The newsletter of ISBA’s Section on Family Law
Browse articles by year: 2013 (31)
Newsletter articles from 2007
As a family law practitioner for many years, I was aware of the Family Law Section Council of the ISBA (“Section Council”), but not fully aware of its functions and activities.
The Illinois and Federal Eavesdropping and Wiretap statutes were originally passed to protect the privacy of persons in their own conversation and over the telephone.
Recently, there appeared on the internet a Petition to Abolish Section 506, Representation of Children.
Child custody statutes ready for a complete overhaul
On this, the thirtieth anniversary of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) 750 ILCS 5/1above01 et seq., it is clear that, at minimum, the section concerning child custody and visitation Id. at 5/601 – 5/608 needs a complete overhaul.
There have been several cases dealing with cohabitation as a means of terminating maintenance payments. These newer cases have significantly changed the law in this area so it is time to revisit the issue.
Contempt of Court: Is bad faith enough?
In many marital settlement agreements, the parties are required to engage in various complex acts in order to achieve the goals embodied in the agreement.
Courtroom security: Whose problem is it?
For those of us practicing in the challenging arena of domestic relations, we often are witness to the turbulent and volatile situations that occur in courtrooms which require prompt and effective security intervention.
The defacto parent: Legal guardianship without court order or common law parents
The appellate court for the 4th district of Illinois has recently ruled that a person who voluntarily adopts the role of a parent stands in loco parentis and therefore is responsible for that child’s medical bills and has a right of action to collect those bills from a tortfeasor, pursuant to the Family Expense Act, even though that person is not the legal guardian.
Depositions from a court reporter’s perspective
I have been a freelance court reporter for nine years, and in that time, many attorneys have asked some advice from me as to how to make a great record during a deposition and how to deal with court reporters generally.
Grandparent visitation—A practitioner’s approach
Grandparent visitation is an issue of growing concern in Illinois and across the U.S.Because the Illinois Supreme Court held a prior version of the statute unconstitutional, the Legislature amended the Grandparent Visitation Statute again, and the current version became law on January 1, 2007.
Hello, young lawyers
Experienced practitioners will agree that one of the most overlooked elements of the practice of law, and certainly one topic none of us heard much, if anything, about in law school is the art of client selection and management.
MCLE credit and newsletter authors
According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
Message from the Chair
It doesn’t take long for an attorney practicing in the area of family law to be confronted with difficult situations concerning a client’s visitation with his or her children.
Message from the Chair
As I approach my 30th year of practice and watch younger attorneys begin their practice of law in the area of family law, I realize more and more that those of us who have been in the trenches for sometime owe a duty to the younger members or less experienced members to attempt to assist them in developing into good family law practitioners.
No legal relationship between paternity and registry
The Illinois Supreme Court recently held that the Putative Father Registry provisions of the Adoption Act and the Parentage Act are to be construed separately, and therefore, a father seeking to establish a parent-child relationship under the Parentage Act was not required to first register as a putative father within 30 days of the child’s birth pursuant to the Putative Father Registry provisions of the Adoption Act. J.S.A. et al., v. M.H. et al., 2007 WL 289829 (2007).
Retainers in dissolution of marriage actions
The recent Illinois Supreme Court ruling in Dowling v. Chicago Options Associates, Inc., et al., clarifies that attorneys have a third option when considering the type of written retainer agreement to enter into with a client.