Family Lawyer Explains How The Hague Convention “Right of Access” Allows Foreign Parents to Seek Custody in Pennsylvania State Court
The Hague Convention is an international treaty that many countries, including the United States, are party to. The primary purpose of the Hague Convention is to protect children from international abduction by one parent by enabling the courts to ensure the prompt return of the child to their country of habitual residence.
Main Line Family Law Attorney Explains that Children May Now Have Standing to Enforce Their Parents’ Marital Settlement Agreements
In the recent case of Weber v. Weber, No. 1312 WDA 2016, the Pennsylvania Superior Court found that a father and mother’s college-aged son was permitted to bring suit to enforce his parents’ settlement agreement that required them to share equally in the reasonable cost of his college education.
Marital settlement agreements between parents often contain payment provisions that affect the children. However, the Pennsylvania Supreme Court has explicitly refused to allow children to sue their parents to enforce child support provisions of the parents’ marital settlement agreement. In doing so, the Supreme Court has relied on a on a public policy rationale, stating that this would open a “Pandora’s Box,” where every child of divorced parents whose settlement agreement contained a provision for child support would bring suit against their parents.
In Weber, however, the Superior found that a child may be permitted to bring suit against his/her parents to enforce[...]
Alimony is financial support that one spouse is ordered to pay to the other after the entry of a final divorce decree. In general, the spouse that earns more money should expect to pay some alimony to the spouse that earns less money, but that is not always the case. And the amount of the alimony award and how long it will be paid depends on many things, and an experienced Main Line family law attorney will help pursue your best interests.
Under Pennsylvania law, the amount and duration of alimony payments are decided by the court after considering a list of 17 factors, including the relative earnings and earning capacities of the parties, the duration of the marriage, the parties’ ages, the relative assets and liabilities of the parties, and the relative needs of the parties. Because of all of the factors that the court must consider, an award of[...]
Bryn Mawr Family Law Attorney Explains New Pennsylvania Public Access Policy Addressing Access to Court Records which Goes into Effect January 6, 2018
On January 6, 2017, the Pennsylvania Supreme Court adopted a new policy addressing access to trial and appellate court records throughout Pennsylvania. This policy will go into effect on January 6, 2018. It addresses who can access certain court records, and restricts certain types of information from being accessed at all.
There is a general presumption that most court records are open to the public, with several exceptions. Historically, the only way to access court records was to go down to the courthouse to access the files that you wanted to see. However, because more and more counties are making dockets and docket entries available to the general public online, along with concerns about privacy and identity theft, there is a growing need to address what type of information is available to the general public.
This new policy addresses the accessibility of records by the public, including how to obtain records and[...]