By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Trial court erred in finding that son lacked standing to enforce a provision of his parents' marital settlement agreement that provided for payment of college tuition because the trial court was wrong to raise the issue of standing sua sponte, the son had previously been granted permission to intervene in an action over the same provision and thus, had standing and son had standing as a third-party beneficiary of the agreement. Order vacated.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Trial court correctly held that mother was in contempt of the court's order but erred in not imposing sanctions for mother's repeated, flagrant and ongoing contempt of orders related to child custody because no sanctions for flagrant abuse of court orders was an a abuse of discretion and father could challenge the order as a collateral order. Reversed in part and affirmed in part.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Where the parents had a history of poor communication, primary physical custody of the child was awarded to mother who had a more flexible schedule.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The trial court erred in holding that wife could negate a recital affirming her knowledge of the parties' marital estate based on her subsequent assertion that she did not know the full extent of the martial assets when she executed a property settlement agreement. The court reversed a trial court order imposing a constructive trust.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The trial court did not err in denying wife's petition seeking to invalidate the parties' property settlement agreement as its properly chose to adhere to its prior rulings and barred wife from seeking to invalidate an agreement she had successfully enforced. The court affirmed a trial court order denying wife relief.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The court concluded that for purposes of the Hague Convention on the Civil Aspects of International Child Abduction, the retention date of a child is the date beyond which the noncustodial parent no longer consents to the child's continued habitation with the custodial parent and seeks to reassert custody rights. The court affirmed an order denying father's Hague Convention petition.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Biological father evinced a settled purpose of relinquishing his parental rights where he had only minimal contact with the child during the first three years of her life, and no contact at all since 2009. Mother imposed no obstacles preventing father's contact with the child. The court held termination of father's parental rights was in the child's best interests.
By Michael E. Bertin | August 21, 2017
Two of the most talked about issues among family law practitioners and the bench are child relocation cases and whether custody orders may be modified at contempt hearings. I've written numerous times on these issues.
By Ben Seal | August 18, 2017
A child can intervene in his parents' marital settlement agreement to enforce a provision that directly benefits him, the Pennsylvania Superior Court has ruled.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
The trial court erred in determining that the procedure for distribution of the settlement proceeds outlined in 23 Pa. C. S. § 4308.1 applied to father's settlement for workers' compensation benefits and that neither a workers' compensation judge nor a claims servicer were required to comply with an otherwise valid nondisbursement order. The court reversed and remanded.
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