The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

Read More

Menezes v. McDaniel

Court: California Courts of Appeal

Docket: D074434(Fourth Appellate District)

Opinion Date: January 15, 2020

Judge: Richard D. Huffman

Areas of Law: Civil Procedure, Family Law

Following protracted postjudgment litigation over the transfer of title of real property from Natache Menezes (Wife) to Tim McDaniel (Husband), the trial court issued $200,000 in sanctions against Wife, pursuant to Family Code section 271. Wife challenged the sanctions, contending they improperly included anticipated attorney fees and costs, and the amount was not supported by substantial evidence showing they were tethered to attorney fees and costs. The Court of Appeal concluded the superior court did not abuse its discretion by awarding the sanctions, including the anticipated fees and costs. However, the matter was remanded for the trial court to ensure that the bases for the $200,000 award included only expenses tethered to attorney fees and costs.

Parental Responsibilities Concerning W.C.

Court: Colorado Supreme Court

Citation: 2020 CO 2

Opinion Date: January 13, 2020

Judge: Brian D. Boatright

Areas of Law: Family Law

Mother, Kimberly Nanke, filed a petition requesting an allocation of parenting responsibilities to her child, W.C. The trial court ultimately entered permanent parenting responsibility orders, granting Mother sole decision-making responsibility and making her the primary residential parent. Father, Winston Conkling, appealed. While his appeal was still pending, however, Father filed motions to modify the orders in the trial court, alleging changed circumstances. This raised the question of whether the trial court had jurisdiction to modify the very orders that were on appeal. The trial court believed that it did not have such jurisdiction; a division of the court of appeals disagreed. After its review, the Colorado Supreme Court held that, because Father’s motions to modify were material to his appeal and sections 14-10-129(1)(a)(I), C.R.S. (2019), and 14-10-131(2), C.R.S. (2019), did not specifically grant trial courts jurisdiction to modify parenting responsibility orders while an appeal of the orders is still pending, the trial court here did not have jurisdiction to rule on Father’s motions to modify while those orders were on appeal. The Supreme Court concluded the court of appeals therefore erred in concluding the trial court retained jurisdiction to modify the orders during the pendency of Father’s appeal.

Puff v. Puff

Court: Connecticut Supreme Court

Docket: SC20058

Opinion Date: January 14, 2020

Judge: Andrew J. McDonald

Areas of Law: Family Law

In this postdissolution matter the Supreme Court affirmed the judgment of the Appellate Court reversing the decision of the trial court granting Defendant's motion for sanctions and for contempt, holding that there was no basis to support the award of attorney's fees and costs. This matter stemmed from the parties' oral stipulation following a motion for modification of alimony and the trial court's adoption of that stipulation as a court order. Subsequent litigation efforts saw Defendant attempting to carry the order into effect and Plaintiff challenging the order. At issue was the court's decision to grant Defendant's postjudgment motion for sanctions and for contempt and awarding Defendant the litigation expenses he had incurred following the entry of the order adopting the stipulation. The Appellate Court reversed the trial court's judgment of contempt. The Supreme Court affirmed and further concluded that the sanction for litigation misconduct must be reversed, holding that, insofar as the award was based on contempt, it could not stand on any of the grounds articulated by the trial court, and insofar as the award was based on litigation misconduct, it lacked the requisite findings.

In re Adoption of C.A.H. v. R.S.E.

Court: Supreme Court of Indiana

Docket: 20S-AD-5

Opinion Date: January 10, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Court reversed the trial court's finding that Father's consent to the adoption of his child was irrevocably implied in this contested adoption proceeding, holding that a parent's implied consent to the adoption of a child may not be based solely on the parent's failure to appear at a single hearing. Grandparents filed a petition to adopt Child, claiming that Father's consent to the adoption was unnecessary. Father contested the adoption. But when Father failed to appear the morning of the final hearing in the adoption case, the trial court entered a decree of adoption, finding that Father's consent was not necessary. The Supreme Court reversed, holding that where Father appeared at the initial final hearing before it was rescheduled, responded to pleadings, and maintained communication with his attorney throughout the proceedings, the trial court erred in finding that Father's consent was irrevocably implied because of his failure to attend the final hearing.

In re B.H.

Court: Montana Supreme Court

Citation: 2020 MT 4

Opinion Date: January 14, 2020

Judge: Gustafson

Areas of Law: Civil Rights, Constitutional Law, Family Law

The Supreme Court reversed the judgment of the district court terminating Father's parental rights to his two children, holding that Father's due process rights were infringed by ineffective assistance of counsel, and because of counsel's ineffective assistance, Father was prejudiced and his parental rights were terminated. In arguing that he received ineffective assistance of counsel as it related to placement of the children and his stipulation to a treatment plan, Father pointed out that he was the non-offending, non-custodial parent and that there were no allegations of abuse or neglect ever brought in this case against him. Father asserted that but forms counsel's failure to correct legal misunderstandings, failure to object to an unnecessary treatment plan, and failure to request a placement hearing, his parental rights would not have been terminated. The Supreme Court agreed, holding (1) the Montana Department of Health and Human Services, Child and Family Services Division did not prove the existence of good cause to deny immediate placement with Father; and (2) Father's fundamental rights were prejudiced by ineffective assistance of counsel.

In re C.L.S.

Court: Vermont Supreme Court

Citation: 2020 VT 1

Opinion Date: January 10, 2020

Judge: Carroll

Areas of Law: Family Law, Government & Administrative Law

Parents appeal the termination of their parental rights to son C.L.S. C.L.S. was born in February 2018. During mother’s last trimester of pregnancy, hospital staff reported to the Department for Children and Families (DCF) that mother had repeatedly tested positive for illicit unprescribed substances. She missed numerous prenatal and medication-assisted-treatment appointments during her pregnancy. She declined inpatient treatment or a referral to a substance-abuse clinic. Parents were unmarried but lived together prior to C.L.S.’s birth. At birth, C.L.S. weighed less than five pounds, had an underdeveloped esophagus, and was in withdrawal from having illegal drugs in his system. He initially required a feeding tube. Mother tested positive for numerous unprescribed illegal drugs. DCF took C.L.S into custody on an emergency basis on the day he was born and filed a petition alleging that C.L.S. was a child in need of care or supervision (CHINS). A temporary care hearing began the following day. The parents denied that C.L.S. was CHINS, sought a conditional order giving custody to father, and requested a contested temporary care hearing. The court continued custody with DCF but permitted parents to have unsupervised contact with C.L.S. while he remained in the hospital. C.L.S. was subsequently discharged to a foster home and father filed a motion requesting parent-child contact and unsupervised visitation. In September 2018, after a contested hearing, the court issued a disposition order continuing DCF custody and adopted a case plan calling for concurrent goals of reunification with either parent or adoption. Neither party appealed the disposition order. In January 2019, the State filed petitions to terminate mother’s and father’s parental rights. On appeal, neither parent challenged the court’s findings or conclusions in the termination order. Rather, they asserted the court committed various errors at the temporary care hearings that required reversal of the merits determination and subsequent disposition orders. Finding no abuse of discretion, the Vermont Supreme Court affirmed termination.