Conducting Child Custody Evaluations by Philip M. Stahl download in ePub, pdf, iPad
It is either conclusive not subject to opposition or rebuttable capable of being rebutted by presentation of contrary proof. The appeal is usually based on a determination that the trial judge misinterpreted the law or misused judicial authority when rendering a decision. Often the appointment of a custody evaluator is made by stipulation between the parties. Precedent A rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.
Subpoena An order to appear at a certain time and place to give testimony or produce a document at deposition or trial. Case law Law that is formed by the aggregate of cases rather than by statute. The presentation is intended for both experienced and new evaluators. Domestic violence Physical or mental abuse of a family member.
In the fall of I began to work for the Macomb County Psychodiagnostic Clinic to assist them with their growing need for custody evaluations. Although joint custody was new to Michigan, Californians had been implementing it for a number of years. If an attorney or party believes that a trial court judge has exceeded judicial authority or inappropriately applied the law, an appeal can be made to the appeals court. In some ways, however, the more things change, the more they stay the same. The families with whom I have worked have taught me a great deal.
Evidence code A section of state law that governs the procedures under which evidence can be obtained in a legal proceeding. Trial court The local court that initially hears all cases in dispute. Code A collection of laws or statutes that are classified according to subject matter. Readers may note that I have frequently changed gender throughout the text of this manuscript.
Presumption An assumption of fact that the law requires to be made from another fact or group of facts. Local rules of court Rules adopted by individual courts to define more specifically the general procedural rules that are set out in the various state rules of court. Dissolution of marriage The act of terminating a marriage by divorce. Judgment The final decision of a court determining the rights and obligations of the parties. Deposition The questioning of a party or witness, under oath, outside of the courtroom, usually in one of the lawyer's offices.
Court order Direction of a judge entered in writing. In I took training in divorce mediation.
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