Articles Posted in Appeals

The question must be asked as in all move away cases is the reason for the move away a motive separate than other reasons given for the move away request.  Often the move away if fought with anterior motives and seems to be almost always done so based on my experience.  Although parties in the move away process claim, family, jobs, friends are the sole motivating forces generating the move.  But are they?  I truly believe in most case the move away is done to alienate the other parent from their children.  I have not had a case where it did not come up that the moving party was in a very contentious custody dispute and the other party just got up and left the state. Dont tell me this was to find a better job and to go live with mommy and daddy in another state because things were better there.  I dont believe it at all.  This is where I really disagree with most court rulings with move away orders given by superior court judges who always seem to side the with he primary custodian of the children. Although the argument that child needs stability and has bonded with one parent already and the courts do not want to disrupt this stable status quo relationship they in effect has left behind a parent without any connnection to their child so that one parent can go on with their life and leave the other parent helpless and without child. This cannot happen anymore and needs to be addressed seriously by the superior court family law bench of all united states.

In one case in particuar case Bruce v Jennifer an Alaskan superior court case involving Domestic violence and child custody move away issues brings to a forefront the anterior motives of a party while trying to hoodwink the court to get what they want which is full custody of the child and to escape dodge with the kid and tearing the bond from the other parent in half as a result of Courts blessings.

The appellant in the Michigan move away case alleged on appeal that Jennifer had committed domestic violence in a prior relationship which would assist Bruce the father in alleging giving her sole physical custody was not in the best interest of the child. The court stated, in full:Regarding the accusation that [Jennifer] hit her boyfriend, there is no time frame associated with this alleged incident

Terrence Howard‘s taking an “L” in his longstanding spousal support war with his ex-wife … who just won in appeals court. This divorce case of Terrence Howard has been going on for years.  This shows how a case in the Family law court system can last as it seems forever.  A case such as Howard’s should make a person involved in a divorce reflect is it really worth it to drag a case out for years to achieve exactly what? To lose money? Im sure Terrence lost thousands paying his family law attorneys and his appellate lawyers to drag a case out for spite and contempt of heart.  Noone wins in cases that drag out over years to fight and fight and win absolutely nothing but lose thousands to the Family Court system.

In Terrence Howard’s case he chose to fight a payment of spousal support to his ex wife.  Often the appellate process can take years because of the nature of the appellate process in the Superior Court system. Often the Trial Court family law judges are permitted what is called broad discretion to handle their family law cases such as spousal support. Since the appellate three judge panel is permitted broad discretion to rule on spousal support matters that makes it difficult for an appellate court to overturn cases that the trial judge ruled on.

According to court docs, Michelle Ghent Howard got a ruling on their spousal support overturned. Two years ago, Terrence convinced the court he’d been forced to sign their marital settlement under duress. He claimed she was threatening to go public with naked photos and videos. Interestingly, Terrence claimed the threat of putting nude photos of himself on the web was enough to coerce him into signing a contract.  Often when once thinks of duress they think of someone facing physical or severe emotional harm. Terrence claims duress was fear of nude photos of himself leaked.  Often the defense to a signing of any contract in the State of California would be duress or coercion.  In addition, if a party claims they did not sign a contract without their consent it could be a plausible defense to signing the contract.