UPDATES IN MICHIGAN FAMILY LAW

Michigan Court of Appeals Gets it Wrong Again on Post-Nuptial Agreements

Today's guest author is Scott Bassett, a Michigan Family Law Appellate lawyer.

Once again a panel of the Michigan Court of Appeals misunderstood the facts of Lentz v Lentz, 271 Mich App 465 (2006), and improperly relied on it to declare a post-nup agreement void as against public policy because the parties "were not separated" when the agreement was signed.  This perspective is, of course, contrary to the clear trend in Michigan case law recognizing that adults are free to enter into binding contracts on property, spousal support, and even child support (with some limitations) issues. 

Yesterday the C of A decided Cheff v Cheff, which you will find here:

The Cheff panel quoted from the "bad facts make bad law" Wright v Wright, 278 Mich App 291 (2008), decision, stating:

 

Sean's Story | NBC Dateline | Meredith Viera Interviews Sean Goldman

Dateline NBC aired the most remarkable and incredibly moving hour long interview on Friday, April 27, 2012. Meredith Viera interviewed Sean Goldman--the center of a high-profile international abduction case that ended with Sean's return from Brazil with his father on Christmas Eve in 2009. I've read the studies about the harm that parental abduction can and does do to children. What could be more devastating to a child that being taken and then being told "Your Mom/Dad doesn't want you" or "Your Mom/Dad died" or, as in Sean's case: "This is your new father?"

Sean Goldman Speaks Out: Effects of Abduction, Return to his Father & Guide

Sean Goldman, the boy at the center of Brazilian abduction case resolved on Christmas Eve in 2009, has spoken out in an interview with Meredith Viera. This was Sean Goldman's first interview about his experience as an abducted child and about the reunification with his father in 2009 . Sean spoke of his experience in Brazil after his mother died and his grandmother and step-father sought to keep Sean there.

He said it was very hard. "I wasn't angry. I was confused." Talking about how things have become much better in the two years since the reunification, Sean said: "Now I have a guide, my dad. . . . That's why it's easier, because I have my dad. The interview is refreshing and this is one very charming young man. You can view a portion of the interview in a video below.

Citing Wikipedia as Legal Authority? Even Judges Do It.

A 2007 article in the New York Times noted the frequency with which judges cite Wikipedia in their rulings. The article noted that, at the time, more than 100 judicial rulings had relied on the accuracy of the online encyclopedia. This included rulings from 13 federal courts of appeals.

Last Friday, the U.S. Court of Appeals for the Fourth Circuit threw out convictions in a cockfighting case because a juror had used Wikipedia to research an element of the crime. The basis of the decision was concerns about Wikipedia’s reliability, given its “open-access nature.” [Anyone can register and modify a Wikipedia article].

The Wall Street Journal Law Blog was curious and researched the trend for citing the Internet encylopedia. The result? The WSJ found that in between 2007 and last week's date, federal courts of appeals have cited Wikipedia about 95 times. Some of those incidents have a rather humorous bent.

Permission to Travel Letters | International Travel with Minor Children

Thinking about traveling during your child's next school vacation period across international borders? Be prepared. Not only will you need your child's passport, if you are traveling without your child's other legal parent, you'll need a Permission to Travel Letter.

A child departing from the United States and other countries, traveling with only one parent, a guardian, grandparents or other adults must have a written and notarized Permission to Travel Letter from both legal parents or legal guardians to enter many countries. In fact, if the child is on a cruise ship, the child will need such a letter to participate in shore excursions.

Minors traveling in groups:  Sometimes, minors under 18 leave the United States with school groups, teen tours, or friends on a vacation. Minors traveling with sports teams and academic study programs must have a similar Minor Consent to Travel form.

Division of Military Pensions | Protecting Interests

Military disability benefits can be misunderstood not only by spouses or former spouses, but also by some attorneys. It's very important to understand the financial ramifications for a former spouse if a military service member retires on disability or partial disability so that he or she does not receive the amount of "retired pay" that was relied upon when drafting a judgment of dissolution or judgment of divorce. Mistakes can be costly. See especially items number 18 through 20 in a handout (link below) prepared to help lay people and lawyers protect former spouses when distribution of a military pension will be included in a divorce judgment.

Thanks for the heads-up from Deanne L. Bonner of the law firm Bonner Di Salvo PLLC about the recent revision of the NCLAMP handout regarding military disability benefits. The Legal Eagle handout, VA Disability Compensation and Divorce – Facts and Fallacies, was written by Mark E. Sullivan, Col., Ret., a member of the Military Committee, ABA Family Law Section.

Mr. Sullivan is also the author of The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families, Second Edition, (Am Bar Assn 2011). There are discounts available for members of the ABA.

Dictation on Smart Phones

Many users of iPhones and Android phones are unaware that their phones come with dictation features. WSJ's Personal Technology Columnist Walt Mossberg tests out this little-used feature of smartphones and finds it works surprisingly well for composing hand-free text. For all of us out there looking for a good way to save time and generate documents more easily, have a look-see at Mossberg's comments. He says:

I am writing this paragraph on an iPhone. But I am not typing it on the phone's virtual keyboard. I am dictating it using a little-known feature that allows you to employ your voice, instead of your fingers, wherever text entry is possible on the device.

Read the column here: Take a Note: Typing With No Hands. Mossberg, Walter S., Wall Street Journal, April 11, 2012. See his interesting video here:

Military Deployment or Divorce & Child Custody

I often represent service members who have family law issues. I'm sure no one will disagree, though, that SMs don't usually have the financial resources for expensive divorce litigation. If the issues are not complex (for example, do not involve child custody or parenting time, or do not involve a claim regarding any rights to retirement benefits because the marriage is very short and it's easier in the long run to offset a retirement claim against another asset), there are times when SMs can help themselves. It's not something I recommend that an SM do, however, without first taking a careful look at the issues and perhaps scheduling an appointment with an experienced family law attorney.

Fault-based Divorce London-style | Seriously: It's About the Tuna Casserole?

Recently Justice Matthew Thorpe, commented about accusations of fault that have come before him in divorce petitions to support allegations required as grounds for a divorce in England. Justice Thorpe said that there would have be no need for the painful allegations and investigations if the government had enacted past proposals to allow no-fault divorce. The current system, said the judge, "seem to represent the social values of a bygone age.”

Under current English law, there are only five grounds for divorce, including adultery and abandonment. Grounds for divorce alleged in about half of the cases now filed fall into a general allegation of "unreasonable behavior." In this category, one party has to accuse the other of acting so unreasonably that living together has become intolerable.

Stop the Bullies | Kiwanis Magazine

From my friend, James P. Ryan, family lawyer from Plymouth, Michigan, comes this heads up about an important articke in the Kiwanis magazine. The notice says:

"You may know the names from news reports. You may even know their individual stories. Each is different; yet each is the same.

•  Carl Joseph Walker-Hoover, 11 years old: April  6, 2009
•  Megan Taylor Meier, 13 years old:  October 17, 2006
•  Phoebe Prince, 15 years old: January 14, 2010
•  Tyler Clementi, 18 years old: September 22, 2010

Bully & Bullying: Two New Films Explore the Issue

Two new films about bullying--kids tormenting other kids--are being talked about. Let's hope  parents, teachers and especially kids will see these movies. The films are "Hunger Games" and "Bully."

NPR said this week that one of the films, a documentary, may have a hard time getting into theaters. Because the F-word is used six times in the film, the review board refused to rate the film PG-13, instead giving it an "R" rating. This means that none of the kids in the film could even get into a theater where it is being shown! NPR sums up the film as follows: