Bachelors in Business Administration

April, 2011

by Stephen Kolodny

In highly charged child custody cases in which one parent wishes to use his or her children either as a way to punish a spouse, extort money from the spouse, or, in some cultures, assert “ownership” of the children, family law attorneys representing the other person usually consider the possibility that the hostile party might abscond with the children. Such abductions may cause greater problems if the parent who kidnaps the children has close ties to another country and if he or she has threatened to take the kids or otherwise acted violent and abusive in the past.

While it remains difficult to anticipate the factors that trigger the abduction of a child, as well as when or if it will occur, news reports in recent years indicate that these unfortunate incidents happen before, during, and after orders and judgments regarding custody, support, and visitation. When a parent involved in a custody battle or other family law matter has a former partner that refuses to abide by the authority of the court or expresses disdain for American courts in general, worry arises that this person may initiate the abduction of the children. Any parent who has lost his or her children to an antagonistic party who ran away with them should immediately retain the services of a lawyer who has experience dealing with international laws regulating child custody.

This area of expertise requires very specific understanding of the laws of the United States and other countries, as well as any international accords that protect you and your children. Your lawyer may turn to such measures as the Uniform Child Abduction Prevention Act; although not yet adopted in every state, this act offers some safeguards in jurisdictions where it applies. In addition to working to locate the child and represent an individual’s interests in the courts of the country, lawyers generally try to arrange a voluntary relinquishment of the child.

Parents who find themselves fighting in a foreign court for the return of their children often move to that country during the court proceedings. Because such actions can take months or even years, this allows the custodial parent to maintain a bond with the children while at the same time proving their determination to the courts. For more information about international child custody, visit the website of Stephen Kolodny at www.kolodny-anteau.com.

July, 2011

By Stephen Kolodny

In his role as a family lawyer in Beverly Hills, California, Stephen Kolodny possesses a wealth of experience in family law, including mediation of family disputes. Kolodny holds membership in the American Association of Family and Conciliation Courts and played a key role in establishing the Los Angeles Superior Court’s Family Law Mediation Panel.

Rather than fight a court battle, some families choose to resolve their disputes through mediation, which is a legal process through which a third party—or sometimes parties—guide them through a decision making process to reach a mutually beneficial agreement. A mediator can be an attorney, a judge, or another individual who has completed the necessary training. Mediation is a viable option for divorce proceedings, child custody and visitation disputes, prenuptial agreements, and domestic partnership agreements and dissolutions.

Each important issue will be identified, negotiated upon, and resolved, with the help of an experienced mediator. In addition, all mediation proceedings are confidential. After an agreement has been reached, a family law attorney can review the mediator’s contract, which dictates the terms and conditions of the divorce, annulment, or other legal matter, as decided upon by the parties involved in the mediation. This contract is then sent to the court for an entry of judgment.

Mediation is usually less time-consuming, less expensive, and less combative than litigation. In certain situations, such as those involving mental illness, abuse, or the threat of violence, mediation may not be a viable option, but many times, it enables individuals to sometimes salvage a civil relationship with a soon-to-be-ex-spouse or other family member.

September, 2011

Child support: The term child support refers to a legally binding financial obligation for a spouse to support his or her child until the end of a marriage or relationship. The paying party, referred to as the obligor, must make regular payments to the custodial parent, referred to as the obligee. If an obligor possesses the ability to make payments and fails to do so in a timely manner, he or she runs the risk of being held in contempt of court and serving jail time. Courts assign child support payments irrespective of gender, taking into account such factors as the status of custody, ability to fulfill financial obligations, and the approximate financial need to raise a child. In some cases, the primary custodial parent must pay the noncustodial parent for expenses incurred while the child is under his or her care.

Arbitration: A common form of alternative dispute resolution (ADR), arbitration refers to a means of settling disputes through one or more arbitrators who act as a neutral third party. After the arbitration tribunal hears arguments from both parties, it has an obligation to consider the case fairly and impartially before delivering a legally binding resolution. In the realm of family law, judicial arbitration has become a popular form of ADR, particularly in cases of child custody. Many state court systems have even begun to mandate arbitration in certain cases, largely in response to significant judicial backlogs.

Visitation: In family law, the term visitation describes the rights of a parent or other significant person to make contact with a child. The extent of a parent’s visitation rights typically depends on the nature of the parents’ relationship and factors such as the age of the child, the demonstrated ability of the parent to care for the child, and custody rulings. Many U.S. family courts adhere to a similar short-distance parenting, which involves visits from the noncustodial parents on alternating weekends and certain holidays. In divorce and separation cases that place parents further apart from each other, the courts often allow noncustodial parents to combine weekends into a longer stretch of time to reduce travel expenses.

About the Author

For more than four decades, Stephen Kolodny has provided legal services in the field of family law. A member of the American Academy of Matrimonial Lawyers and the International Academy of Matrimonial Lawyers, Mr. Kolodny possesses an extensive background in a wide variety of family law topics, including complex property characterization and custody litigation issues. Mr. Kolodny currently serves as a Founding Partner of the Beverly Hills-based family law firm Kolodny & Anteau Website

A Glossary of Family Law Terms (Part 1 of 2)