December 10, 2024 | The Legal Intelligencer
Defendant in Protection From Abuse Case Has Standing to File for ContemptSection 6114.1 of the Protection from Abuse Act states: “a plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved agreement issued under this chapter or a foreign protection order.” Because 6114.1 only states that a “plaintiff” may file a petition for civil contempt, may a “defendant” file a petition for civil contempt in a protection from abuse matter?
By Michael E. Bertin
6 minute read
October 15, 2024 | The Legal Intelligencer
Calculation of Income for Child Support Examined by Superior CourtAn intricate component in child support cases is the calculation of the parties' income for purposes of determining child support. In the recent…
By Michael E. Bertin
7 minute read
August 13, 2024 | The Legal Intelligencer
Income of Grandparents Not Considered in Child Support CaseThough the issue of child support obligations of stepparents and paramours has been addressed in the Pennsylvania Superior Court and Supreme Court, the Pennsylvania appellate courts have not addressed the support obligations of grandparents until the recent case of Mazzarese v. Mazzarese. In a case of first impression, the Superior Court addressed the issue head on in Mazzarese.
By Michael E. Bertin
8 minute read
June 18, 2024 | The Legal Intelligencer
Sua Sponte Transfer of Child Custody Jurisdiction AffirmedJurisdiction attaches when the action is commenced in the state. Therefore, as long as the requirements for initial jurisdiction are met when the case is filed, the case will proceed in the state. Even if the parties and the child move out of state during the pendency of the case,
By Michael E. Bertin
9 minute read
April 09, 2024 | The Legal Intelligencer
Trial Court Reversed After Dismissing PFA Petition Under Res Judicata and Collateral EstoppelThe Moyer case is an important reminder for both the family law practitioner and bench. It stresses the importance of res judicata and collateral estoppel for the smooth running of the courts and instills predictability and reliability in the litigants relying on court decisions.
By Michael E. Bertin
7 minute read
February 06, 2024 | The Legal Intelligencer
Superior Court Examines Death of a Party Pending a Divorce ActionIn the recent case of Shell v. Shell, the Pennsylvania Superior Court addressed the issue of when a divorce litigant dies prior to a party filing an affidavit under 3301(d). In the Shell matter, a divorce action was instituted, and prior to either party filing an affidavit under Section 3301(d), the husband passed away.
By Michael E. Bertin
6 minute read
December 08, 2023 | The Legal Intelligencer
Shared Legal and Equal Physical Custody Awarded to Third PartyIn 2019, an important case was decided by the Pennsylvania Superior Court. That case was RL v. MA. The RL case pertained to a custody dispute between a same-sex couple. In Pennsylvania's Child Custody Act, there is only one presumption.
By Michael E. Bertin
7 minute read
October 16, 2023 | The Legal Intelligencer
Order Awarding Custody of Child in Germany Examined by Superior CourtRelocation cases are even more difficult and taxing on everybody involved. An interesting wrinkle involves a situation where the parents already live a significant distance apart and one parent seeks to move the child from where the child resides with the other parent to that parent's residence.
By Michael E. Bertin
9 minute read
August 14, 2023 | The Legal Intelligencer
Superior Court Reiterates That 'Gruber' Case Has Been Superseded by Custody ActIn discussing Gruber, the Superior Court, in Carrero, stated: "the idea was, if the relocation benefited the relocating custodial parent, then the parent's benefit would automatically 'flow to the children.'" There was also a line of cases that did not subscribe to the "trickle down" "flow to the children" theory, but the majority of the relocation cases that existed post-Gruber subscribed to the "trickle down" "flow to the children" theory.
By Michael E. Bertin
6 minute read
June 20, 2023 | The Legal Intelligencer
Modification of Alimony Due to Change in CircumstancesIn the recent case of Crocker-Fasulo v. Fasulo, the court addressed a petition to modification or termination of alimony filed by the husband.
By Michael E. Bertin
7 minute read