A Local Case of “Child Abduction” Involving the Country of Japan

On October 24, 2009, our Ohio Family Law Blog published an article entitled, “U.S. Father Arrested In Japan For Picking Up Children ‘Abducted’ By Ex-Wife…The Rest Of The Story”!  On Sunday, August 15, 2010, the Dayton Daily News published a human interest news story entitled, “Dad With Custody Can’t Get Kids From Ex-Wife In Japan”.  The 2009 article involved a Father from the State of Tennessee having a former Wife secret his two children away to the Country of Japan without his knowledge or consent. The most recent incident reported in the Dayton Daily News involves a Father residing in the State of Ohio whose Wife secreted his two children to the Country of Japan without his knowledge or consent before the termination of the parties’ marriage.  The subject Father, Kent Swaim, is a client of our firm.  He has given us permission to share his story!

Facts of the Kent Swaim Case:

  1. Kent Swaim (“Husband/Father”) is an active duty member of the United States Air Force.  
… View Full Article → “A Local Case of “Child Abduction” Involving the Country of Japan”

The Importance of Financial Planners for Clients Facing Divorce or Dissolution

I generally begin my articles for our Family Blog Web Site with a definition of the topic or subject that I am addressing, and this month’s article will not deviate from that practice.  Finance is defined by Webster’s New World Dictionary as being “the science of managing money”.  And, Financial Planner is defined by Wikipedia as “a practicing professional who helps people deal with various personal financial issues through proper planning, which includes but is not limited to these major areas: cash flow management, education planning, estate planning, investment planning, risk management and insurance planning, tax planning, estate planning and business succession planning (for business owners).  The work engaged in by this professional is commonly known as personal financial planning.  In carrying out the planning function, he or she is guided by the financial planning process to create a financial plan – a detailed strategy tailored to a client’s specific situation, for meeting a client’s specific goals.”… View Full Article → “The Importance of Financial Planners for Clients Facing Divorce or Dissolution”

When Our Adult Children Divorce

As an adult who weathered through a divorce proceeding within the past thirteen (13) years, I was the product of an “intact family” having parents who were married for more than 54 years.  Like most young women, I was “socialized” into thinking that I would grow up, meet Prince Charming, fall in love, get married, and “live happily ever after”!  Unfortunately, that dream of many young women has become more of a myth than a “true-to-life” fairy tale as our divorce rate approaches or exceeds 50% for first time marriages.  Nevertheless, I was hopeful that my two children would not be negatively affected by their parents’ divorce as they were not toddlers anymore.  When my divorce actually took place, both children had graduated from college and were living independently.

When my son advised us that he was going to become engaged, we were thrilled for him.  They seemed to be so happy and so in love with one another.… View Full Article → “When Our Adult Children Divorce”

AlcohoIism And Chemical Dependency: Special Dilemmas In Family Law Cases

Alcoholism is defined by Webster’s New World Dictionary as “the habitual drinking of alcoholic liquor, or as a resulting diseased condition”. It is also defined as a chronic and progressive illness characterized by physiological and psychological dependency upon the ingestion of alcohol; a loss of control over drinking, including when, and in what form, how much, and why; and interference with normal functioning in one or all such areas such as family, work, friendship, and community activity.

Chemical Dependency can be defined as alcoholism is above…..but it is a chronic and progressive illness characterized by a physical and psychological dependency upon the ingestion of legal or illegal mood altering drugs; a loss of control over the ingestion of the drugs, including when, and in what form, how much, and why; and interference with normal functioning in one or all such areas such as family, work, friendship, and community activity.

Are families in domestic relations matters impacted by these diseases?… View Full Article → “AlcohoIism And Chemical Dependency: Special Dilemmas In Family Law Cases”

Contempt Remedies for Non-Compliance with Court Orders

Factual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  … View Full Article → “Contempt Remedies for Non-Compliance with Court Orders”

In Camera Interviews of Children in Divorce Court

What is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  … View Full Article → “In Camera Interviews of Children in Divorce Court”

They Fight For America and Upon Return Must Fight For Their Children…

Recent articles and news programs have focused upon active duty military members who have returned from overseas tours of duty (often in the Middle East) to find themselves engaged and involved in “custody battles” with former spouses who are arguing it would be in the “best interests” of the minor child/children to remain with the parent who has provided care and custody during the year(s) the military parent was deployed overseas.

Michael R. Turner, R-Ohio, a member of the House of Representatives, has been trying for the past three to four years to pass an amendment to the National Defense Authorization Act (“NDAA”) which would provide military parents child custody protection while they are serving out-of-country on active duty with any branch of the military service.  To read Turner’s proposed amendment, click here. In a pointed letter directed to the Secretary of Defense, Robert M. Gates, on September 30, 2009, Representative Turner wrote:

“What is particularly troubling (to me) is that the Department of Defense has misplaced priorities with regard to federal protections for service members.  … View Full Article → “They Fight For America and Upon Return Must Fight For Their Children…”

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