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Alleviate Divorce Pain By Avoiding These 7 Common Mistakes

Alleviate Divorce Pain By Avoiding These 7 Common Mistakes | Court Watching | Scoop.it
Divorce is a life transition that impacts many people. It can leave scars on families that get passed from generation to generation. Often times, divorce is filled with despair, anger, blame, shame and in many cases, the desire to inflict pain on the other party.
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Parental Alienation and the Bystander Effect

Parental Alienation and the Bystander Effect | Court Watching | Scoop.it
"Silence in the face of evil is itself evil: Not to speak is to speak. Not to act is to act."
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Shared Parenting Laws: A Solution To End ‘Parental Alienation’?

Shared Parenting Laws: A Solution To End ‘Parental Alienation’? | Court Watching | Scoop.it
National Parents Organization is urging lawmakers to pass new laws promoting shared parenting, noting it can decrease the tragic cases of parental alienation after a divorce or separation.
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Judge asks people to stop wearing pyjamas in court

Judge asks people to stop wearing pyjamas in court | Court Watching | Scoop.it

The Pennsylvania judge said it was a 'growing problem' and has asked people to
dress appropriately for court

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Judge Gorcyca Stays on Tsimhoni Case, Denies Allegations of Bias | Hope Loudon

Judge Gorcyca Stays on Tsimhoni Case, Denies Allegations of Bias | Hope Loudon | Court Watching | Scoop.it
The Tsimhoni Case soared into international headlines after Judge Gorcyca in Oakland County, Michigan ordered the three Tsimhoni children, Liam 14, Roee 10, and Natalie 9, to juvenile detention for defying her order demanding that they speak with their father who they claim is abusive.
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Judge gives attorneys time to appeal in custody case

Judge gives attorneys time to appeal in custody case | Court Watching | Scoop.it
Attorneys for Maya Eibschitz-Tsimhoni had asked Judge Lisa Gorcyca to disqualify herself from the case
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Report dispels myth that UK family courts are biased to mothers

Report dispels myth that UK family courts are biased to mothers | Court Watching | Scoop.it
Family law solicitor Barry Bunyan discusses the theory that English and Welsh family courts are biased to mothers and its impact upon Child Arrangement Orders.
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Really? 

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Denver woman wants apology after judge acquits her of lying to police

Denver woman wants apology after judge acquits her of lying to police | Court Watching | Scoop.it
DENVER — Lisa Lebrun always said her arrest for “False Information” was retaliation for complaining to Denver’s Internal Affairs Bureau about being pepper-sprayed.
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The Other Party Is Not Following the Court’s Orders in CA

The Other Party Is Not Following the Court’s Orders in CA | Court Watching | Scoop.it
What Can I Do If the Other Party Is Not Following the Court’s Orders in Orange County, California?
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What is happening in family courts... - A Miracle For Two Sisters | Facebook

What is happening in family courts... - A Miracle For Two Sisters | Facebook | Court Watching | Scoop.it
What is happening in family courts across our nation is destroying the American family. Whether your children are deported such as Kelly's or you lose...
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Bill would give parents going through divorce equal time with their kids - FOX31 Denver

Bill would give parents going through divorce equal time with their kids - FOX31 Denver | Court Watching | Scoop.it
DENVER -- Parents going through a divorce could soon see equal time with their kids. If passed, the 50/50 parenting bill (Colorado Senate Bill 15-129), would recognize parental rights as fundamenta...
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Legislation in Denver!!!

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Seek and Destroy: FAQs on Divorce, Revenge Porn and Social Media Slamming

Since social media has gained popularity, keeping a low profile during any change in relationship status, especially a divorce is more complicated. A person's Facebook relationship status can turn into celebrity-like gossip just by a simple change of marital status or removal of "couples" photos. And deletions of an entire profile or account? Some people view those actions as sure red flags that perhaps the honeymoon is over.

Nosey friends who are snooping to get the latest gossip aren't the only concern divorcees have to worry about in these modern times. Social media slamming and even the distribution of intimate photos and videos have been evil tools ex-spouses have used to seek revenge. But revenge seekers beware...

In the state of California where I practice, Family Law Courts are not treading lightly on evidence such as text messages, screen shots of Facebook pages, and especially the distribution of intimate photos of videos of the couple. In January, the "Revenge Porn" law, which falls under the California penal code 647 (J), was amended in California to include that prosecutors no longer have to prove intent when pursuing against the unlawful distribution of intimate images. This is great news for the spouse worried about the archives stored in a once-shared computer hard drive, but the questions most divorcees want to know are:

I want to own all the images and videos. Aren't they technically mine, since I'm in them?

Here's the truth: At least in the state of California, there is no specific code or case law that presently speaks on the property rights of photographs or videos. In fact, currently, photos and videos, regardless of how risqué the content, are handled no differently then when parties are dividing up photos and videos of their children. Typically, the person who has possession of the photos and videos ends up as the rightful owner after the divorce. In some cases the person who has possession of the archives will be asked for duplications, which can be at the financial responsibility of the other party. The California family code has no provision mandating that a court order of intimate photos be turned over to other party. If it gives you piece of mind to have copies of the images, then it is doable, but to seek sole ownership would be at the discretion of the court to award it.

What if I seek and destroy the 'evidence' prior to filing for divorce?

Don't do it! Photos and videos are treated as "property" in a divorce case, so intentional removal, destruction or manipulation of any and all property is a violation. As embarrassing as the topic may be, your best protection is to talk with your lawyer about the photos and videos, and elaborate on any concerns or intent involving your ex-spouse. The more information your lawyer knows, the better he/ she can be equipped to create a plan to make sure your emotional distress doesn't escalate during the divorce process.

Speaking of "property," does this mean that I have partial ownership over my spouse's social media accounts? What rights do I have if I want my soon-to-be ex to remove photos of our children and myself?

Currently there is no code or case law that mandates ownership or property of social media accounts, and the family courts have limited discretion when parties disagree about the type of content one party is posting on social media. Generally speaking, it's best for both parties to keep their profiles "private" and adhere to the many guidelines and tips on how to keep your children safe on social media. The Family Court would only be concerned if the photos posted to an account were detrimental to the health and safety of the child otherwise, freedom of speech rules.

Finally, I heard my ex is slamming me on his Facebook account, calling me names and airing our dirty laundry as his status posts. I don't have access because his account is "private" and we are no longer "friends," but mutual friends have sent me screen shots of his posts. Can he do that?

Typically a family court will not issue an order for removal of the social slamming; however, the family court will take into consideration any and all copies of text messages, Facebook screenshots, tweets and the like when evaluating child custody requests. So while the court can't tell you what not to post, I strongly advise to play nicely because any information leaked can be used against you.

Even if children are not in the picture, the fact is any type of intent of emotional distress or harassment will be considered during a divorce process. Berating or speaking negatively about your soon-to-be ex--whether it is in person, online or via phone or text message--is still considered evidence. And how you react is also duly noted. My advice for all clients when a new emotional stone is turned is to walk away, call your lawyer, then react together. This allows for the best, legally sound outcome in your favor.

Don Schweitzer is founder and partner of The Law Offices of Donald P. Schweitzer, based in Pasadena, Calif. As a Certified Family Law Specialist and former District Attorney, he has extensive background in domestic violence, divorce and child custody issues. Prior to becoming an attorney, Mr. Schweitzer was a Police Officer for approximately 10 years. As a faculty instructor at the National Business Institute, Schweitzer teaches continuing legal education classes on the topic of ethics and advanced courses on family law. He is an active member of the Pasadena Bar Association, the Los Angeles County Bar Association, American Bar Association, and the California State Bar; and a recent contributor to Los Angeles Lawyer.


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Could be important.

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Vanguard Keynote Speaker Explains Family Courts Crisis

Vanguard Keynote Speaker Explains Family Courts Crisis | Court Watching | Scoop.it
Vanguard Family Court Event Moved to May 9 According to keynote speaker Kathleen Russell, “the most basic problem in California family courts is that there is a complete lack of oversight or accoun...
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B.C. Sisters' Deaths Spark Debate On How Judges Handle Domestic Violence

B.C. Sisters' Deaths Spark Debate On How Judges Handle Domestic Violence | Court Watching | Scoop.it
The girls had been the subject of a custody dispute before they died.
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UC Davis spent thousands to scrub pepper-spray references from Internet

UC Davis spent thousands to scrub pepper-spray references from Internet | Court Watching | Scoop.it
UC Davis contracted with consultants for at least $175,000 to scrub the Internet of negative online postings following the November 2011 pepper-spraying of students and to improve the reputations of both the university and Chancellor Linda P.B.
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BUSTED: Hillary Clinton Caught Hoarding 99 Percent of Funds Raised for State Parties

BUSTED: Hillary Clinton Caught Hoarding 99 Percent of Funds Raised for State Parties | Court Watching | Scoop.it
Bernie Sanders' accusations that Hillary Clinton is using her joint fundraising committee to skirt federal campaign finance laws are now proven.
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Tsimhoni mom continues fight to oust judge from case

Tsimhoni mom continues fight to oust judge from case | Court Watching | Scoop.it
Mother of kids sent to detention for not having lunch with their father renews demand that judge be disqualified.
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Judge won’t quit custody case; hearing resumes Tuesday

Judge won’t quit custody case; hearing resumes Tuesday | Court Watching | Scoop.it
Judge Lisa Gorcyca has drawn international attention after placing three children in juvenile custody earlier this year
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Report dispels myth that UK family courts are biased to mothers

Report dispels myth that UK family courts are biased to mothers | Court Watching | Scoop.it
Family law solicitor Barry Bunyan discusses the theory that English and Welsh family courts are biased to mothers and its impact upon Child Arrangement Orders.
Renee Beeker's insight:

Really?

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Tsimhoni custody case judge ignores psychiatrist testimony | Communities Digital News

Tsimhoni custody case judge ignores psychiatrist testimony | Communities Digital News | Court Watching | Scoop.it
Judge Gorcyca calls the Tsimhoni case one of the worst parental alienation cases she's ever seen, despite a psychiatrist's testimony that there was none.
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This is important case to watch.  

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Crisis in the Family Courts; blame mother

Crisis in the Family Courts; blame mother | Court Watching | Scoop.it
"When courts blame victims and fail to hold abusers accountable, they reinforce abuser behavior, subvert justice, dis-empower the victims, teach children that abusive behavior is permissible and ma...
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Thank you Joan!

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Father charged with murder in Minn. boy's death - USA TODAY

Father charged with murder in Minn. boy's death - USA TODAY | Court Watching | Scoop.it
MINNEAPOLIS — The father of a 10-year-old boy whose body was found in the Mississippi River on Saturday was officially charged with murder Tuesday.
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Lawmaker proposes legislation to protect parental rights in medical decision-making

Lawmaker proposes legislation to protect parental rights in medical decision-making | Court Watching | Scoop.it
JEFFERSON CITY, Mo. -- A Missouri lawmaker is pushing to reinforce parental rights when it comes to the health of their children, and it comes in the wake of a recent Missouri case. The Missouri Le...

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FYI

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Seek and Destroy: FAQs on Divorce, Revenge Porn and Social Media Slamming

Since social media has gained popularity, keeping a low profile during any change in relationship status, especially a divorce is more complicated. A person's Facebook relationship status can turn into celebrity-like gossip just by a simple change of marital status or removal of "couples" photos. And deletions of an entire profile or account? Some people view those actions as sure red flags that perhaps the honeymoon is over.

Nosey friends who are snooping to get the latest gossip aren't the only concern divorcees have to worry about in these modern times. Social media slamming and even the distribution of intimate photos and videos have been evil tools ex-spouses have used to seek revenge. But revenge seekers beware...

In the state of California where I practice, Family Law Courts are not treading lightly on evidence such as text messages, screen shots of Facebook pages, and especially the distribution of intimate photos of videos of the couple. In January, the "Revenge Porn" law, which falls under the California penal code 647 (J), was amended in California to include that prosecutors no longer have to prove intent when pursuing against the unlawful distribution of intimate images. This is great news for the spouse worried about the archives stored in a once-shared computer hard drive, but the questions most divorcees want to know are:

I want to own all the images and videos. Aren't they technically mine, since I'm in them?

Here's the truth: At least in the state of California, there is no specific code or case law that presently speaks on the property rights of photographs or videos. In fact, currently, photos and videos, regardless of how risqué the content, are handled no differently then when parties are dividing up photos and videos of their children. Typically, the person who has possession of the photos and videos ends up as the rightful owner after the divorce. In some cases the person who has possession of the archives will be asked for duplications, which can be at the financial responsibility of the other party. The California family code has no provision mandating that a court order of intimate photos be turned over to other party. If it gives you piece of mind to have copies of the images, then it is doable, but to seek sole ownership would be at the discretion of the court to award it.

What if I seek and destroy the 'evidence' prior to filing for divorce?

Don't do it! Photos and videos are treated as "property" in a divorce case, so intentional removal, destruction or manipulation of any and all property is a violation. As embarrassing as the topic may be, your best protection is to talk with your lawyer about the photos and videos, and elaborate on any concerns or intent involving your ex-spouse. The more information your lawyer knows, the better he/ she can be equipped to create a plan to make sure your emotional distress doesn't escalate during the divorce process.

Speaking of "property," does this mean that I have partial ownership over my spouse's social media accounts? What rights do I have if I want my soon-to-be ex to remove photos of our children and myself?

Currently there is no code or case law that mandates ownership or property of social media accounts, and the family courts have limited discretion when parties disagree about the type of content one party is posting on social media. Generally speaking, it's best for both parties to keep their profiles "private" and adhere to the many guidelines and tips on how to keep your children safe on social media. The Family Court would only be concerned if the photos posted to an account were detrimental to the health and safety of the child otherwise, freedom of speech rules.

Finally, I heard my ex is slamming me on his Facebook account, calling me names and airing our dirty laundry as his status posts. I don't have access because his account is "private" and we are no longer "friends," but mutual friends have sent me screen shots of his posts. Can he do that?

Typically a family court will not issue an order for removal of the social slamming; however, the family court will take into consideration any and all copies of text messages, Facebook screenshots, tweets and the like when evaluating child custody requests. So while the court can't tell you what not to post, I strongly advise to play nicely because any information leaked can be used against you.

Even if children are not in the picture, the fact is any type of intent of emotional distress or harassment will be considered during a divorce process. Berating or speaking negatively about your soon-to-be ex--whether it is in person, online or via phone or text message--is still considered evidence. And how you react is also duly noted. My advice for all clients when a new emotional stone is turned is to walk away, call your lawyer, then react together. This allows for the best, legally sound outcome in your favor.

Don Schweitzer is founder and partner of The Law Offices of Donald P. Schweitzer, based in Pasadena, Calif. As a Certified Family Law Specialist and former District Attorney, he has extensive background in domestic violence, divorce and child custody issues. Prior to becoming an attorney, Mr. Schweitzer was a Police Officer for approximately 10 years. As a faculty instructor at the National Business Institute, Schweitzer teaches continuing legal education classes on the topic of ethics and advanced courses on family law. He is an active member of the Pasadena Bar Association, the Los Angeles County Bar Association, American Bar Association, and the California State Bar; and a recent contributor to Los Angeles Lawyer.


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Renee Beeker's curator insight, April 15, 2015 8:07 AM

Could be important.

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'Gossip Girl' Star Loses Legal Fight for Kids

'Gossip Girl' Star Loses Legal Fight for Kids | Court Watching | Scoop.it
“Gossip Girl” star Kelly Rutherford says it’s “not right” that a U.S. federal court denied her request to bring her two children back to the U.S. from France, where they are living with their father.
"I know it’s not right,” Rutherford told ABC News.
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