Divorce: New York

Divorce: New York

Tag Archives: Clear and Convincing

Court Clarifies Civil Contempt and the Fifth Amendment Privilege

Posted in Enforcement of Support and Orders, Equitable Distribution
The Second Department used its December 18th decision in El-Dehdan v. El-Dehdan to clarify the parties’ relative burdens of proof on an application for contempt where the Fifth Amendment privilege against self-incrimination has been invoked. The court also harmonized inconsistencies in case law as to the elements of civil contempt. The court held that there was no element … Continue Reading

Custody Issues Considered in Five Second Department Cases Decided May 1st

Posted in Custody and Visitation
In five cases decided May 1, 2013, the Second Department continued to voice its concern when parents just don’t get along. Again, the court considered joint custody, hampering the child’s relationship with the other parent, private interviews of children by the judge, contempt for violations of visitation orders, and whether a non-parent may be granted … Continue Reading