UPDATES IN MICHIGAN FAMILY LAW

Parental abduction: A victim speaks

Recently, I received an email from a woman who had been kidnapped by her father in 1961. She described the psychological damage and the destruction of the family structure that can be so damaging to a child who has been kidnapped by a parent. She invited me to share our conversation with my readers.

"Dear Ms. Hannah,
 
I'm not sure if you can answer my question or not, but your name came up in my Google search.  My father abducted me and my siblings in 1961 from our home state of Illinois to Mississippi, then to Louisiana, then back to Mississippi.  According to my mother, she divorced my father shortly after the abduction and was awarded sole custody (could this have occurred without my father's knowledge?).  Also, according to my mother, the judge told her if you can find them, they're yours.  My mother also said if she had found us and attempted to take us back from our father she was told he could have had her arrested for kidnapping in that state.  Were there any laws back then that could have helped my mother?  Just for the record and speaking as a now adult victim of a parental kidnapping, I am of the opinion that parental kidnapping is a crime against a child, whether it's 2010 or 1961.  Thank you for your time.  Carolyn"

Survey of judges indicates unrepresented litigants are hurting their cases

The weak economy has increased the number of litigants representing themselves in foreclosures, domestic relations, consumer issues and non-foreclosure housing matters according to a survey of nearly 1,200 state trial judges around the country. Judges surveyed say the increase in self-representation has two primary serious results. The say litigants are doing a poor job presenting their cases and that they are burdening courts already hurt by cutbacks. The judges cite the most important mistakes these folks are making.

The study was conducted by the ABA Coalition for Justice. You may read a preliminary report on the survey in the ABA Journal online here: Judges Say Litigants Are Increasingly Going Pro Se—at Their Own Peril

Pilot programs for informal divorce process

According to the Detroit Free Press, two Michigan counties will try an informal divorce process. This will involve the judge meeting informally with the parties to discuss recommendations for child custody and parenting time. The two counties in this pilot program initiated by the Michigan Supreme Court are Gratiot and Clinton counties.

The Supreme Court Administrative Order describing the process may be read here.

Treatment of workers compensation benefits in property division

In Cunningham v Cunningham, released on July 13, 2010 by the Michigan Court of Appeals, [For Publication, Docket No 285541], the COA held that certain proceeds from a worker’s compensation award were marital and not separate property despite the fact that the injury occurred prior to the marriage.

The Cunninghams were married for 25 years. Prior to the marriage, Mr. Cunningham was injured. The litigation under the Workers Compensation Disability Act took about five years. During the marriage, he received a large sum during the marriage as a result of this work-related injury, which ultimately left him disabled and unable to work.

iPhone 4 -- Consumer Reports won't recommend

My sons swear by anything Apple. I have a lot of lawyer friends who love their iPhones. But CNN reports that Consumer Reports will not recommend the iPhone 4. Check out CNN News to find out why.

Hint: Now I know why I have such trouble getting a clear connection with David who lives just north of mid-town Chicago.

Mike Golub, Michigan family lawyer suggested looking at Android phones and Scott Bassett, the Family Law Section's tech guru had these very valuable comments:

I agree with Michael's suggestion to look at Android phones if you want a phone that can run apps for a variety of things like the iPhone does.  Also, if you are a user of Gmail or any of Google's services, the way Android (also a Google product) integrates with your Gmail account and other services is superb.  If your interest is primarily POP or corporate (Exchange) email and voice only, a Blackberry is a simpler choice, although an Android phone will work with any email service, including Exchange (I use mine to access my Exchange email with the Affinity Consulting Group for the newsletter I edit. 

Calculator to figure the inventory fee for probate estate

If you have the occasion to file an estate for probate, there is a handy calculator on the website of the Kalamazoo County Probate Court Website. You may access it here.

Granholm says "No" to tax on services

Lawyers in Michigan and other businesspersons are heaving a big sigh of relief. Governor Granholm has nixed the idea of taxes on services delivered, such as legal services. You may read the report in the Detroit News here.

Web Tool Helps Veterans Navigate Web Resources

The U.S. Department of Labor (DOL) has announced that it has revised its e-VETS Advisor—an interactive, online tool to assist Veterans, Service Members and their families and caregivers to quickly and easily navigate Web-based information on a variety of topics, including education, job training and employment. 

The updated e-VETS Advisor offers access to more than 11,000 services and resources at the national, state and local levels.  In addition to education, job training and employment, it provides information on benefits and compensation; family and caregiver support; health; housing; homeless assistance; and transportation and travel.  It integrates with the National Resource Directory (NRD), a Web-based index of services and resources collaboratively managed by the Departments of Defense, Labor and Veterans Affairs.

Department of Veterans Affairs to ease rules for PTSD claims

Family law attorneys are seeing so much pain in our military families.  Here is some news about veteran's benefits for PTSD that we should send on to our military clients, past and present. Many of them may be aware of this, but it never hurts to make certain.

The New York Times reported on July 7, 2010 that the Department of   Veterans Affairs will make it "substantially easier" for veterans to receive disability benefits for post-traumatic stress disorder. The rules will apply to veterans of all wars, not just the most recent ones.

Under the new rules, first proposed last summer and scheduled to take effect as early as next week, veterans will not have to document specific events that may have caused PTSD. Claimants need "simply show that they served in a war zone and in a job consistent with the events that they say caused their conditions," according to the Times.

Currency converter | A helpful tool

Now in Jeanne's Toolkit: A very handy online currency converter.

Access this helpful currency converter here.

Service members | Foreclosures for unpaid homeowner association dues?

As if family law attorneys don't have enough to worry about in All things Considered reported on June 29, 2010 about Capt. Mike Clauer. Clauer was serving in Iraq last year as company commander of an Army National Guard unit assigned to escort convoys. It was exceedingly dangerous work — explosive devices buried in the road were a constant threat to the lives of Clauer and his men. [Photo from Mike Clauer]This NPR story wouldn't come about if we were talking about just one family. Clauer was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.

This NPR story wouldn't come about if we were talking about just one family. Clauer was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.

"She was bawling on the phone and was telling me that the HOA [homeowners association] had foreclosed on our house, and it was sold," he says. "And I couldn't believe that could even happen."