Kansas Family and Divorce

Supreme Court Won’t Review Grandparent Case

A widowed father lost his bid Monday to have the Supreme Court decide whether grandparents should have court-ordered visits with his son.

The justices refused to get involved in the dispute between Shane Fausey, a federal-prison guard in Pennsylvania, and his dead wife's mother.

Cheryl Hiller won rulings in Pennsylvania courts giving her regular visits with Fausey's son, Kaelen, over the father's objection.

Grandparents do not have to prove that being kept away would be harmful to their grandchildren in order to get court-ordered visitation, the Pennsylvania Supreme Court said.

Fausey said the court ruling violated his constitutional right to make parenting decisions.

The Supreme Court has never answered that constitutional question and state courts are divided on the issue. Twelve states prohibit courts from ordering grandparent visitation unless it can be shown that the child would be harmed by their absence, Fausey's lawyers said in court papers.

The case is Fausey v. Hiller, 06-863.

Source for Post: NY Times

U.S. Supreme Court to hear "partial-birth" abortion case

The Supreme Court on Monday agreed to rule on the constitutionality of the federal ban on so-called "partial-birth" abortions -- the first-ever law passed by Congress to outlaw a method for terminating pregnancy. Three federal appeals courts have ruled that the 2003 law is unconstitutional, mainly because it lacks an exception to the ban when an abortion procedure outlawed is necessary to protect the woman's health. Congress said there was never a need for the banned procedure for health reasons. The case is Gonzales v . Carhart (05-380).

Source for Post: SCOTUSblog

Technorati Tags:
Abortion, US Supreme Court, SCOTUS

Tenth U.S. Circuit Court of Appeals Hears Challenge to Oklahoma Parental Notification Abortion Law

"An Oklahoma law, which went into effect in May, requiring abortion practitioners to notify the parents of a minor teen before being able to perform an abortion was challenged in a lawsuit heard by a three-judge panel of the 10th..."

(Via Family Law Prof Blog.)

Supreme Court and a Grandparent Visitation Case

In January 2006, the Supreme Court will hear another Grandparent Visitation Case. This one should be interesting.

E. H., ET AL. V. C. M., ET AL (2004-SC-542-DG)
"Domestic Relations. Grandparent Visitation. What is the proper standard by which trial courts are to make rulings on grandparent visitation in light of Troxel v. Granville, 530 U.S. 57, 120 S.Ct 2054, 147 L.Ed.2d 49 (2000); Scott v. Scott, Ky.App., 80 S.W.3d 447 (2002); and Vibbert v. Vibbert, Ky.App., 144S.W.3d 292 (2004)?"

Discretionary Review granted 10/13/2004
Jefferson Circuit Court, Judge Jerry J. Bowles
For Movants: Richard Bryan Gowin
For Respondents: Rocco J. Celebrezze and Jeffery L. Parrish

Judge erred in dismissing charges in domestic case.

A judge should not have dismissed a charge in a domestic violence case after the victim recanted her original statement to police, the Kansas Court of Appeals ruled Friday.

While the ruling does not create new law, a victims advocate said it would help in future cases of domestic violence.

“I think it will make it clearer for judges that when a victim recants, that doesn’t mean the defendant is not guilty or that there isn’t sufficient evidence,” said Joyce Grover, a lawyer and a legal advocacy coordinator for the Kansas Coalition Against Sexual and Domestic Violence.

The ruling, from a Wyandotte County case, noted that the same scenario probably would arise in future cases because “victims of domestic violence often recant their initial statements to police.”

“It is of statewide interest to ensure that a crime may be prosecuted even when a victim recants his or her original statement,” Judge Tom Malone wrote, “especially where other evidence supports the charge.”

READ MORE --->

Justices Weigh Parental Notification Law

Justices Weigh Parental Notification Law: "WASHINGTON (AP) -- New Hampshire Attorney General Kelly Ayotte urged the Supreme Court Wednesday to uphold that state's parental notification law, as the justices took up their first abortion rights in five years and under the leadership of new Chief Justice John Roberts...."

(Via AP Top Headlines At 1:54 p.m. EST.)

Schaffer vs. Weast, important special education case for parents

Saundra M. Gumerove posted today at Advokids information about Schaffer vs. Weast. As she states: "Schaffer v. Weast is a very important special education case for parents. The case will determine who bears the burden of proof when there is a dispute over an IEP, the parents or the school district. The case may shift the balance of power in an IEP meetings and due process hearings."

Go to the link above to read more information.

US Supreme Court Rules on Restraining Order Lawsuit

The Supreme Court ruled Monday that police cannot be sued for how they enforce restraining orders, ending a lawsuit by a Colorado woman. She claimed police did not do enough to prevent her estranged husband from killing her three young daughters. Gonzales did not have a constitutional right to police enforcement of the court order against her husband.

Case Law Update for May 6th, 2005

No new family law cases today.  In fact there were no published new cases at all.  Watch for case law update same time, same place next week.

Case Law Update for April 29th, 2005

NO new cases for family law from our Kansas Court of Appeals, nor the Kansas Supreme Court.  Watch for any updates same time same place next week.