Evolving Issues in Family Law
Please Note: This course has already
been held.
Date: Thursday, March 01, & 8, 2001
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 06:00 PM - 08:30 PM
Faculty
Registration Information
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Recent landmark court decisions have been based on the fact that the evolution of social mores has preceded legislative enactments. Previously courts resolved domestic relations cases by applying strictly interpreted statutes, supplemented in some cases by resort to equitable solutions on separate complaints in equity. The result has been a tendency to apply equitable concepts of fairness and public policy to reach conclusions which are not specifically spelled out or only vaguely implied in the statutes. In the first session we will focus on the inherent equity power of the family court to reach the strict language of the statute to resolve divorce, custody, and visitation related issues. Justice Cowin of the Supreme Judicial Court, contributes her perspective to this important dialogue. The second part of the session will examine unresolved issues regarding the use of expert witnesses in domestic relation cases in the light of recent decisions in Lanigan, Canavan, et al.
The second session of this program provides an analysis of recent property division and support cases. You will achieve a better understanding of how the courts are likely to address issues such as unequal division, gift and inheritance, valuation of property, termination of alimony and interstate enforcement of child support.
This program is suitable for attorneys whose practice is focused primarily or substantially on domestic relations cases.
Attend and Learn:
- When it is appropriate to bring an equity complaint in Probate Court
- What types of issues are suitable for injunctive relief
- What family lawyers need to know about Daubert, Kunho, Lanigan, Canavan and its progeny
- What is the significance of the Massa, Freedman, Ruml and Ross cases
- How stock options should be valued in this volatile market
- Whether the obligation to pay child support survives the obligor's death
- When will the court issue an order to create an educational trust
- Unequal Property Assignment
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Elaine M. Epstein
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Todd & Weld, LLP, Boston |
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Lisa A. Roberts
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Associate Justice, Probate & Family Court, Circuit |
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Roberta F. Benjamin
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Benjamin & Benson, Cambridge |
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Honorable Angela M. Ordoñez, Chair
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Probate and Family Court, Norfolk County |
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Armand Fernandes, Jr.
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Probate & Family Court, Bristol Division |
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Stephen C. Steinberg
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Probate & Family Court, Plymouth Division |
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John P. White
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White, Inker & Aronson, PC, Boston |
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Professor Charles P. Kindregan, Jr., Chair
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Suffolk University Law School, Boston, MA |
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Monroe L. Inker
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White, Inker, Aronson, P.C., Boston, MA |
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Edward M. Ginsburg, (Ret.)
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Senior Partners for Justice, Volunteer Lawyers Project, Boston |
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Honorable Anthony R. Nesi
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Probate and Family Court, Bristol Division |
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Honorable Edward F. Donnelly, Jr., Associate Justice
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Middlesex Probate & Family Court |
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Judith A. Cowin
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Associate Justice, Massachusetts Supreme Judicial Court |
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Honorable Spencer M. Kagan
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Massachusetts Probate & Family Court |
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~ Session 1 ~
Thursday, March 1, 2001
Part One - Inherent Authority of the Probate Court to Act in Absence of Statutory Authority:The growing use of equity principles to resolve family law issues in the absence of specific statutory remedies; the meaning of "equity jurisprudence" in divorce actions; difference between equity complaints and inherent equity powers of the court; injunctive relief in defacto parent cases; injunctive relief in divorce cases to prevent use of preembryos; enforcement of separation agreements in equity; equity powers to enforce foreign divorce support judgments; adjudication in equity of paternity rights not covered by GL c. 209C; injunctions to prevent removal of child from state; enforcement of specific order by contempt; other applications of equitable principles.
Part Two - Qualifying Experts in Probate Court: The use of expert witnesses in divorce actions and the Daubert and Canavan requirements.
Hon. Judith A. Cowin; Hon. Edward M. Ginsburg; Hon. Armand Fernandes, Jr.; Hon. Anthony R. Nesi; Hon. Lisa A. Roberts and Attorney Philip P. White
~ Session 2 ~
Thursday, March 8, 2001
Problems and Solutions in Property Division and Support: Evolving issues and court decisions on inheritances and gifted property; the importance of contributions and conduct; valuation and division of stock options; unequal division of assets; child support after the obligor's death; averaging valuation of expert's opinions; proving tax consequences; trends on alimony; assignments of trust assets.
Hon. Edward F. Donnelly, Jr.; Hon. Spencer M. Kagan; Hon. Angela M. Ordonez; Hon. Stephen C. Steinberg; Attorney Roberta F. Benjamin; Attorney Elaine M. Epstein
| Date: |
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Thursday, March 01, & 8, 2001 |
| Tuition: |
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$199; $181 for attorneys admitted since 1998. Tuition includes course book, and refreshments.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your course materials or call to confirm availability.
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| Refunds: |
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Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & NY.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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