

Husband gets his hands on a second gun.

Husband warns Wife that he will shoot at any police officers who come to their home.

Husband allegedly tries to kill himself.

Wife tackles Husband and manages to gain control of one of the guns.

Husband is arrested for discharging a weapon in a dwelling, a felony.

Husband is confined.

Husband is a Daytona Beach police officer. Wife is a former Deland police officer.

Read more in this Daytona Beach News-Journal article: Shot fired in marital discord between Daytona policeman, wife.

Share
Posted in Uncategorized

Gay Sperm Donor Seeks and Wins Equal Timesharing With His Biological Children, Who Are Seven and Nine Years Old

Lesbian Couple have two Children via artificial insemination. They are and have been the Children’s primary caregivers.

But Bio Father, the sperm donor, has had shared parental responsibility for Children.

Bio Father, who is gay, now seeks timesharing with Children, although he had represented to the Lesbian Couple that he “require[s] little involvement”.

This year, when the Children are nine and seven years old, the UK trial court awards Bio Father equal timesharing with Children.

Lesbian Couple appeals.

And the UK appellate court has taken the high profile, politically charged case under advisement.

Read more in this Australian news article: Lesbian mother, gay father in court over children.

Share
Posted in Uncategorized

Should a Parent Be Guilty of Their Child’s Offenses Unless Proven Innocent?

Davenport, Iowa apparently thinks so. The City has a local ordinance that holds a parent accountable if their child breaks the law or causes a third party harm.

Accordingly, the ordinance imposes punishments for their children’s infractions on parents.

Parental punishments progress with each succeeding infraction, from a mere warning, to attending mandatory parenting classes at a parent’s expense, to monetary fines starting at $750.

As written, the ordinance requires an “accused” parent to prove that the parent has not been negligent in supervising their child. Failing that, if the City deems the parent responsible, the punishment stands.

Son is arrested for having “pot” and violating the local curfew.

The City of Davenport “punishes” Mother.

Mother takes the matter to court.

At trial, the court rules in Mother’s favor, and awards Mother significant attorney’s fees.

The City of Davenport appeals.

Iowa’s highest court then holds that some of Davenport’s ordinance is unconstitutional, because it deprives parents of due process.

In particular, the court strikes the ordinance provision that relieves the government of having to prove that the parent was negligent and, as written, unconstitutionally shifts the burden of proof to a parent to prove that they were not negligent.

And the appellate court upholds Mother’s victory at trial.

Otherwise, the ordinance stands though and the court approves, conceptually, holding parents accountable for their children’s misdeeds.

But now the law will require the government to put on affirmative proof of the parent’s negligence and, presumably, that that negligence “caused” the child’s misconduct. So, the ordinance no longer stacks the deck in favor of government … and, arguably, now stacks the deck in favor of parents.

Read more in this [Davenport, IO] Quad-City Times news article: Parental responsibility law takes hit from Iowa court and this Des Moines / Ames WOI-DT 5 ABC TV news article: Parts of Parental Responsibility Law Struck Down.

Share
Posted in Uncategorized

Quebec Appellate Court Holds Statutory Provision Blocking Alimony for Unmarried Cohabitating Couples is Discriminatory and Unconstitutional

Quebec Man and Woman cohabitate, but never marry.

Man is a billionaire.

Man and Woman break up.

Woman seeks alimony. Woman’s claim is denied.

Quebec appellate court rules that provincial alimony law discriminates against cohabitants, and strikes that provision.

One-third of Quebec couples are in cohabitant relationships rather than legal marriages.

And the rest of Canada allows alimony to the needy partner when cohabitating couples separate.

Quebec appellate court allows the Quebec legislature one year to cure the constitutional defect in the alimony law.

So, Man and his billion seem to be off the hook.

But the next one might not be so lucky …

Read more in this Winnipeg [Canada] CTV News article: Quebec court paves way for common-law alimony.

Share
Posted in Uncategorized

UK: Person May Have Parental Access Rights Without Parental Support Obligation

UK bio Mother has Child through artificial insemination.

At the time, Mother, a lesbian, is in a committed relationship with Girlfriend.

Mother and Girlfriend raise Child together.

Until Child is ten years old.

When Mother and Girlfriend break up.

Court awards parental decisonmaking rights to Girlfriend.

Now Mother seeks child support from Girlfriend…

And the Court denies child support.

The applicable UK law on child support at the time provided that child support is owed only by a legal “parent”, that is, a biological parent or a legal adoptive parent.

Technically, Girlfriend is neither.

Although she has parental decisionmaking rights.

Inconsistent rulings. Incapable of being reconciled.

Which is why UK law recently changed.

Now, both homosexual parents may be recognized as legal parents, with access rights and financial responsiblities, under UK law.

Read more in this [UK] Bio News article: Lesbian mums in dispute: fertility law, child maintenance and what makes a parent.

Share
Posted in Uncategorized

Factors Affecting Rise in Divorce

The Chinese province of Sichuan ranked seventh among Chinese provinces in number of couples granted divorces last year.

Sichuan province climbed in rank to first position this year.

Why the dramatic change?

  1. Some experts attribute it to a powerful, life-altering earthquake there in 2008. It reportedly inspired an attitude that “life is too short” to remain stuck in an unhappy marriage.

  2. Other experts attribute it to revised legislation simplifying the divorce process. (Couples wishing to divorce are no longer required to produce “letters of introduction” from their “work units” or “neighborhood committees”.)

  3. And still other experts attribute it to increased social mobility.

Of course, most likely, a combination of all of them drove the growth in divorce in that province.

All are universal and have influenced divorce rates in the US and elsewhere, to one degree or another, in one place or another, at one time or another.

Read more in this [India] Sify news article: Earthquake blamed for divorce rise in southwest China.

Share
Posted in Uncategorized

Prenuptial Agreements (Prenups) Do a Small Family Owned Business Good

Prenuptial agreements, or prenups, are highly recommended for owners of closely held businesses.

After all, the future Husband and Wife may not be the only ones impacted by a prenup, or lack of same. There may be children.

And there may be other extended family members also affected.

A prenuptial agreement is the only way of protecting the interests of all those other folks and the business itself, in addition to the actively involved future spouse.

For the faint-hearted future spouse uncomfortable with broaching the subject, there is a simple solution.

Incorporate the requirement of a prenuptial agreement right into the shareholders’ agreement or members’ agreement, or other business management documents.

This approach makes the prenup mandatory, but depersonalizes the issue.

After all, divorce of a principal is de-stabilizing to the entire business, and the threat of a fragmentation of a spouse’s ownership interest and rights threatens harmonious management.

A prenup can specify ownership, voting rights, valuation, buyout where appropriate, characterize property as marital or nonmarital by agreement, and provide for death of a future spouse as well as the possibility of divorce. As well as other issues.

Read more in this Delmarva [MD] Daily Times article: Business owners: Consider prenuptial policy.

Share
Posted in Uncategorized

Father Charged with Murdering His Children’s Mother in Their Full View, Seeks Jailhouse Visitation with Children

Husband and Wife have three Children together.

Husband is arrested for allegedly murdering Wife … before Children’s eyes.

And then fleeing from the scene with the Children in tow.

Husband is now in jail awaiting trial.

Children are in foster care.

Both sets of Children’s Grandparents are in the process of qualifying as foster parents for Children.

At a family court hearing concerning the Children, Husband requests that the Children visit Husband in jail. Husband believes that the Children would like to visit him in jail.

The Children’s paternal Grandparents support the Children visiting Husband in jail.

The Children’s maternal Grandparents object to any such timesharing with Husband.

The attorney appointed to represent the Children also objects to any timesharing with Husband, because the Children may be called as witnesses at Husband’s criminal trial and Husband might attempt to influence the Children’s testimony during visitation.

Husband’s attorney counters by proposing electronic monitoring to guard against witness-tampering. It is unclear how effectively such monitoring could guard against manipulation.

The Children’s attorney asks the Court to speak with the Children’s therapists before ruling on visitation.

The family court judge indicates he will consider Husband’s request for timesharing but that he will take no action regarding any existing criminal court orders barring or limiting contact with the Children or witnesses in general.

One can only speculate about Husband’s motivations for timesharing.

Read more in this Mankato [MN] Free Press article: Murder suspect requests visitation for kids.

Share
Posted in Uncategorized

Valuable Clues in Child Abduction Cases In the US Are Deliberately Withheld From Investigators

There are about 200,000 parental abductions of children in the US annually. The majority arise out of child custody disputes.

Many of these abductions last for years.

And while one parent of each child worries and waits, there is one, often overlooked resource that may know where these abducted children are: the Internal Revenue Service (IRS).

Just because someone abducts their child doesn’t mean that they don’t file and pay their taxes. Or claim the child dependency tax deduction for the child they abducted.

In fact, according to one study, about a third of parental child abductors do.

Which makes the IRS privy to where the abducting parent and abducted child live. And in a position to help the other parent bring their abducted child home.

But the IRS generally isn’t talking.

It seems taxpayers have privacy rights. Even if there’s a felony warrant out for them.

There are limited exceptions. But they require a federal crime and a court order from a federal court.

Yet most child abductions are state crimes, investigated at the state level. And most federal judges wouldn’t enter such an order anyway.

The only reason the other parent may find out that the IRS has information about their abducted child is when the IRS disallows their own claimed child dependency tax deduction, because their child’s other (abducting) parent has already claimed the one allowed deduction for their child.

Read more in this New York Times article: I.R.S. Sits on Data Pointing to Missing Children.

Share
Posted in Uncategorized

Do You Have Grounds for Annulment? Only Your Spouse’s Mind Reader May Know for Sure

Husband seeks church annulment of his marriage to Wife.

His cited grounds: Wife approves of open marriages, in which both spouses are free to have other sexual partners. She expresses this abstract position to Husband before their marriage.

But Wife has never actually cheated on Husband in any way, shape or form. She has been totally faithful, just freethinking.

Husband is granted an annulment of their marriage by a court of the Catholic Church in Italy.

Wife appeals the annulment in a divorce court in Italy … and the annulment is upheld and Wife is denied alimony because of her abstract, heretical beliefs.

After further appeals by Wife, Italy’s top appellate court upholds all of the previous rulings.

Read more in

Share
Posted in Uncategorized