Conditional residency in immigration family law cases: Who has the burden of proof?By Patrick M. KinnallyInternational and Immigration Law, November 2015The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Family law professionals welcome new collegial forumBy Linda SheehanFamily Law, December 2013The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
Chair’s columnBy William J. ScottFamily Law, November 2012A message from Family Law Section Chair Bill Scott.
Parenthood in civil casesBy Jeffrey A. ParnessCivil Practice and Procedure, May 2012Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
For §513 contributions, why not use your IRA—penalty free?By Edward J. BurtFamily Law, March 2012The practitioner may consider crafting a settlement agreement that utilizes IRA accounts as a source for funding the college education expenses, and thus, the client has somewhat resolved the college funding issue and removes some of the uncertainty as to his/her future obligation for college expenses.
Broken engagementsBy Kelley ManzanoFamily Law, June 2011In the event of a broken engagement, who keeps the ring and who is responsible for the wedding planning expenses?
Even divide among districts on post-decree appellate jurisdictionBy Jan R. KowalskiFamily Law, June 2011For now, the matrimonial law practitioner needs to be cognizant that the appellate jurisdiction over a post-decree order, absent a 304(a) finding, is entirely dependent upon to which Appellate District the matter is brought.
The Illinois Religious Freedom Protection and Civil Union ActBy Richard A. WilsonDiversity Leadership Council, June 2011When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
Signing a Voluntary Acknowledgement of Paternity is not fatalBy Rebecca E. CahanYoung Lawyers Division, June 2011It is our job and duty as lawyers to make sure we know the law and ask the right questions to determine whether a voluntary acknowledgment of paternity may be challenged on the grounds of fraud, duress, or material mistake of fact.
Who is going to pay for college?By Kelli E. GordonFamily Law, August 2010College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New senior minefield: The DRA comes to IllinoisElder Law, June 2010The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Dischargeability of child representative and guardian ad litem fees in bankruptcyBy Arthur W. RummlerChild Law, March 2010This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality ActBy Rory WeilerFamily Law, February 2010One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
Confidentiality issues for family lawyersBy Marilyn LongwellFamily Law, November 2009It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Family law returns to jury trialsBy Harry SchaffnerFamily Law, December 2002A new decision of the Fifth District Appellate Court heralds the dawn of a new age, when family law practitioners return to jury trial practice.
