Archive: 2010

This article analyzes the implications of the Wisconsin Court of Appeals’ opinion in McReath v. McReath.

When an appellate court decision starts by noting that a particular area of law has been characterized as a “quagmire,” one reasonably expects that the court will then proceed to clean up the confusion. So, when a recent Court of Appeals case explicitly states that its decision will not “pull Wisconsin out of the quagmire,” the case is worth reading more than once.

While not directly addressing the issue of continuing contempt, a recent decision by the Wisconsin Court of Appeals does recognize the goal of making the victim whole and provides authority for trial courts to do so.

Winston Churchill once said, “There is nothing wrong with change, if it is in right direction.” Over the past two decades, family law has seen tremendous change, mirroring changes in society. Years ago, for divorcing parents, the “child of tender years” doctrine meant that custody was usually awarded to the mother, with the father having […]

Has shared time truly become the norm? Is it mandatory? Most importantly, is it a good thing?

It seems that every few years, the Court of Appeals needs to remind trial courts that rules of evidence and procedure apply in family law cases.

For years, Wisconsin appellate courts have wrestled with the treatment of defined benefit plans as either income available for support, property to be divided or (shudders) both. Now a new case creates substantial confusion.

Recent developments in case law along with the effect of the depressed economy on family law make this a good time to visit the current law of contempt remedies.

On the other hand, one’s heart has to go out to grandparents who have lost a child through death and then run the risk of losing their grandchildren due to the capriciousness of the surviving parent. Yet both sides cannot be right.