Tag: Divorce

Indecent Proposal on Child Custody During the Quarantine, and there’s Good Coronavirus News

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For divorced parents, child custody can be challenging. Child exchanges these days risk violating local shelter-in-place orders, or worse, exposing a child to the coronavirus. Displaying a Sixth Sense, actors Bruce Willis and Demi Moore have developed a work-around: they quarantine together! And there’s more good news on the coronavirus.

Child Custody Coronavirs

Pulp Fiction or Armageddon?

A big part of child custody and timesharing challenges is logistical. Many divorced parents do their exchanges at schools, but schools are closed. Florida, like many states, have cities issuing shelter-in-place orders prohibiting all child timesharing exchanges.

Parents are faced with a stark choice this Passover/Easter season: not have any holiday timesharing with the children, or timeshare with a vengeance:

It may have been almost 20 years since Bruce Willis and Demi Moore divorced, but the pair are as happy as 12 Monkeys and clearly still on good terms. Willis and Moore seem unbreakable, as they spend the coronavirus quarantine together with their daughters.

Ok, it is not for every divorced couple. But, Bruce is proving he is not Expendable, and may even be the Last Boy Scout, by hunkering down with his ex-wife during a quarantine. Demi and Bruce’s daughter Tallulah shared a photo on Instagram of her parents wearing goofy, matching, striped pajamas.

The divorced couple have remained on good terms, so much so they’re even pictured hugging each other while giving the camera a thumbs up.

It’s not known if Willis’ current wife Emma Hemming Willis, 41, is staying with the Willis-Moore family, too. Earlier this month, Moore wished her former husband a happy birthday on Instagram, thanking the actor for her three daughters.

Moore and Willis were married from 1987 until their divorce in 2000. They announced their separation in June 1998. The actress opened up about their split in her memoir Inside Out, writing:

It’s a funny thing to say, but I’m very proud of our divorce. I think Bruce was fearful at the beginning that I was going to make our split difficult, and that I would express my anger and whatever baggage that I had from our marriage by obstructing his access to the kids — that I’d turn to all of those ploys divorcing couples use as weapons. But I didn’t, and neither did he.

The Ghost star went on to admit that the couple felt more connected than we did before the divorce.

Florida Child Custody

I’ve written about child custody issues before. In 2008, Florida modified its child custody laws to get rid of outdated and negative terminology about divorcing parents and their children to reduce animosity.

Florida law did that by deleting the definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creating a definition for the terms “shared parental responsibility, “parenting plan”, and “time-sharing schedule.

Shared parental responsibility, is similar to joint physical and legal custody, and is a relationship in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

But the “best interest of the child” is not an empty slogan. In Florida, how you act during mandatory quarantines and municipal ‘shelter-in-place’ orders can impact a judge’s decision.

In determining the best interest of the child, a court has to consider things like a parent’s facilitating and encouraging parent-child relationships, honoring the time-sharing schedule, and being reasonable when changes are required.

Good Coronavirus News

Some of us are depressed about the coronavirus, but millions of people are rising to the occasion, and there’s a lot of good news mixed in with the bad. The website 80,000 Hours has a listing of some of the positive things we’ve learned:

  • Some countries are turning COVID-19 away at the door, while others are turning the tide of the pandemic. COVID-19 remains mostly controlled in South Korea, Taiwan and Singapore. Taiwan was barely touched.
  • Italy, Spain and countries that engage in national lockdowns are seeing the rate of new cases level off or decline as we hoped and expected.
  • Researchers at the London School of Hygiene and Tropical Medicine just estimated that the reproductive rate of the coronavirus in the UK is now below 1, thanks to people mostly staying at home. If that’s correct the number of new cases will level off and then decrease over the next 6 weeks.
  • Testing is increasing rapidly in most countries. The US has gone from testing 350 people on the 7th of March, to 30,000 people on the 19th of March, up to 101,000 on the 1st of April.

It is inspiring to see the world come together to help fight this pandemic, whether they are biologists, statisticians, engineers, civil servants, medics, supermarket staff, logistics managers, manufacturers, or one of countless other roles.

The Yahoo article is here.

 

The Constitutional Right to “Divorce” and An Interesting Coronavirus Thought: World 2.0

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There are a lot of intersections between the Constitution and family law. Two law professors offer one constitutional right not considered much: the right to unmarry. Some would refer to it as the right to bifurcate your divorce case. And as an interesting thought on the coronavirus, are we in World 2.0?

Constitutional Right Divorce

It’s a Constitution We’re Expounding

Reason discusses two law school professors, Brian L. Frye and Maybell Romero, want to marry. But they have a problem. They can’t marry each other because they’re both currently married to other people.

They want to end their existing marriages, and their spouses have even agreed to divorce. But the government will not allow them to re-marry until it decides to dissolve their current marriages.

The Constitution protects the fundamental right to marry the person of your choice, so long as the choice is mutual. But the government can and does regulate the dissolution of marriages.

While people can divorce, they need the government’s permission. A marriage isn’t over until a government official says it is. And a person cannot remarry until their divorce is final.

During the quarantine brought on by the coronavirus, the professors believe that people should be able to end a marriage immediately, and start a new one whenever they want as a matter of constitutional right.

Florida Bifurcation of Divorce

I’ve written about various family law issues before. Sometimes, people need a divorce, and like law professors, need one fast. Can you get an immediate divorce?

Put another way, when can a family law judge enter a dissolution of marriage final judgment, but reserve jurisdiction to determine all of the other issues in a divorce relating to custody, support, and property rights for later?

In a highly unusual procedure, there’s also a trifurcated dissolution. The family law court first dissolves the marriage. Then separates the remainder of the financial issues, and reserves on timesharing and child support for the children.

The real issue is bifurcation, and it is a split procedure of entering a final judgment to divorce and keep power over the case to determine all the other issues. The practice is rare and limited to special cases.

In general, family law judges try to avoid this kind of split procedure. The law is designed for one final judgment and one appeal of divorce. Splitting the process can cause a lot of legal and procedural problems which result in delay and additional expense to people.

So, in Florida this split procedure is really only used when it is clearly necessary for the best interests of the parties or their children. The convenience of two law professors to remarry would not justify its use.

The Constitutional Right to Divorce

Because of the quarantine, Professors Frye and Romero hit on a timely and recurring problem in family law: people are stuck in marriages they want out of, but cannot remarry until a government official has permitted it.

State law determines who can marry, when they can marry, and how they can marry, subject to constitutional limitations. Different states have regulated marriage differently, some more liberally than others.

Historically, the regulation of marriage and divorce has been very unjust. In Pace v. Alabama (1883), the U.S. Supreme Court held that a state law prohibiting interracial sexual conduct did not violate the Equal Protection Clause. Plessy v. Ferguson (1896) held that state laws prohibiting interracial marriage were constitutional. Loving v. Virginia, 388 U.S. 1 (1967) ended the ban. We just went through a similar tortured history with same sex marriage.

In part because of the history of unjust state laws, the professors believe people should be able to end a marriage whenever they want. In fact, they believe it is a constitutional right.

If marriage is a fundamental right, then unmarriage must also be a fundamental right. After all, the Supreme Court held in Obergefell that marriage is a fundamental right because it expresses individual autonomy and honors the mutual desire of two people to be joined in perpetual union.

When you file a marriage certificate, you are married (ed. Florida has a 3-day waiting period after issuance of the license before you can get married). But when you file a divorce petition, you aren’t divorced.

The fundamental right to marry recognizes that the Constitution prohibits the government from telling people who they have a right to love, and requires the government to make the economic and social benefits of marriage available to everyone who wants to exercise them.

Interesting Coronavirus Thoughts: World 2.0

Interesting thoughts from the website Marginal Revolution. We are living in a new age. But is it World 2.0?

World 1.0 World 2.0
Physical Digital
Suit, tie, wristwatch, office Good lighting, microphone, webcam
Commute + traffic jams Home + family
Cities Internet
$100k for college Not paying $100k for a webinar
Too much technology Too little technology
Assume some government competence Assume zero government competence
WHO Who?
20th century 21st century

The abstract on the “Right to Unmarry” is here.

Coronavirus makes Child Custody Tricky and More Good Information

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Home schooling and being quarantined for weeks, the coronavirus pandemic is causing chaos for everyone. But for parents who are divorced or separated, child custody is even more tricky. There’s also some good information about coronavirus.

Coronavirus Custody

Parenting in the time of the Coronavirus

Courts are open, our office is open (remotely), and we are handling new divorce cases and child custody matters. And what we’re seeing are recurring problems during the coronavirus crisis with alimony and support payments, and especially sharing the children.

Courts may be open, but there is definitely a backlog with remote courts, and courts are handling emergencies first. That means many parents may have to hammer out their differences largely without the help of a judge.

As the Wall Street Journal recently reported, across the country, many family courts are closed or considering only emergency cases, such as those involving domestic violence and restraining orders.

Some jurisdictions, like Texas, require that existing custody agreements be followed even when schools are closed. (Families can get help from marriage and family therapists and professional mediators.)

Florida Child Custody

I’ve written about child custody issues before. In 2008, Florida modified its child custody laws to get rid of outdated and negative terminology about divorcing parents and their children to reduce animosity.

Florida law did that by deleting the definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creating a definition for the terms “shared parental responsibility, “parenting plan”, and “time-sharing schedule.

Shared parental responsibility, is similar to joint physical and legal custody, and is a relationship in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

But the “best interest of the child” is not an empty slogan. In Florida, how you act during the coronavirus can impact a judge’s decision. In determining the best interest of the child, a court has to consider things like a parent’s facilitating and encouraging parent-child relationships, honoring the time-sharing schedule, and being reasonable when changes are required.

Coronavirus Custody Concerns

Do not be surprised if the parents who aren’t cooperating during the coronavirus crisis find that the other parent uses what happens in court at trial.

In a few weeks or months, family courts are going to re-open, and there will be some accountability for the actions parents are taking now.

Enhancing risk and damaging your co-parenting relationship, those are things that are relevant to how the court. views your parental status.

Coronavirus Good News and Information

Good information? How about social distancing tips from a hermit? Billy Barr is the only resident of Gothic, Colorado, and he has tips on social distancing:

  • Keep track of something. Each day, Barr tracks the weather for a number of groups including the Colorado Avalanche Information Center.
  • Keep a routine. Barr wakes up around 3:30 a.m. or 4 a.m., and files weather reports to different agencies.
  • Celebrate the stuff that matters, rather than the stuff you’re supposed to celebrate. Barr has mostly ditched holidays and birthdays, but he does celebrate Jan. 17, when sunrise goes back to what it was on the solstice.
  • Use movies as a mood adjuster. When Barr is really stressed, he’ll might watch an animated movie, something cute and funny. Movies like “Pandemic” he passes on, but; The Princess Bride’ is a favorite.

The Minnesota Public Radio article is here.

The Wall Street Journal article is here.

Divorce Planning During the Coronavirus and Some Good News

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We have been experiencing a surge in divorce inquiries. Just about everyone has been ordered into quarantine, and living in such close proximity is taking a toll on some marriages and relationships. But there’s another reason: simple divorce planning. Also, for fans of ‘The Office’, Jim has “Some Good News” for us during the coronavirus.

Divorce Planning Coronavirus

Divorce Planning and Market Timing

For many, the divorce inquiries are taking place while the market has dropped and people are losing their jobs. If that sounds counter-intuitive, consider this: when you divorce and your assets are worth less and your debts are up, you may pay less, so now may be a great time to divorce . . . if that was your plan.

This opportunity to divorce is particularly attractive to those whose divorce was a matter of timing. Now may be a great opportunity to finalize a settlement agreement if businesses or shares of stock can be managed back to their former value after the crisis passes.

For others, the concern is about settlement terms they agreed to before the downturn and their ability to afford the settlement terms when they have less pay. Clients are viewing the current financial crisis as an opportunity to negotiate an advantageous divorce settlement.

In only days, we have increased calls from anxious and stressed clients who are confined to living in quarantine with their soon-to-be Ex and children who they have to home school.

Shelter in place orders are putting a huge strain on relationships, particularly if there was already tension and issues between couples. This is only being heightened by the financial impact of restrictions on people’s businesses and incomes and the uncertainty they face as a result.

Florida Divorce Planning during the Coronavirus

I have written about the phenomenon of divorce planning, and especially divorce filings at the beginning of the year, many times before.

The first few months of the year are known for divorce filings, January is even nicknamed the “Divorce Month” in Florida. Researchers recently did an analysis of American divorce filings and found that there is a spike in divorces in January.

The spike in divorce filings is followed by a peak in late March. What’s happening at the beginning of the new year that causes people to both marry and divorce?

According to some reports the beginning of the year and the holiday season are often a tricky time for couples whose relationships have been under pressure for a while.

Add in the intense time spent together, financial pressure, extended family critiques and unrealistic expectations (nothing worse than happy people’s Facebook posts) – and it can spell disaster for some relationships.

Planning Ahead for Divorce during the Coronavirus

For many couples, government shelter-in-place orders have thrown them into a completely different way of living, changing the dynamics of their relationship entirely, and introducing a whole new set of complications and concerns.

While some may find that working through the uncertainty brings them closer together, others are not as lucky, and have been forced to face underlying issues that may have been bubbling under the surface.

You should consider consulting a board certified marital and family lawyer to consider your options and discuss what to do while you’re in quarantine and once the crisis passes.

The vast majority of people inquiring are people who were already on the fence and thinking of filing for divorce, and now the harsh reality of being at home with their partners has pushed them to breaking point.

For those that were planning to leave, but now can’t, this is an extremely challenging time. There are also those who agreed to separate but haven’t yet done so or filed for divorce. Worse still, being locked down together is causing a lot of strain and pressure.

Some have stayed married due to the financial loss they would suffer if they broke up the family, but are seeing the financial crisis as their long-awaited opportunity to leave and take advantage of the dip in wealth for a divorce settlement,’ she explained.

Coronavirus: Some Good News

Fans of ‘The Office’ will be please that there is some good news to report from Jim. So, I’ll let actor John Krasinski talk about some good news on his home-made channel SGN.

His video is here, and includes an interview with Steve Carell to mark the 15th anniversary of ‘The Office.’

 

Trapped in a Quarantine Means a Baby Boom or Divorce Boom, and There’s More Good News about the Coronavirus

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If you’re feeling trapped, you’re not alone. The forced quarantines and shelter-in-place orders mean couples are spending a lot of time together . . . +maybe too much. That could mean another baby boom, or if China is an example, divorce boom. Plus, there is more good news about the Coronavirus.

Coronavirus Divorce Baby Boom

Birth of the “Coronials”

As reported in the Chicago Tribune, Sarah Bradburn’s coronavirus shopping list consists of two very important items: condoms and toilet paper.

“We are all emotional and clinging to our spouses. But when we’re stressed, we just become closer.”

During the first few surreal days of the coronavirus scare, there were predictions far and wide of a huge number of corona babies that would be born in nine months. Maybe they’ll be described as “coronials?”

In fact, Lori Sapio, a Chicago photographer, plans to post a CV19 newborn special in April similar to her Cubs newborn special that she announced after the team won the World Series. But is it really coming? Or will the social distancing and forced time together cause more divorces than babies?

In China — where the coronavirus hit long before it arrived here — the divorce rates rose, and couples formed a line outside a divorce registration office as soon as they were out of quarantine.

The Coronavirus and Divorce

I’ve written about the coronavirus and divorce before. Forced together due to a shelter-in-place order may be the reason for your divorce, but legally you don’t need one. That’s because Florida is a no-fault divorce state.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or annoying behavior in a government enforced quarantine.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

What do you do if you are trapped in quarantine with someone you want to separate from?

To avoid problems during a quarantine, you may have to force yourself to work together – however difficult that may be.

Couples who are separating or separated already, and are parents, are being forced to work as a team and talk through problems that are making forced quarantine impossible. Reassure each other that you will make it through and work together.

The key if you’re living together is to strike the right balance between having quality intimate time together, or if you’re at the brink of your relationship, giving each other some space.

Good Coronavirus News

Some good news for all of us. The U.S. Senate passed the largest economic relief bill in American history Wednesday night. By a vote of 96-0, the bill gives help to big and small businesses, health care facilities, and folks who lost their jobs due to the coronavirus.

Some key provisions:

Stimulus to the Economy: The bill will pump some $2 trillion into the economy.

Direct payout to Americans: The bill would give one-time direct payments to Americans — $1,200 per adult making up to $75,000 a year, and $2,400 to a married couple making up to $150,000, with $500 payments per child.

There is a phase-out for individuals who made more than $75,000, or married couples who filed jointly who made $150,000.

The checks will be directly deposited into bank accounts if you included direct deposit information on your tax form. If you did not, your check will be mailed to you.

Unemployment insurance help: Additional unemployment insurance benefits will be bolstered for four months by increasing the maximum unemployment benefit that a state gives to a person by $600 per week.

Funds for hospitals, equipment: The bill will provide $150 billion for hospitals treating coronavirus patients. Of the $150 billion, $100 billion will go to hospitals and $1 billion will go to the Indian Health Service. The other $49 billion will be used to increase medical equipment capacity.

Aid to state and local governments: Around $150 billion will be allocated for state and local governments to pay for the cost of fighting the virus and providing services to those who have the virus.

The Chicago Tribune article is here.

 

Texas Hold ‘Em: Hague Convention and More Good News on the Coronavirus

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The national emergency has not stopped international child custody and Hague child abduction cases, but definitely made them more challenging. I recently came back from trial in a Texas federal court helping a father return his daughter to Mexico, and there is good news on the coronavirus front.

Hague Child Abduction Mexico

Oh, Mexico

My client and the Mother are dual citizens of Mexico and Cuba, and met in Cancun, Mexico. They are both professional musicians. Together they have a daughter who is currently five years old.

During the early years of their relationship, they all lived together in an apartment, and traveled together. When they broke up, the Father moved to an apartment nearby, and he and his daughter would timeshare, he paid for her piano lessons, her private school tuition, and even the Mother’s rent.

On July 12, 2019, at approximately 11:30 a.m., the Mother called the Father that she had taken their daughter to an undisclosed location.

He suspected she took her to Florida, and even had a possible address for the Mother here. Unbeknownst to him, the Mother actually took their daughter to a small, west Texas town.

The same day, the Father went to the Cancun Police and filed a missing child report. A few days later, he filed a Hague application for the child’s return. He hired me to file a case in Miami federal court, which was transferred to a federal court in Texas when the child was discovered there.

Habitual Residence and the Hague Convention

While the abduction was going on, and a few days before our Texas trial, the U.S. Supreme Court decided a major Hague Child abduction case involving the habitual residence of a child.

I have written about the recent U.S. Supreme Court case before. In Monasky v. Taglieri, the U.S. Supreme Court held that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances analysis and that a district court’s habitual-residence determination should be reviewed for clear error.

The Hague Convention on the Civil Aspects of International Child Abduction provides that a child wrongfully removed from his or her country of “habitual residence” must be returned to that country, which then has primary jurisdiction over any resulting custody proceedings.

A removal is “wrongful” if it is done in violation of the custody laws of the country of the child’s habitual residence. The Convention instructs that signatory states should “use the most expeditious proceedings available” to return the child to his or her habitual residence.

In Monasky, an American brought her infant daughter to Ohio from Italy after her Italian husband, Domenico Taglieri, became physically abusive. Taglieri petitioned for his daughter’s return under the Hague Convention, arguing that Italy was the daughter’s “habitual residence.”

The federal court agreed, and found the parents had exhibited a “shared intention” to raise their daughter in Italy. The Sixth Circuit Court of Appeals affirmed with dissents. Monasky then petitioned the U.S. Supreme Court, arguing that establishment of a child’s habitual residence requires actual agreement between the parents.

The Supreme Court noted that the Hague Convention does not define “habitual residence.” Relying on the treaty and decisions from the countries who are signatories, the high court concluded habitual residence it is a “fact-driven inquiry into the particular circumstances of the case.”

The Supreme Court also noted that Monasky’s ‘actual agreement’ requirement would leave many children without a habitual residence, and outside the Convention’s domain and the Hague Convention always allows a court concerned about domestic violence to not order a child’s return if “there is a grave risk that return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

Texas Hold Em

Texas Hold ‘Em?

One of the issues which had to be resolved in our trial was the habitual residence of the child, and whether the parents shared an intent to abandon it. During our trial in Texas, the U.S. District Court found the parents did not share an intent to change the child’s habitual residence, among other defenses, and ordered the child returned to the Father and to her home in Mexico.

Relying on the U.S. Supreme Court’s, brand new decision, the federal court found the daughter’s habitual residence is Mexico, and that she was wrongfully removed to the United States in violation of the Hague Convention.

At the same time the Coronavirus was raging across the world, the U.S. government just ordered the border with Canada closed, courts were closing around the country, and there was a real concern we wouldn’t be able to return to Mexico.

But we faced another, potentially bigger problem. How do you enforce a federal court order to return a child to Mexico when the entire world is shutting down? The alternative to us moving immediately to secure the child’s return to Mexico would be to ‘hold em’ in Texas. Acting quickly, the father and daughter made it safely home to the habitual residence of Mexico.

Good News and the Coronavirus

We are under quarantine, and we can expect that to continue in the near future. But that doesn’t mean there isn’t some good news to report. For instance:

  • Distilleries across the U.S. are making their own alcohol-based hand sanitizers and giving it away for free.
  • Restaurants, sports, and businesses are stepping up to combat the community effects of the novel coronavirus. The sports world is raising money for stadium employees, and Uber Eats is divvying out free delivery to help independent restaurants to name a few.

Air and Water pollution has plummeted in cities with high numbers of quarantined individuals. In fact, Venice’s waters are running clear for the first time and people are seeing fish.

  • China is re-opening parks and athletic centers, and loosening travel restrictions as the novel coronavirus comes under control in China, and parks and tourist attractions have reopened across the country.
  • Neighbors across the country are stepping up to make grocery runs for those who can’t leave their homes.

The U.S. Supreme Court decision is here.

Covid-19, Child Custody, and Good News on Coronavirus

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Parenting is tough enough when you’re in quarantine. But for parents who are divorced and shuttle their kids between two households as part of a child custody arrangement, deciding how to proceed with quarantines related to the coronavirus can be even more challenging.

Child custody covid-19

A Virus Among Us

“Today” recently profiled parents in Florida about how they are coping. Rachelle Dunlevy, a mom of two from Indialantic, Florida, says since her ex-husband lives nearby, they have agreed to stick with their current custody schedule, for now. Megan O’Connor, whose daughter is about to turn three, has been divorced for almost a year, and says she and her ex-husband are doing the same.

“My ex is a public health professional, so he is aware of social distancing, but also of the importance of our daughter having access to both of her parents during such a fragile time. Currently, we are both in town so we are maintaining our current schedule. We’ve decided to do that because we view ourselves as a family unit — though we are no longer together romantically, our daughter is intrinsically a part of each parent.”

But what do parents do when there’s conflict over whether or not to pause a custody arrangement during the pandemic? When it comes to making decisions about coronavirus and custody, communication is key.

The first and foremost concern should be the health of your family. It is important to communicate respectfully and be cooperative with any schedule changes, even if it results in less parenting time for you and more parenting time for the other parent.

Understand that you and your co-parent may have different views about how to approach this pandemic and neither of you may be wrong or right, so it’s important to be calm. Your child is also navigating a pandemic and a change in their everyday routine and you do not want to add to their stress and anxiety — a united front between the parents is best.

The number one priority should always be the well-being of the children and the coronavirus doesn’t care about courts and agreement.

Florida Child Custody

I’ve written about child custody issues before. In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility.

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities. Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

Good News About Coronavirus

As new cases of SARS CoV-2 (aka Covid-19) Coronavirus are confirmed throughout the world and millions of people are being put into quarantine, there is some good news too.

Most people with COVID-19 recover. Estimates now suggest that 99% of people infected with the virus that causes COVID-19 will recover and some people have no symptoms at all.

Children seem to be infected less often and have milder disease. According to the CDC, the vast majority of infections so far have afflicted adults. And when kids are infected, they tend to have milder disease.

The number of new cases is falling where the outbreak began. During his speech declaring the new coronavirus outbreak a pandemic, the director-general of the WHO pointed out that “China and the Republic of Korea have significantly declining epidemics.” That’s a good thing and suggests that efforts to contain the spread of this infection can be successful.

We have the internet! We can practice social distancing and preserve our professional and social connections.

This a good test run for much more serious and deadly outbreaks such as the Spanish Flu and the Ebola virus. Our response to future pandemics should improve because of what we are doing now.

The coronavirus epidemic is a global problem for those infected and those trying to avoid it. But amid all the doom and gloom, there are some positive stories, positive messages and reasons to remain hopeful.

The Today article is here.

 

Divorce and Adultery May No Longer be a Thing and Good Coronavirus News

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Is the coronavirus, SARS-2, SARS-CoV, Covid19 to blame? No one is sure, but British reports are showing far fewer married couples are listing “adultery” as grounds for divorce, according to new figures recently published in Britain.

Adultery Divorce Drop

Divorce Without Fault

The Sunday Times reported that the rate has dropped by more than half in a decade. According to the Office for National Statistics (ONS), it was used for 9,205 divorces in 2018, compared to 20,765 in 2008 and 36,310 in 1998.

A desire to avoid blaming the other person in a doomed marriage comes as a “no fault” divorce bill makes its way through parliament. Speaking to the paper, Sir Paul Coleridge – chairman of the Marriage Foundation – said:

“I think people are more grown up than they used to be and realize that a single act of adultery does not tell you very much about the cause of the break-up of a marriage. It may be a symptom of the problem, but my experience is that it isn’t the cause. The cause is the broken relationship, and the adultery arises out of it.”

According to the ONS, the most common grounds for divorce – used in half of all cases, compared to one in ten for adultery – is unreasonable behavior.

It comes as it was revealed that suspicious partners can order DNA ‘infidelity’ tests online to prove whether their other halves have really strayed.

The ‘evidence’ – such as underwear, bedding, condoms, cigarette butts, strands of hair or chewing gum – is sent off to a lab for analysis

The Sunday Times previously reported that one UK-based company is offering a £90 “semen detection test”, a £299 “gender” test to check if the sample is from a man or a woman, or a £500 comparison test to differentiate between their own sample and a “suspicious” one.

They also found a £60 “sperm detection kit” sold online – containing a solution that turns samples purple if semen is present – which is being sold as a way to catch a “cheating spouse”.

Florida No Fault Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or unreasonable behavior as in England.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, “she (or he) is sleeping with a co-worker” doesn’t hold much traction in court any more.

When is adultery relevant in divorce in Florida? Although we are a no-fault state, there is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not as a reason for divorce.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves in the UK, there is a movement here to return to the old “fault” system to promote families.

Good News and the Coronavirus

  • Did you know that “2019-nCOV” was the initial name given for the virus?

But the name was hard to remember and was misleading, because it gave the misimpression that the virus was novel. It’s not. In fact, it’s the least novel of the respiratory disease-causing viruses. It’s defining feature is its NON-novelty!

  • Do you know how to kill the coronavirus?

Since it is an enveloped virus, it’s killed by soap/detergents, ethanol, Windex (which contains detergents), and bleach.

  • Do you know how long the coronavirus lasts on surfaces?

On steel and plastic, 10-fold drop in ~12 hours; On cardboard, about 1 hour; On a napkin, the survival should be like on cardboard or maybe lower, and the virus will get trapped by the paper fibers. That said, don’t wipe your mouth with a napkin that someone just handed you.

  • Does “social distancing” have any effects?

The R0 rate (“R zero rate”) refers to how contagious an infectious disease is. Preemptive hygiene enhancement and social distancing help reduce the average frequency and intensity of exposure to the virus, might reduce infection risk, reduce the average viral infectious dose of those exposed, and result in less severe cases who are less infectious.

  • Is there a cure for the Covid-19 disease?

Right now people are working on it. But thanks to earlier research, we may already have drugs with activity against it. For example, Remdesivir (Gilead) seems to work against SARS-CoV-2 in cells.

The Times article on adultery and divorce is here.

 

A Royal International Child Custody Case

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Child custody cases impact everyone, including world leaders as one recent British case proves. But the stakes in an international child custody matter can change when a parent who holds the power of a state government behind him, gets tough.

Royal Child Custody

A Royal Scam?

When you are concerned in your child custody case about the unlimited resources of the other side, knowing the children’s father is His Highness Sheikh Mohammed bin Rashid Al Maktoum the ruler of the Emirate of Dubai and Vice President and Prime Minister of the United Arab Emirates does not help.

Luckily, the children’s mother is Her Royal Highness Princess Haya bint Al Hussein. She is a daughter of His Majesty the late King Hussein of Jordan and the half-sister of the present ruler of Jordan, King Abdullah II.

The mother is the second official wife of the father, who, in addition, has a number of “unofficial” wives. These two children are the two youngest of the father’s 25 children.

In April 2019 the mother travelled to England with Jalila and Zayed. Although it was normal for the children and the mother to visit England, she made it clear soon after arrival that she and the children would not be returning to Dubai.

The Princess claims she fled the Gulf emirate with her children, saying she had become terrified of her husband’s threats and intimidation. The threats continued after the princess moved to London adding that the Sheikh had used the apparatus of the state “to threaten, intimidate, mistreat and oppress with a total disregard for the rule of law.”

In May 2019 the father commenced proceedings to order the children to be returned to the Emirate of Dubai. The mother initially contested the court’s jurisdiction by asserting that she enjoyed diplomatic immunity, it being the case that shortly after her arrival in England the government of the Hashemite Kingdom of Jordan appointed the mother to the post of First Secretary at the Jordanian Embassy in London

The father, as the ruler of the State of Dubai and as the Head of the Government of the UAE, claims and acknowledges that his position attracts certain immunities, and cannot be required to attend this court to give oral evidence.

In October 2019 the father substantially revised his position by no longer pursuing his application for the children to be returned to Dubai. He agreed that the children would now continue to live with their mother and be based with her in England.

Within the same time period, the father published a poem entitled “Luck strikes once”:

“My spirit is cured of you, girl. When your face appears, no pleasure I feel. Don’t say troublemakers are the ones to blame. It’s your fault, though you’re fairer than the moon…They say luck strikes once in a lifetime and if you lose luck you have no excuse”.

The mother took the poem as a direct reference to herself.

Florida Child Custody

I’ve written about child custody and domestic violence before. Florida does not use the term “custody” anymore, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

The best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including evidence of domestic violence, child abuse, child abandonment, or child neglect.

In Florida, the term “domestic violence” has a very specific meaning, and it is more inclusive than most people realize. It means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

When discussing family or household members, Florida law defines these to mean spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

In Florida, individuals who have experienced domestic violence have civil and criminal remedies to protect themselves from further abuse. Protection orders may include the victim’s children, other family members, roommates, or current romantic partner. This means the same no-contact and stay-away rules apply to the other listed individuals, even if the direct harm was to the victim.

This could include a parent leaving a series of anonymous notes in the other parent’s bedroom making threats such as “We will take your son – your daughter is ours – your life is over” or warning her to be careful; and leaving a gun on the bed with the muzzle pointing towards the door and the safety catch off.

Can’t Buy a Thrill

After listening to witnesses and the King’s poetry, a judge at the High Court in London found that the Father “acted in a manner from the end of 2018 which has been aimed at intimidating and frightening” his ex-wife Princess Haya, 45.

Judge Andrew McFarlane also said the Sheikh “ordered and orchestrated” the abductions and forced return to Dubai of two of his adult daughters from another marriage: Sheikha Shamsa in August 2000, and Sheikha Latifa in 2002 and again in 2018.

The judge made rulings after a battle between the estranged spouses over the welfare of their two children, but the Sheikh fought to prevent them from being made public. The U.K Supreme Court quashed that attempt.

The judge found that Haya’s allegations about the threats and abductions met the civil standard of proof on the balance of probabilities. Princess Haya also alleged that Sheikh Mohammed had made arrangements for Jalila — then aged 11 — to be married to the Crown Prince of Saudi Arabia, Mohammed bin Salman.

In 2002 the return was from the border of Dubai with Oman, and in 2018 it was by an armed commando assault at sea near the coast of India.” The judge said Shamsa, now 38, was abducted from the streets of Cambridge and “has been deprived f her liberty for much if not all of the past two decades.”

Sheikh Mohammed is also the founder of the successful Godolphin horse racing stable and last year received a trophy from Queen Elizabeth II after one of his horses won a race at Royal Ascot.

In a statement released after the rulings were published, the Sheikh said that “as a head of government, I was not able to participate in the court’s fact-finding process. This has resulted in the release of a ‘fact-finding’ judgment which inevitably only tells one side of the story.”

“I ask that the media respect the privacy of our children and to not intrude into their lives in the U.K.”

The Time article is here.

 

Big British Property Division Case

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A British woman who “sacrificed” her career as a lawyer so she could be a stay-home mum and raise her children has won an unequal property division on top of an equal share of the family’s wealth after her divorce. This case proves that the interruption of your career can impact your divorce.

Merry in England

A woman who “sacrificed” her career as a solicitor so she could look after her children has won compensation on top of an equal share of the family’s wealth after her divorce.

The ruling could have implications for other divorce cases in which one partner has stepped back from their career for the good of the family, a lawyer said. The Cambridge graduate was embroiled in a fight over cash with her millionaire husband, who is also a solicitor, after the breakdown of their marriage.

A judge has decided the pair, who were married for about a decade and have two children, should split assets of nearly £10 million equally but that the woman should get another £400,000 in compensation for curtailing her legal career.

Mr. Justice Moor said there had been “relationship-generated disadvantage” as the husband was still able to enjoy a “stellar” career.

[The woman] viewed herself as the parent who would take primary responsibility for the children. The husband’s career took precedence. I accept that it is unusual to find significant relationship-generated disadvantage that may lead to a claim for compensation but I am clear that this is one such case. I have come to the conclusion that an appropriate sum to award for relationship-generated disadvantage, over and above her half share of the assets, is the sum of £400,000.

As a talented lawyer, our client sacrificed a potentially lucrative career for her family and to care for the children. Although Mr. Justice Moor has made clear this decision should not open the floodgates to a raft of relationship-generated disadvantage claims, the judgment affirms that in truly exceptional circumstances the principle of compensation still exists in family law, and rightly so.

Florida Property Division and Careers

I have written about property division before. Florida’s equitable distribution statute begins with the premise that the distribution should be equal, but the trial court may make an unequal distribution when proper justification is demonstrated.

The equitable distribution statute lists several factors for a trial court to consider in making this determination, and the court must support its equitable distribution scheme with specific factual findings.

As in the recent England case, a Florida trial court follows several factors to support an unequal distribution, including: what were the contributions to the marriage by each spouse, the economic circumstances of the parties, the duration of the marriage, and the interruption of personal careers.

Generally, the fact that one spouse is the primary bread winner won’t support an unequal distribution in Florida.

Stiff Upper Lip

In another British case, a businesswoman who left behind her career in order to become a “stay at home mum” while her husband continued with his high-flying career has been awarded virtually all of the family fortune by a divorce judge.

Jane Morris, 52, had been criticized by her former husband for not bringing more money in after they split, having quit her career as a recruitment consultant to keep house for him and their three children for 20 years.

However, it emerged that she was awarded half a million pounds while husband, Peter Morris, the managing director of a software company with a seven-figure turnover, was left with just £66,000.

Details of the case came out as he launched a challenge in the court of appeal against the financial outcome of the divorce and a six-week prison sentence which is hanging over his head after it was imposed on a suspended basis for non-payment of alimony and support.

The court heard that the 51-year-old businessman “took credit” for the “high standard of living” the couple enjoyed in their £1.2m cottage in the Chiltern Hills.

However, the couple’s “extravagant” spending, both during their marriage and after their “bitterly contested” break-up in 2013, brought them “to the brink of financial disaster”, reducing multi-million-pound family assets to just £560,000.

Awarding 90% of the family assets to her, the judge had said that she “needs adequate maintenance” because sacrificing her career had left her with a “low earning capacity… in her middle fifties with rusty skills.”

Morris had hit out at his wife’s own expenditure and criticized her for not earning more, having re-entered the labor market since they separated. But she was ruled to be “a sensible woman” who was “probably in need of emotional and psychological comfort” during her own spending sprees.

The Guardian article is here.