Where a Child has Been Abducted Internationally to the U.S.

 

 

Where a child has been abducted internationally to the U.S. it is important that you find a lawyer  in the U.S. to assist you as soon as possible.

A fundamental purpose of the 1980 Hague Convention on the Civil Aspects of International Child Abduction is to protect children from abduction to foreign states. There are presently approximately 73 countries or territories who are treaty partners with the U.S.  The Hague Convention is civil rather than criminal in nature.

U.S. laws like the Uniform Child Custody and Jurisdiction and Enforcement Act and the Uniform Child Abduction Prevention Act may offer alternative remedies or apply even where the Convention does not.  For instance the Uniform Child Custody and Jurisdiction and Enforcement Act may apply to a child over the age of 16.  Similarly there are circumstances where the Convention may apply but the Uniform Child Custody and Jurisdiction and Enforcement Act or other U.S. laws do not.

The determination of which legal mechanisms apply and should be used for the return of an abducted child is case specific and should be made as soon as possible with the assistance of an attorney based upon the facts of the case.

Family Court Requirement to Complete a Parenting Class (Parenting Education and Family Stabilization Course)

Pursuant to Florida Statute Section 61.21 and Miami-Dade County Administrative Order 14-05 all parties to a dissolution of marriage proceeding with minor children or a paternity action that involves issues of parental responsibility shall be required to complete the parenting course prior to the entry of a final judgment by the Court. Additionally, all parties to a modification of a final judgment action  involving a parenting plan or a time-sharing schedule may be required to complete a Parenting Course prior to the entry of an order modifying the final judgment.

All parties are required to begin a Parenting Course as expeditiously as possible.  In dissolution of marriage actions with minor children: (1) Unless excused by the Court, the Petitioner must complete the course within 45 days after the filing of the petition. (2) All other parties must complete the course within 45 days after service of the petition.  

The Parenting Class is offered on-line: 

http://www.floridaparentingclass.com/

http://www.flaparent.com/

http://www.parentingchoice.com/

You can also complete the class on-line or in person at the various Miami-Dade College campuses.

 

 

Miami-Dade County Status Quo Temporary Domestic Relations Order

Miami-Dade County has a Status Quo Temporary Domestic Relations Order (Administrative Order No. 14-13)  in place that applies to all original dissolution of marriage or paternity cases.  The Order automatically applies on the filing of a new case with  the Court and remains in effect during the case until modified by the Court or a final judgment is entered.  It is meant to educate the parties as to some of the problems, duties and responsibilities that arise in such actions.  

The Order has provisions forbidding relocation, calls for the voluntary payment of child support, sets forth shared parenting guidelines, requires a parenting course, requires mediation, governs the conduct of the parties, controls the disposition of assets, forbids concealment or destruction of personal or business records, calls for insurance policies to be maintained, and puts restrictions on taking additional debt that binds the other party.  The Order is subject to Judicial Enforcement and a party may be sanctioned for non-compliance with it.  The Order should be reviewed by the parties at the inception of a dissolution of marriage or paternity case to ensure compliance with it.  Where the other party does not comply it can be used effectively to seek relief from the Court.

Robert Hanreck selected by peers for Florida Trend Legal Elite 2014

Congratulations to Robert Hanreck for selection to the 2014 Florida Trend Legal Elite.  

“Now in its eleventh edition, Florida Legal Elite presents a prestigious roster of attorneys chosen for highest honors by their peers.  The 1,165 lawyers listed exemplify a standard of excellence in their profession and by so doing, have garnered the respect and esteem of their colleagues.”

Kira Willig selected as a 2014 Super Lawyers Rising Star

Congratulations to Kira Willig who has been selected as a Super Lawyers Rising star for the fifth year. “The Super Lawyers selection process is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.”

Statutory Cap on Wrongful Death Non-Economic Damages in Medical Malpractice Statute is Found Unconstitutional by Florida Supreme Court

Michelle McCall received prenatal medical care at a United States Air Force clinic. McCall died after delivering her son as a result of severe blood loss. Petitioners filed an action against the United States. The federal district court found the United States liable under the FTCA. The court concluded that Petitioners’ economic damages amounted to $980,462 and Petitioners’ non-economic damages totaled $2 million. However, the district court limited Petitioners’ recovery of wrongful death non-economic damages to $1 million after applying Fla. Stat. 766.118, Florida’s statutory cap on wrongful death non-economic damages based on medical malpractice claims.

The district court denied Petitioners’ motion challenging the constitutionality of the wrongful death statutory cap. The Eleventh Circuit Court of Appeals affirmed the application of the statutory cap on non-economic damages and held that the statute was not unconstitutional.

The Florida Supreme Court accepted certification to answer questions of Florida law and answered by holding the statutory cap on wrongful death non-economic damages provided in Fla. Stat. 766.118 violates the Equal Protection Clause of the Florida Constitution. Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014)

United States Supreme Court Denies Certiorari Review of Douglas v. Philip Morris

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In Douglas v. Philip Morris et al. the Florida Supreme Court denied the tobacco companies’ claims that the Engle findings that had been applied in the case violated the Defendants’ due process rights.  The tobacco companies appealed Douglas from the Florida Supreme Court to the United States Supreme Court asking for certiorari review.  Certiorari review has just been denied.  

This is a significant victory against the big tobacco companies who had pinned their hopes on the United States Supreme Court granting review and finding the process established by the Florida Supreme Court in Engle and applied in Douglas was unconstitutional.

 

Supreme Court Weighs in on Marriage Issues, By Kira Willig

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On June 26, 2013 United States Supreme Court handed down its decision in United States v. Windsor, the case dealing with the constitutionality of the Defense of Marriage Act.

The federal Defense of Marriage Act defines “marriage,” as a union between a man and a woman for purposes of more than one thousand federal laws and programs that confer benefits, rights, privileges and obligations on married individuals or couples.

The Supreme Court ruled in a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsberg, Kagan, Sotomayer, and Breyer that the law is unconstitutional.

The Court explained that each state is tasked to enact laws that regulate and define marriage for its citizens and that some states allow same-sex couples to marry to give them the protection and dignity associated with marriage. The Court ruled that by denying recognition to same-sex couples who are legally married, federal law discriminates against them by expressing disapproval of state-sanctioned same-sex marriage. The Supreme Court’s decision requires same-sex couples who are legally married to be treated the same under federal laws as married opposite-sex couples.

The Florida Supreme Court has Reversed the Third District Court of Appeals Decision Against Amending a Complaint on the Death of a Smoker

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The Florida Supreme Court has reversed the 3rd District Court of Appeals decision in Capone v. Philip Morris that held that a personal injury lawsuit could not be changed to a wrongful death lawsuit by the surviving spouse on the death of the smoker. This is important so that the death of the smoker does not mean that the old lawsuit is over and a new lawsuit has to be filed thereby putting the victim’s family back at square one.

Florida Adopts Daubert Standard for Expert Testimony

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The Florida legislature has adopted the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) evidentiary standard for expert testimony to replace the Frye “generally accepted” test and the pure opinion exception that has previously governed the admissibility of expert testimony in Florida.

Under the Daubert test there are five criteria for evaluating the reliability of expert testimony: (1) whether the methods on which the testimony is based have been tested; (2) the known or potential rate of error associated with the testing; (3) whether the method has been subject to peer review; (4) whether the method is generally accepted in the relevant scientific community; and (5) whether standards exist for the use of the method and whether the expert has followed those standards.

The Daubert standard has been applied by the federal courts since 1993 and has been adopted in several other states so there is a large amount of case law out there interpreting it. We will have to see how Florida’s Courts apply the standard going forwards to see the practical consequences of the change.

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