As social work has developed into an increasingly seasoned, mature, and specialized profession, the role of the social worker has also changed. So too is the expectation that social workers will ensure that they are satisfying all legal responsibilities owed to their clients. Although many public sector social work administrators and practitioners are concerned about liability litigation and qualified immunity, no national studies of appellate cases have been published. This study explores when social workers are and are not successful in asserting qualified immunity when sued in civil court under 42 U.S.C. § 1983.
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- Family Law Blog – Report from the Front Lines, by Laurel Stuart-Fink (Page 10)
Prenuptial agreement voided because of fault
In an unpublished decision, the Michigan court of appeals voided a prenuptial agreement based upon findings that Husband had subjected Wife to years of mental and physical abuse. Hutchison v Hutchison, Docket No. 284259 [Muskegon County, July 28, 2009]
The trial court held that the prenup could be voided because the facts and circumstances are so changed since the agreement was executed that its enforcement would be unfair and unconscionable, citing Reed v Reed, 265 Mich App 131, 142-143 (2005).
Adoption of adult partner upheld by Maine Supreme Court
A decision by the Maine Supreme Court last week, in an inheritance dispute of considerable value involving a very large trust set up by one of the founders of IBM for the benefit of his descendants, the Court ruled that an adult adoption of a same-sex partner was legitimate. The issue largely centered on whether the adoptee-partner was “a descendant” and part of the trust beneficiary class who could gain a share of the substantial trust. According to the Court, she is.
adopt, adoption, constitution, constitutional, estate, estates, family, gay, incest, Lawrence, lesbian, marriage, trust, trustsIs no-fault divorce fostering disposable marriage?
Ben Stevens, who writes the South Carolina Family Law Blog, reports the following:
“The recently retired Chief Justice of the Georgia Supreme Court, Leah Ward Sears, wrote a compelling article for CNN.com in which she called for the end of ‘disposable marriage.’ Her brother committed suicide, and she suspected that his bitter divorce, in a no-fault divorce state, at least partially contributed to it.
Should you open your spouse’s mail?
Usually spouses live together for a while after filing. Suppose you see correspondence from your spouse’s lawyer in the mail. Should you open it? Is is OK to hide it?
Presidential Family Agenda
family law agenda, child and dependent care tax credit, child care expenses, adoption, family medical leave, adoption rights, same-sex marriage.