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The parent seeking to terminate a kinship legal guardianship has the burden of proving by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings,
24 Feb 2010, 12:32 pm by PaulKostro
Law Lessons from New Jersey Division of Youth and Family Services v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Looking into the Record of United States v. Skinner, the Sixth Circuit Phone Location Case
16 Aug 2012, 11:53 pm by Orin Kerr
(Orin Kerr) I recently blogged about United States v. [read post]
The Volokh Conspiracy - http://volokh.com
Unclean hands in an affirmative defense, while breach of duty good faith and fair dealing is a counterclaim
23 Mar 2011, 9:28 am by PaulKostro
See R. 4:5-4; Glenfed Financial v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fifty-fifty split of the property is not necessary for equitable distribution
27 Apr 2010, 8:26 am by PaulKostro
See Rothman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before determining that a party is entitled to equitable distribution of an asset simply because it was not included in a PSA, the judge is required to decide whether such a result is fair and just under all the circumstances
20 Oct 2010, 11:39 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the movant seeks a change in a de facto custody arrangement, the movant need only show that it is in the child’s best interests to change custody
27 Apr 2010, 8:23 am by PaulKostro
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has broad discretion in setting alimony and equitable distribution
2 Feb 2010, 8:40 am by PaulKostro
Law Lessons from JANICE MEKHAIL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
See Campione v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pro se attorney litigant is not entitled to a fee award
15 Oct 2010, 1:45 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mutual mistake doctrine applies when a mistake was mutual in that both parties were laboring under the same misapprehension as to a particular, essential fact
28 Sep 2009, 9:47 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Wayback Machine Builds Reputation with Judiciary
12 May 2016, 12:30 pm by maggie
Town of East Hampton, 628 F.Supp.2d 329 (E.D.N.Y. 2009); Jordan v. [read post]
CM Law Library Blog - http://cmlawlibraryblog.classcaster.net/
The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background
17 Jan 2012, 1:33 pm by PaulKostro
NEWMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who has been deprived of the exercise of his or her free will by way of moral compulsion or psychological pressure cannot provide the consent necessary to enter into a valid contract
21 Mar 2012, 7:30 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Enbridge Decision and Beyond: Issues to Watch Following Gitxaala Nation v Canada
22 Aug 2016, 4:00 am by Jessica Clogg
Gitxaala Nation v Canada – The Enbridge Cases The Enbridge proposal would have seen diluted bitumen carried by pipeline approximately 1,200 kilometres from northern Alberta to Kitimat BC, across over 1,000 rivers and streams, to a new marine terminal. [read post]
Slaw - http://www.slaw.ca
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entire controversy doctrine requires litigants in a civil action to raise all affirmative claims arising from a single controversy that each party might have against another party, including counterclaims and cross-claims
4 Oct 2010, 12:12 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues