by Shawn Weber, JD, CLS-F* | Aug 31, 2012 | Uncategorized
I came across this article from Time Magazine by BELINDA LUSCOMBE about a family judge in Canada that basically flipped out on a couple because their behavior during the divorce was so bad. The Judge apparently wrote his opinion having taken a very dim view of both parties. I particularly enjoyed his dark and sarcastic tone in his very unusual order. However, the opinion underscores in a humorous way a significant problem facing many family court judges. I have often heard the saying that in Criminal Court, we have bad people on their best behavior. But in Family Court we have good people on their worst behavior. I wonder how many family judges have considered making an order like this one.
Here’s the link to the article. http://healthland.time.com/2011/01/05/the-family-judge-who-flipped-out/
by Shawn Weber, JD, CLS-F* | Jun 25, 2012 | Uncategorized
This article on Huffington Post about Beth Shak’s $1 million shoe collection is quite illustrative.
A person who spends that kind of money on shoes should not at all be surprised that it comes up in the divorce. The reality is that it is an asset with value. That it is some woman’s shoe collection is not the point. If they have value, they need to be divided. In fact, in some states including California, spending that kind of money during the marriage no matter what the asset could be a breach of fiduciary duty. You’re not allowed to have “secret rooms” full of cash without sharing it with the ex… so why a shoe collection?
Read the Article at HuffingtonPost
by Shawn Weber, JD, CLS-F* | Jun 22, 2012 | Uncategorized
Very few people have had as much affect on Family Law jurisprudence in California as Judith Wallerstein. She will definitely leave very large shoes to fill.
Read the Article at HuffingtonPost
by Shawn Weber, JD, CLS-F* | Jun 20, 2012 | Uncategorized
There’s a new press release on the San Diego Superior Court homepage relating to the deep budget cuts the courts are facing as a result of the current California budget problems. Honestly, the cuts to the San Diego Superior Court are huge and my family law colleagues are all abuzz about them. No one has thrown themselves out of a building yet, but one thing is clear: The already inefficient family court system in San Diego Superior Court is about to get much less efficient. (I call it divorce at the DMV.)
As a result, my advice to folks facing an interaction with the family courts is to think twice. There are wonderful no-court options for people facing a divorce, family law case, custody battle, etc. — such as mediation or collaborative divorce.
At Weber Dispute Resolution, we provide many out-of-court options for people caught up in a family law dispute. For a free telephone consulation, call us at 858-410-0144. We can help avoid the nightmare that is the family court.
by Shawn Weber, JD, CLS-F* | Jun 12, 2012 | Uncategorized
Taken from http://www.thedailybeast.com/newsweek/2012/06/10/the-last-days-of-mary-richardson-kennedy.html
Newsweek recently published an article citing formerly sealed documents from the Bobby Kennedy, Jr. v. Mary Kennedy custody battle. Apparently it revealed concerns that Mary Kennedy may have suffered from Borderline Personality Disorder (BPD).
This article caught my attention because of my involvement in so many difficult high conflict custody battles where BPD was involved. These cases are extraordinarily difficult. A person with BPD suffers greatly and simply hasn’t the ability to understand the effect that one’s behavior can have on family members and, of particular concern, on children.
I have represented both persons suffering from BPD and those attempting to divorce a person with BPD. These cases are usually extremely conflictual and difficult to navigate. Although I have developed a skill set that enables me to manage such cases in as good a way as possible, it gives me a front row seat to some very sad and destructive circumstances. I would even say that I am one of the very few family law attorneys brave enough to take on such a case.
I feel for the Kennedy family and also feel for Ms. Kennedy. I hope that her celebrity and tragedy that resulted from her struggles will serve to shine a spotlight on the issue so that more of us can be better equipped to help those suffering from BPD.
Here is the link to the Newsweek article: http://www.thedailybeast.com/newsweek/2012/06/10/the-last-days-of-mary-richardson-kennedy.html
Other celebrities rumored to suffer from BPD include:
- Princess Diana
- Amy Winehouse
- Brittany Spears
- Lindsey Lohan
- Marilyn Monroe
- Kurt Cobain
(Note, I am not attempting to confirm that these individuals indeed have or had BPD. I am only noting the rumors.)
Perhaps the most famous and tragic story of a person with BPD in a family law context was the case involving Betty Broderick and the murder of her former husband, San Diego attorney Dan Broderick, and his new wife, Linda. (See http://cmm.lefora.com/2009/02/15/dan-and-linda-kolkena-broderick-betty-broderick-an/)
For more information about borderline personality disorder and its effect on family law cases, visit http://www.highconflictinstitute.com/.
Note about the author:
Attorney Shawn Weber is especially equipped to work in high-conflict custody cases. He coaches clients on how to communicate with the other parent in a low-conflict way. His goal is always to lower the temperature during disputes and shield the children from the conflict. However, if necessary, he can provide legal protection when a custody battle becomes heated.
For a free telephone consulation, call Mr. Weber at 858-345-1616 or visit his website at http://www.bravewebermack.com/Family-Law-Overview/Child-Custody.shtml
