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Author Archives: Sara Stout Ashcraft

Matrimonial Matters: Maternity by estoppel at issue

Estoppel is an equitable remedy that bars “a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers or by his own deed or representations, express or implied.”

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Panel issues two family law decisions

Although many — if not most — family law cases involve both black letter law and fact-driven analyses, it is interesting to find a case that is controlled primarily by one of these influences. Following are two such cases recently ...

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‘Twas the Night: A lawyer’s draft

I do not claim authorship of the filing below — the Internet is full of various versions. After the rush of drafting and filing last minute judgment rolls, matrimonial lawyers deserve a break and a chance to enjoy some lighthearted ...

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Beef up on new Domestic Relations Laws

Last month a domestic violence bill passed by the New York legislature was signed into law by Gov. David A. Paterson. The legislation changes the Family Court Act, Domestic Relations Law and Criminal Procedure Law to beef up provisions against ...

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Still more family law changes

My August column detailed two recently passed statutory changes affecting matrimonial practice. The New York Legislature has been busy, and three additional family law statutes have been enacted. DRL 236B changes Additions were made to two sections of DRL 236B, ...

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Changes in Domestic Relations Law coming soon

The state legislature has been very busy tinkering with the Domestic Relations Law this year, and the changes affect the day-to-day practice of matrimonial lawyers. Following is a summary of two recently instituted statutes: Automatic restraining orders Matrimonial attorneys in ...

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Help for international custody disputes

As all family law practitioners know, custody disputes tend to be some of the most rancorous proceedings in which we are involved. Interstate custody matters are complicated as we deal with jurisdiction and choice of law issues. International custody disputes ...

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Several family law decisions issued

In decisions filed June 5, the Appellate Division, Fourth Department addressed several rules regarding procedure and statutory calculations in family law matters. Although long-time family law practitioners may feel we know the rules by heart, it never hurts to refresh ...

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