Japan Announces its “Intention” to Join the Hague Convention

By Anne Shale   |   July 23rd, 2011

After years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody.  At the present time, Japan is the only major industrialized country that has not signed the treaty.  And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty.  The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.

The Hague Convention, also known as the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, was signed on October 25, 1980.  Its effective date was December 1, 1983.  As of April 2011, eighty four (84) states/countries are parties or signatories to the Convention.  The primary objective of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention of a child or children.  … View Full Article → “Japan Announces its “Intention” to Join the Hague Convention”

Marital Torts in Ohio … A Primer

By Robert "Chip" Mues   |   July 16th, 2011

I posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  … View Full Article → “Marital Torts in Ohio … A Primer”

Think Before You FACEBOOK…Especially if You’re in a Divorce!

By John C. Meehling   |   July 9th, 2011

By now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not receiving proper medical treatment, that Mom is allowing numerous men to have access to the child, and that Mom is not adequately supervising child, Mom posts profanity laced messages and pictures of herself partying on different vacations with numerous men in very “R-rated” poses and degrees of clothing;
  • Dad denies Mom’s claims that his drinking is excessive or that he has ever jeopardized the children’s safety, yet Dad posts photos on Facebook showing him usually holding a bottle of beer at family functions or out with his drinking buddies appearing highly intoxicated; and
  • After a hearing early in a custody proceeding, Mom posts an update on her case on Facebook and uses profanity to describe the Judge who made a ruling against her.
… View Full Article → “Think Before You FACEBOOK…Especially if You’re in a Divorce!”

ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof

By Joseph E. Balmer   |   July 2nd, 2011

Due to the sputtering economy, the baby boomer generation approaching retirement age, and the ever increasing life expectancy, multi-generational households are becoming more common than they have been in decades.  Due to the need to combine family incomes or in order to take care of an elderly or ill relative, grandparents, parents and children are sharing living space in increasing numbers.  According to the Pew Research Center in Washington, D.C., in 2008, 49 million Americans or 16 percent of the population lived in households with at least two adult generations, an increase of 17 percent from 2000.  This trend comes with numerous legal implications and issues, some of which are discussed below.

When a parent and adult child choose to live together, numerous elder law and estate planning issues arise. First, Medicaid issues need to be considered.  What if a parent contributes money for the child to add an addition to the child’s home for the parent to live in?  … View Full Article → “ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof”

Establishing Paternity in Ohio – An Overview

By John C. Meehling   |   June 18th, 2011

The concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child.  The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible.  A paternity action will help determine who should be paying for that support and how much they should be paying.  In Ohio, a paternity action will only apply to a mother and father who were never married  because any child born during a marriage is presumed to be the husband’s legal child.  Paternity actions between unmarried people are typically heard in a county’s juvenile court.

Who can file for paternity?

In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child).  … View Full Article → “Establishing Paternity in Ohio – An Overview”

Tips on How to Prevent and Handle a Lost Child Situation

By Robert "Chip" Mues   |   June 11th, 2011

My wife and I have raised two (2) sons and we personally experienced the terror of a child becoming lost in a public place.  Fortunately, ours ended like most of these situations with our son being located and returned safely.  So, that being said, I want to thank Keith Kepler, the Vice President and General Manager at AlliedBarton Security Services, for sending the Ohio Family Law Blog these important tips about protecting our children from becoming lost or missing. I think that his advice is spot-on.  Please take a moment and read his practical suggestions:

A lost child is a parent’s worst nightmare.  As families plan to spend more time outdoors, on vacation and in busy public places this summer, it is important to be prepared. A survey of parents by the Center to Prevent Lost Children showed that 90 percent of families will experience losing a child in a public place at least once, and 20 percent said it has happened more than once.  … View Full Article → “Tips on How to Prevent and Handle a Lost Child Situation”

Why Selecting One Court Over Another Could Be Important In Your Dissolution

By Anne Shale   |   June 4th, 2011

In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties.  By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.  By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage.  By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language:

“One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition.… View Full Article → “Why Selecting One Court Over Another Could Be Important In Your Dissolution”

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