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94 Search Results for "Family Court"

August 20, 2012

Domestic Violence and Family Court

...court abuse and neglect is that almost everyone abuses. The assumption in family court is usually parents are fit. The assumption in DV court, presided over by the family court is if you have certain things such as bruises, a trip to the emergency room, or witnesses, there was abuse. If not, there probably wasn’t. The long suffering abuse victim, the one who was afraid or to humiliated to come forward is at a great disadvantage. The court just ca...

December 1, 2017

Family Court Mediation Streamlined – Some Ideas

...  III Revised Rules of Family Court Mediation These rules supersede former Family Court Rules 38 through 46. Whereas, family courts are becoming clogged, and our juvenile abuse and neglect system is becoming overburdened. Whereas family court litigants are suffering problems with access to justice and speedy trial. Whereas, the former mediation rules were restrictive, unduly pessimistic, and costly to administrate. Whereas, “the adversary system”...

September 25, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...n that I can help answer, regarding a statute, WV Code Sec. 51-2A-2a, The “Family Court Jurisdiction To Restrict Contact Between Parties.” Act. The issue was presented by a family court judge who knew of the statute but felt she cannot use in in a domestic violence case unless there is also before her a related family law case, divorce, allocation, modification, or contempt. Here I make the case that she can enter the order even where the litigant...

April 5, 2011

Dear Honorable (Family Court) Judges

...mediate and solve such issues. They are “children’s issues”. n. I realize family courts are statutory, and I notice family court judges can have an inferiority complex or visible resentment about that fact, but I cannot agree with a judge who would not require counsel to take all issues to mediation and dare the attorney to take that issue up on appeal. What competent lawyer would appeal such a sound ruling? o. I note that one or more of you actu...

March 24, 2010

The Nuts and Bolts of Family Court

...al or sexual abuse, or anger management issues. 12. In West Virginia, most family courts require a “Caretaking Functions Worksheet“. Where both parents are fit, the court is bound to consider strongly the manner in which the parents shared “caretaking functions” prior to the separation. At the temporary hearing, the court is supposed to look back one year, and at the final hearing the court is supposed to look back for two years. It is not unusual...

September 28, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #2

...ily law tool, it won’t be enough to have only collaborative divorce as The Family Courts’ tool. My point is WE NEED A BETTER TOOL KIT! A fair example is that I do not take any trip, do any mowing, or take on any task, unless I have my Leatherman tool; not just the micro, but the $79 version which contains a dozen tools. Family lawyers in West Virginia need a “Family Law Leatherman Multi-purpose Tool”. Collaborative divorce will be fine for 20% of...

April 2, 2015

WV Senate Bill 430 – The Law That No One Heard Of

...chapter fifty-one of this code. CHAPTER 51. COURTS IN GENERAL. ARTICLE 2A. FAMILY COURTS. 51-2A-2a. Family court jurisdiction to restrict contact between parties. (a) A family court in its discretion may, at any time during the pendency of any action prosecuted under chapter forty-eight of this code, restrict contact between the parties thereto without a finding of domestic violence under article twenty-seven of said chapter. This order shall not...

August 13, 2013

Self Representation – A Family Court Tragedy

...c counselors are. l. Where does she start? She doesn’t even know there ARE Family Court Rule or Rules of Civil Procedure, or Rule of Evidence! 23. Note to my misguided colleague: I now represent several of these sad young women, who were told “by someone”, “the man now gets 50%.” One agreed to 50%/50%, but, in one year, he took the child for just 9 overnight stays and paid no child support! Think the mediator protected her? Think again! The mediat...

June 16, 2015

Family Court Standing Order Project.

...d so, but some with multiple orders. My job now is to cobble together the best provisions of several orders into one or more orders that will include the newly authorized “be nice” language. I intend to send my propose standing order(s) to the Family Court Judges I practice before, and to the President of the WV Family Court Judicial Association. If any of my friends or colleagues have suggested language, ideas, or questions as I embark on this pr...

February 19, 2021

Family Law in WV: A Deep Dive

...rt are aware that you only file them in emergency situations. Appeals from Family Court Appeals of family court decisions are relatively rare for the simple reason that the litigants usually can’t afford them. There must be an error by the Court, either by abusing the Court’s discretion or making a plain or obvious mistake by misapplying the statute or an appellate court ruling. No Unwanted Contact Orders Family Courts have broad power to issue “n...