Tag: parenting plan

Pet Custody in China

Posted by Ron Kauffman on

Pet custody is sweeping the world. In the People’s Republic of China, a recent divorce settlement was stalled after the divorcing couple was unable to agree on who was entitled to custody of the pet corgi.

Pet Custody

The New Kids in Divorce?

The couple, surnamed Xu and Li, from Quzhou city in Zhejiang, one of the more wealthy provinces in eastern China, agreed to get divorced in April this year. The parties reached agreement on the distribution of their joint assets and debts after their seven-year marriage, with one furry exception.

The couple have no children, but both are enthusiastic animal lovers. Accordingly, custody of a pet corgi dog they had raised together became a central focus of their divorce.

The family court helped the couple divide up joint assets, including property and vehicles quickly, as neither party had any objections. However, when it came to their pet dog, the court was surprised that both demanded full custody of the pet corgi.

Florida Pet Custody

I’ve written on the development of pet custody cases and statutes around the world before. Pet custody cases are becoming more and more prevalent internationally. That’s because lawmakers and advocacy groups are promoting the notion that the legal system should act in the best interests of animals as pet ownership increases.

Pets are becoming a recognized part of the family, some would argue they’re a modern couple’s new kids. About 15 years ago, states began to allow people to leave their estates to care for their pets. Recently, courts have gone so far as to award shared custody, visitation and even alimony payments to pet owners.

Florida doesn’t have pet custody or visitation laws. Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children.

Not all states have ruled out a visitation schedule for dogs like Florida. For instance, while Texas also views dogs as personal property, in one case a Texas court authorized visitation. A new California law changed the way pet custody is handled in divorce cases. The law gives judges the power to consider the care and the best interest of the pet when making decisions.

According to a recent survey of the American Academy of Matrimonial Lawyers, about 30% of attorneys have seen a decrease over the past three years in pet custody cases in front of a judge.

Over the last decade, the question of pet custody has become more prevalent, particularly when it involves a two-income couple with no children who shared responsibility for, and are both attached to, the pet.

Quzhou’s Corgi Custody Case

The woman, Xu, told the court that she deserved ownership of the corgi. She testified that not only did she buy the dog, but that she raised the corgi by herself. The corgi has become a part of her family and has been by her side ever since, she claimed.

In undermining the Husband’s custody request, she added that her ex-husband Li didn’t take responsibility for looking after the corgi. She described him as a workaholic, who in his spare time played video games.

Although Li acknowledged that he did not feed the animal as often as his ex-wife, or clean up after it, he said he often walked the dog and considered it to be his child.

The court accepted that the corgi was a joint asset in the marriage, but one which couldn’t be divided easily. Eventually, the couple reached an agreement that the corgi would live with the woman, while every month Li should pay alimony to her for taking care of the dog. If the animal became ill, they must share the dog’s medical expenses. Li was given legal visitation rights to the corgi.

After the story was reported, it caused widespread online conversation about the fate of pets in a divorce. One person commented: “A pet is a part of the family, it’s understandable the divorcing couple wanted to fight for it.” Another said: “Now that more couples give up on having children, keeping pets as kids will probably rise.”

Data showed that in 2021 the number of pet owners in China had reached 68.44 million. In the U.S. roughly 70 percent of households own a pet, with dogs being the most numerous pet and salt water fish coming in last.

The South China Morning Post article is here.

 

Speaking on Parenting Plans

Posted by Ron Kauffman on

There is still time to register for my upcoming speaking engagement on parenting plans. The Dade County Bar Association’s “Nuts and Bolts of Family Law” Seminar will take place on December 4, 2020. I will be speaking along with my colleagues, Hon. Samantha Ruiz Cohen, Michelle M. Gervais, Robert C. Josefsberg, Amber Kornreich, Paul R. Lipton and Jacqueline M. Valdespino.

parenting plans

Dade Legal Aid and Put Something Back Program

Dade Legal Aid provides direct civil legal services for low-income residents of Miami-Dade County. Since 1949, we have been passionately committed to providing “Access to Justice” to those in need of legal representation, including low-income individuals and families impacted by the current health crisis.

Dade Legal Aid provides life-changing and often life-saving services in the areas of Family Law, Domestic Violence, Guardianship, Child & Teen Advocacy, Human Sex Trafficking, Guardian ad Litem and other areas of law.

Annually, the agency serves over 5,000 clients positively impacting the lives of over 10,000 residents utilizing a strategic mix of experienced staff attorneys, pro bono attorneys, law firm partnerships, law school stakeholders and dozens of collaborations with diverse organizations and groups with the aim of assisting vulnerable populations and families living in poverty

Child Custody and Timesharing

I will be discussing parenting plans, a topic I’ve written and spoken about before. Generally, a parenting plan is a document created by lawyers or the court to govern the relationship between parents relating to decisions that must be made regarding their minor children.

Parenting plans must contain a time-sharing schedule for the parents and children too. The issues concerning the minor children should also be included, and consist of issues such as the children’s education, their health care, and physical, social, and emotional well-being.

When creating parenting plans, it is important to consider all of the circumstances between the parents, including the history of their relationship, whether there are any issues about domestic violence, and many other factors must be taken into consideration.

A parenting plan has to be either developed and agreed to by the parents and approved by a court; or in the alternative, a parenting plan must be established by the court – with or without the use of a court-ordered parenting plan recommendation – when the parents cannot agree to a parenting plan, or the parents agreed to a plan, but the court refuses to approve the parents’ plan.

Register here.

Speaking at Marital & Family Law Review Course

Posted by Ron Kauffman on

Honored to be asked to speak to over 1800 divorce lawyers, judges, hearing officers and other professionals at the prestigious Marital & Family Law Review Course in Orlando from January 31st to February 1st. I will be discussing modifications of parenting plans, settlement agreements, alimony and support. The event is co-sponsored by the Florida Bar Family Law Section and the American Academy of Matrimonial Lawyers.

Cert Review Speech

Modifications

Life happens. When it does, we often have to make changes to our parenting plans, agreements, the alimony we pay or receive, and the amount of support being paid. What do you need to modify any aspect of your divorce agreement or order?

In Florida, a substantial change is what must be proven in court when a parent wishes to modify a previous court order or divorce or separation agreement. It may be the person who must pay alimony or support and recently retired, lost their job, or received a significant pay cut.

A change may come from a whose job now allows them to spend more time at home and would like to spend that extra time with their children. Whenever there has been a substantial change in your circumstances you may be able to ask for a modification of your court order or agreement

Certification Review Course

It is a privilege to be invited to speak again at the annual Marital and Family Law Certification Review course again.

The annual seminar is the largest, and most prestigious advanced family law course in the state. Last year’s audience included over 1,800 attorneys and judges from around the state.

The review course is co-presented by the Family Law Section of The Florida Bar, and the American Academy of Matrimonial Lawyers.

Registration information is available here.

Custody Parenting Plans Go Global

Posted by Ron Kauffman on

A bill winding through the Italian legislature will make any couple seeking divorce with minor children go through mandatory mediation to create a child custody parenting plan to decide all custody and time-sharing issues – from the child’s residence to schooling.

Child Custody

That’s Not Amore

The bill also would require that any parenting plan must stick to prescriptive shared custody measures that require children to spend at least 12 days a month with each parent and class them as resident at both parents’ addresses, rather than one as is currently the case.

“Shared custody already exists,” Assunta Confente, a lawyer and representative of the Camera Minorile children’s rights group, told the protest in Turin. If the law passes, she added, “children will be forced to live two lives.”

The bill would also take away monthly child support and replace it with directly paid maintenance, whereby parents pay for children’s needs as and when they arise instead of handing over a fixed sum in advance.

Florida Parenting Plans

I’ve written on Florida’s attempts to legislate the parenting plan concept before, including equal timesharing and other issues.

In Florida, a Parenting Plan is required in all cases involving time-sharing with minor children, even when timesharing is not in dispute.

A “Parenting plan” is a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and the child.

The issues concerning the minor child include the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors are taken into consideration.

The Parenting Plan must be developed and agreed to by the parents and approved by the court. If the parties cannot agree to a Parenting Plan or if the parents agreed to a plan that is not approved by the court, a Parenting Plan will be established by the court with or without the use of parenting plan recommendations.

‘Avere un diavolo per capello!’

Women from Milan to Naples, women’s associations, trade unions and more joined together to request that the bill be withdrawn amidst fears that it risks turning the clock back 50 years for women, children and survivors of domestic abuse

The bill has attracted criticism from the United Nations. Last month its special rapporteurs on violence and discrimination against women wrote to the Italian government to express concerns that the bill was one of several signs in Italy of a “backlash against the rights of women and attempts to reinstate a social order based on gender stereotypes and unequal power relations”.

The imposed mediation process would be “very damaging if applied in cases of domestic abuse”, they wrote. If the bill becomes law, “the child, even if they are a victim of violence, will be obliged to meet the violent parent”.

As well as scrapping child support, the bill redefines allocation of the family home. Where the house is in both names, the parent who remains in it will be required to pay a fee to the one who moves out. The bill also reverses the current right of the child and primary caregiver (usually the mother) to continue living in the family home unless they own or rent it.

The Local it article is here.