News + Insights

News + Insights

The Contractual Approach to Assisted Reproductive Technology Litigation

The number of frozen embryos in the United States continues to rise exponentially as people are turning to assisted reproductive technologies (ART) in order to conceive. Current laws fail to protect parties making agreements relating to their frozen embryos. Courts typically use the contractual approach to determine parties’ so-called agreements regarding the disposition of their frozen embryos. However, looking at these agreements as if they were simple contracts fails to protect parties in the divorce context. If courts continue to use the contractual approach, then they have a responsibility to examine the parties’ so-called agreements more closely.

 

READ MORE

Experts disagree on the merits of Parental Alienation Syndrome

Parental alienation syndrome first appeared back in the 1980s. The discovery of PAS is attributed solely to Dr. Richard Gardner, a professor of psychiatry. According to Dr. Gardner, PAS describes when a child is essentially brainwashed by one parent to turn the child against the other parent. Not surprisingly, PAS generally arises in the context of highly contested child custody cases.

 

READ MORE

The Impact of Domestic Violence on Property Division in Divorce in the U.S.A.

To understand the impact of domestic violence in the context of property division in the United States, one must view the concept of the “war” against domestic violence as a dynamic force, finally gaining acceptance at large, yet trying to find its place in the midst of the various “no fault” concepts that govern divorce law in each of the 50 states.

 

READ MORE

The Second Time Around Could Ring Your Bell: The Dangers of Child Support for the Non-Owing Spouse

Beware: If you are married to someone who pays child support, your income now can be combined with your spouse’s income for purposes of calculating your spouse’s child support obligation. Illinois has ventured into new territory with In re Marriage of Rushing.

 

READ MORE

All Over the Map

The Hague Convention on Civil Aspects of Child Custody provides for an expeditious return of children wrongfully taken from their habitual residence. Different interpretations of the Convention’s key terms have led to inconsistent applications by the federal circuits.

 

READ MORE

Illinois Case Law on Parental Abduction

In situations where a court has found a REPEATED, continuing, ongoing pattern of interference with the non-custodial or non-residential parent’s right to have access to and an ongoing relationship with the child of the parties, Illinois courts have ordered a change of custody to rectify the perception of alienation by one parent to another from the child of the parties.

 

READ MORE