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Articles 61 - 90 of 180
Full-Text Articles in Family Law
One Step Forward, Two Steps Back: Vasquez V. Hawthorne Wrongfully Denied Washington's Meretricious Relationship Doctrine To Same-Sex Couples, Amanda J. Beane
One Step Forward, Two Steps Back: Vasquez V. Hawthorne Wrongfully Denied Washington's Meretricious Relationship Doctrine To Same-Sex Couples, Amanda J. Beane
Washington Law Review
Washington's property-division scheme for unmarried couples is among the most progressive in the nation. The scheme has evolved from a time when courts treated unmarried couples unfavorably and generally refused to divide their property equitably. The Washington Supreme Court took a step forward from this approach when it created the meretricious relationship doctrine. Under this doctrine, courts may equitably divide unmarried couples' property at the termination of their relationship if the relationship was stable, marital-like, and the parties cohabited knowing they were not lawfully married. Now, however, the Washington Court of Appeals has restricted the application of this doctrine to …
Conceiving Nonmarital Fathers' Rights: An Inquiry Into The Constitutionality Of West Virginia's Adoption Statute, Lisa Kelly
Articles
When do the rights of nonmarital fathers to their children quicken? Is it only upon the father's establishment of a substantial economic and emotional relationship with his child? Do such fathers' interests gel only after the ink has dried on an order or affidavit in which paternity is established or acknowledged? Do there fundamental rights lie inchoate in the beating hearts of the newborn or gestating child? How should the law regard the role of the nonmarital father in the adoption context? Should there be one standard for all or two-one for fathers of infants and another for fathers or …
What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr
What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr
Washington Law Review
In the 1995 case Connell v. Francisco, the Supreme Court of Washington adopted an innovative and groundbreaking rule to resolve the property rights of cohabitants upon separation. After Connell, upon termination of a "meretricious relationship," a trial court must perform a just and equitable distribution of the property acquired during the relationship that would have been community property had the parties been married. In adopting this rule, the supreme court sought to resolve property rights arising out of cohabitation in a predictable and equitable manner while maintaining the distinction between marriage and cohabitation. Unfortunately, the meretricious relationship fiction the …
The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen
The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen
Washington International Law Journal
China is currently the leading source of babies for intercountry adoption in the United States. This Comment explores the causes of this phenomenon, and the ability of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption to serve the interests of both the abandoned and orphaned children, and the adoptive parents under these specific circumstances.
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
Articles
More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …
Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard
Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard
Washington Law Review
The federal Adoption and Safe Families Act of 1997 recognized that in certain egregious circumstances, states need not seek to reunify a family before terminating the rights of abusive and neglectful parents. Washington State responded by revising its termination of parental rights statute to treat parents' violent criminal convictions as sole grounds for terminating parental rights. This Comment argues that the Washington statute should be further amended to recognize that a termination of rights to a previous child may serve as grounds for terminating rights to a present child if the State finds the parent's continuing behavior puts the child …
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
Washington International Law Journal
China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …
Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly
Articles
While largely a matter of social convention, the surnames that children bear have been regulated by the law as well. In certain circumstances, the law has attempted to regulate the surnames given to children at birth, but more often the law has come into play when a change of name is sought for the child: It is at this point that the law dictates to family members what it values and what it will forbid as the law goes about the business of enforcing societal norms. This article will look at the role of naming and name changing and the …
What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson
What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson
Articles
A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
Washington Law Review
Since its inception in the seventeenth century, the common-law action for breach of promise to marry has been the subject of recurrent legal debates. Beginning in the 1930s, some states began passing statutes that abolished the action altogether. Even so, today about half of American jurisdictions retain the breach-of-promise action in some form. This Article advocates a compromise that is not currently the law in any American jurisdiction: parties who breach promises to marry should be liable for damages, but only to the extent they have induced reliance by those to whom they were formerly engaged. Under this proposed model, …
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
Washington Law Review
Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Washington International Law Journal
The historic revision of the South Korean Family Law in 1989 abolished many entrenched legal practices based on Confucian ethics that discriminate against women. Among its many provisions, the law provides for an equitable division of marital property upon divorce and ends the tradition of the father's automatic right to child custody, unless waived. However, in a legal system where judges wield unquestioned authority and wide discretion, judicial decisions based on traditional assumptions about women and family continue to frustrate the democratic intent of the revised law. Given the vague laws that give the judiciary broad discretion, real changes are …
Preventing Bidding Wars In Washington Adoptions: The Need For Statutory Reform After In Re Dependency Of G.C.B., Shannon E. Phillips
Preventing Bidding Wars In Washington Adoptions: The Need For Statutory Reform After In Re Dependency Of G.C.B., Shannon E. Phillips
Washington Law Review
In In re Dependency of G.C.B., a Washington court of appeals held that an individual whose parental relationship was involuntarily terminated under the dependency statute lacks standing to later petition to adopt that same child. This Note argues that the Washington adoption statute would not necessarily prevent an equivocating parent who voluntarily relinquished her child from attempting to undo the finality of termination by later seeking to adopt. Nor does the statute effectively limit who can petition to adopt a child to individuals who have been chosen by the child's custodian or who have had the child placed with them. …
In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
Washington Law Review
In In re Marriage of McDole, the Washington Supreme Court upheld the modification of a parenting plan that changed the primary residential parent. By relying in part on the mother's interference with visitation, the court not only undermined the important policy underlying the modification statute of maximizing finality in custody determinations, but it also failed to read the modification statute as a whole. The court also inappropriately relied on the mother's move out of the state and continued conflict between the parents. The court further failed to explicitly explain the legal bases for its decision, providing little guidance for future …
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
Washington Law Review
On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
Washington Law Review
Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.
If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly
If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly
Articles
This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.
Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy
Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy
Washington Law Review
In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children's future claims for personal injuries caused by a third party's negligence. This Note argues that the court departed from Washington precedent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children's existing claims by failing to adequately analyze the differences between the two situations. This Note thus concludes that because parents can already waive their children's causes of action in many situations, they should be allowed to do so …
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
Articles
This article addresses an important area of historical disagreement among the community property states: the characterization of the rents, issues, and profits ("income") from separate property brought into or acquired during marriage. Of the nine community property states, five characterize the income derived from separate property as separate property. The other four states characterize such income as community property. Although there have been scattered discussions of this issue throughout the community property case law and literature over the years, I have searched the literature in vain for a comprehensive treatment of the question. Certainly there has not been one in …
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Articles
I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.
Of Gametes And Guardians: The Impropriety Of Appointing Guardians Ad Litem For Fetuses And Embryos, Susan Goldberg
Of Gametes And Guardians: The Impropriety Of Appointing Guardians Ad Litem For Fetuses And Embryos, Susan Goldberg
Washington Law Review
Recent advances in medical technology have caused some commentators and courts to perceive fetuses and embryos as separate entities, with rights independent of the women who carry them. Conduct of pregnant women that has been perceived to conflict with the interests of the fetuses they carry has been called into question. In some cases, courts have been forced to determine the juridical status of fetuses and embryos; in others, courts have appointed guardians ad litem to represent the "best interests" of these entities. This Article maintains that appointing guardians ad litem for fetuses and embryos is inappropriate. Fetuses and embryos …
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Articles
In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …
Divorce, Taxes, And The 1984 Tax Reform Act: An Inadequate Response To An Old Problem, Roland L. Hjorth
Divorce, Taxes, And The 1984 Tax Reform Act: An Inadequate Response To An Old Problem, Roland L. Hjorth
Washington Law Review
This article analyzes in detail the provisions of the 1984 Tax Reform Act relating to property settlements and cash payments made pursuant to divorce. It concludes that the provisions relating to property settlements are, on balance, beneficial, but that the changes relating to alimony and child support are almost totally devoid of merit. The article recommends that sections 71 and 215 be amended to provide that all cash payments made pursuant to divorce should be income to the recipient if those payments meet the formal requirements of new section 71(b). Even if the payments are income to the recipient, however, …
The Community Property Law In Washington (Revised 1985), Harry M. Cross
The Community Property Law In Washington (Revised 1985), Harry M. Cross
Washington Law Review
The author has twice previously summarized the community property law of Washington. In the eleven years since the most recent effort there have been enough changes to warrant a repetition of the task. Much of the discussion in the 1974 article is still appropriate, needing only reference to any later cases; accordingly, some parts of this article will essentially be an updated and revised version of the earlier article. There are also areas, however, in which the more recent cases prompt a new, more extensive, or modified analysis. The article undertakes that new analysis as well as incorporating the appropriately …
Equitable Interest In Enhanced Earning Capacity: The Treatment Of A Professional Degree At Dissolution—In Re Marriage Of Washburn, 101 Wn. 2d 168, 677 P.2d 152 (1984), Helen A. Boyer
Washington Law Review
The Washington Supreme Court addressed this problem in In re Marriage of Washburn. The court held that a supporting spouse should be compensated for contributing to the attainment of a student spouse's degree. The court stated that such a contribution is a factor that trial courts must consider in dividing property or in awarding maintenance. It also held that trial courts must consider the future earning prospects of each spouse in making an award. Nonetheless, the court affirmed an award that was limited to restitution of direct expenditures and opportunity costs. A vigorous dissent argued that a professional degree is …
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Washington Law Review
The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
Washington Law Review
Part I of this Comment surveys the various theories of the role of the guardian ad litem in child abuse proceedings. Part II turns to the need for independent representation for abused children and the appropriate role of the guardian ad litem. It demonstrates that neither the state nor the parents can adequately protect the interests of abused children and concludes that a guardian ad litem plays an important role for the children. Part III outlines the Washington state child abuse legislation and discusses the use of guardians ad litem in Washington child abuse proceedings. This legislation provides the framework …
Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross
Washington Law Review
These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.
Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair
Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair
Washington Law Review
This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.