Appeals Court Overturns Joint Legal Custody Award
It’s not often that the Appeals Court overturns a Probate Court judgment of joint legal custody, which is why this case caught my attention. The Probate judge acknowledged that there was great conflict between the parties but found they “were not totally incapable of maintaining a cooperative relationship.” The conflict, according to the judge, was…
Read MoreFleshing Out Best Interest Standard
A recent SJC opinion made headlines by finding that a California registered domestic partnership was equivalent to a marriage, and that the biological mother and her “partner” were both parents to the child born during their partnership through in vitro fertilization. The case, too, contains an excellent review of the standards of primary physical custody…
Read MoreHusband Receives No Part of Wife’s $12,000,000 Inheritance
The Appeals Court upheld a Probate judgment in which the judge did not award husband any part of the wife’s $12,000,000 inherited interest in various trusts. The decision does not indicate the precise extent of the marital estate but infers that the wife was left with substantially greater assets than the husband. The parties lived…
Read MoreIs Income Equalization Dead?
The Probate Court equalized the incomes of two parents with a child support order. On the father’s appeal, the Appeals Court affirmed. On further appellate review, the SJC vacated the support award, holding that “income equalization is inconsistent with principles that inform child support orders in the Commonwealth.” Such orders, said the SJC, should not…
Read MoreMore questions than answers for mediators after ‘Bott’
The following letter to the editor of Massachusetts Lawyers Weekly was published on August 23, 2012. Please click here to download the PDF. To the editor: The recent Supreme Judicial Court opinion, In the Matter of Bott, 462 Mass. 430 (2012), has attracted widespread attention in the local mediation community. Because of its potential ramifications, many…
Read MoreThe Bott Case: Mediation, Public Perception, and the Unauthorized Practice of Law
This quarter, rather than a case review, I want to focus on the recent Supreme Judicial Court opinion, Matter of Bott, 462 Mass. 430 (2012) which has attracted wide attention in the local mediation community. Because of its potential ramifications, many of us have been anticipating this case with great interest and even a certain…
Read MoreMCFM FPresident's Message
Dear Mediators: I am so honored that you, my peers, have elected me President and hope that, over the next two years, I prove worthy of the choice. For those of you who don’t know me, I have been practicing law for 21 years and the last 16 have been in the family law area.…
Read MoreMCFM Spring 2012 Family Mediation Quarterly Article by Attorney Fields
The most recent issue of the Massachusetts Council on Family Mediation Family Mediation Quarterly features the following article I wrote called MASSACHUSETTS FAMILY LAW: A Periodic Review. Value of Inherited Nantucket Home Divided Equally. The Appeals Court upheld a Probate and Family Court judgment that divided equally between parties the value of the husband’s interest…
Read MoreJonathan E. Fields elected president of the MCFM
On May 1, Jonathan Fields was elected President of the Massachusetts Council on Family Mediation for a two-year term. He is honored to have been chosen by his peers in an organization in which he has served as an Executive Board member since 2005. The MCFM is a non-profit organization established over twenty-five years go…
Read MoreMarriage Foundation Recommends Mediation
“Judges do not traditionally speak out about the social issues that manifest themselves in their courts,” wrote Lesley Garner, Telegraph journalist and former advice columnist. So it’s somewhat surprising that Sir Paul Coleridge, a senior family court judge in the UK founded the Marriage Foundation, a campaign that promotes, among other things, mediation prior to…
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