In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to this exception to the hearsay rule, the definition of corroboration is very broad. The Family Court Act defines corroboration as any other evidence tending [Read More]
Proving in court child abuse or mistreatment can be difficult. Often we only have a child's out-of-court statements to a parent or a third party and very little other proof. An evidentiary problem arises in this situation since out-of-court statements are hearsay. Hearsay statements generally are not admissible in court. That means that they cannot [Read More]
Visitation with a non-custodial parent is presumed to be in the best interests of a child. The denial of visitation is justified only for a compelling reason. This may include a variety of situations where visitation has been detrimental to the child or could be detrimental or dangerous to the child. Typically these are cases [Read More]
Many of the smart phones and electronic devices sold today employ technology that allows the device to be tracked electronically. As we discussed previously in this Blog, this technology has many implications in matrimonial cases. This technology also has many implications when dealing with children. Your child's iPhone, iPad, MacBook and even their iPod, [Read More]
It is that time of the year again. The holidays are here. Or are they the "hellidays"? Too often separated or divorced parents let their conflicts spoil the holiday season for their children. Every year I see too many people fighting over holiday visitation. Most of it is not about the kids enjoying the holiday [Read More]
So you believe in ghosts. Judging by the recent success and popularity of television shows such as TAPS, Ghost Adventures, The Dead Files, Ghostly Encounters and The Haunted Collector, you probably are not alone. So it is not all that surprising that a parent's interest in ghosts and the paranormal has come up as an [Read More]
The Collaborative Divorce Process is a cooperative process in which a separating or divorcing couple, with the assistance of their attorneys, work together to negotiate the best outcome for both parties and their children. The process is based on a voluntary and free exchange of information, the parties pledge not to go to court and [Read More]
Temporary orders are tests. You may not think as a temporary order as a test, but they are. Depending on what the judge directs, a temporary order may be a way for the Court to test one or both of the parties to see how they will behave in a given situation, or how they [Read More]
Joint Legal Custody is an arrangement by which parents jointly make important decisions for their child or children. Joint legal custody requires that parents cooperate with each other for the benefit of their child or children. This means sharing information, communicating and discussing things about their children and working together to make the best decision [Read More]