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In the high-conflict divorce, try as it may, a court has little to offer minor children caught in Mom and Dad's crossfire. Regrettably, in many, if not most, instances, the more resources directed toward high conflict divorces, the more opportunity for escalating the conflict, unintended though it may be. One of the reasons for this entrenching of positions seems to be the identification of a specific role with its concomitant stance for everyone involved.
Features
<b><i>ASFA Can Be Retroactive, Says Judge</i></b> In a decision issued July 2 in a case of first impression, Chief Judge Judith S. Kaye of the Court of Appeals interpreted the Adoption and Safe Families Act (ASFA), enacted in February 1999, to find that it can be applied retroactively to expedite the placement of severely abused children and their siblings.
Features
<b><i>Part One of a Two-Part Article.</i></b> Forensic psychological assessments are often pivotal documents that can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post disposition. Forensic reports arrive in court as documents that represent the application of a behavioral "science" and there is therefore a common expectation that the recommendations will be weighted heavily because they will go beyond common public knowledge or subjective value choices.
Rulings of importance to your practice.
Features
Rulings of importance to your practice.
A comprehensive list of key cases discussed in this issue.
<b><i>Part Two of a Two-Part Article</i></b> Part One of this article reported on how the Court of Appeals, in 40 <i>W. 67th St. Corp. v. Pullman</i> (5/13/03), ruled that RPAPL '711(1) should be interpreted when the evicting landlord is a housing cooperative. Part Two discusses the ramifications of <i>Pullman</i> in the courts.
By a slim 17-vote margin, the American Bar Association's House of Delegates during the association's annual meeting changed model rules governing the attorney-client privilege in the hopes of combating corporate fraud.
