Boston Bar Association
Family Law Section Newsletter
Fall 2014

In this issue...

Properties A and B are identical in all respects, such as building age, quality of location, physical condition, quality of tenants, rental income, collection of rents, rental expenses, quality of property management, no outstanding bank debt (debt-free), etc. Based on current real estate appraisals each property is worth $10 million.

Should the husband and wife be indifferent about who receives which property, since they both appear to be worth the same amount? Is there additional information needed to make an informed decision?

The SJC and Bower v. Bournay-Bower
By Robin Lynch Nardone

The SJC held that the authority vested in the PC in the Bower matter was an unlawful delegation of judicial authority – meaning that a judge cannot give a PC the power to make decisions that should be made by a judge. Does this mean that only a PC with no authority can be appointed? In which case, will such an appointment really lessen the burden on the Court in truly high-conflict cases?

Artwork in Disputes
By  Leila Amineddoleh

As with the passing of all testate and intestate property, the distribution of artwork can be accompanied with controversy and family disputes. These disputes cover a wide range of objects, from antiquities and musical instruments to Nazi-looted art. This last category has recently garnered a great deal of media attention, particularly in light of the 2013 announcement of the discovery of Nazi-looted art in the possession of an elderly German man, Cornelius Gurlitt. The “Gurlitt Collection” was shrouded in mystery, as the origins of the bulk of the approximately 1400 works were (and still are) murky.

Pro-Bono Spotlight

Why does the petition ask about prior cases? How do I get custody of my granddaughter? Do I use my full name on all the forms? How much does it cost? Where do I go to file? When will my court date be? These questions and many more represent the questions the Brooke Court Service Center answers on a daily basis.

Case Summaries
Reported Case Summaries
By Jordana Kershner, Wendy Hickey, Elizabeth Silverstri, Brian J. McLaughlin and Emily Nowlin
Decisions of the MA Appeals Court Pursuant to Rule 1:28
By Ethan Rittershaus, Wendy Hickey, Elizabeth Silverstri , Brian McLaughlin and Emily Nowlin

Family Law Section
Upcoming Programs

CLE - New Developments in the Use of Parenting Coordinators and Guardians ad Litem
January 20, 2015
4:00 PM

Learn how to effectively approach both GAL's and PC's as witnesses in litigation and how to approach, direct and cross-exam the different types of GAL's.


Contributions?
If you are interested in contributing to future issues of the Family Law Newsletter, please contact Brian McLaughlin and Mindy Markvan.
2014-2015 Family Law Section Leadership

Theresa Ramos
Section Co-Chair
Goldstein, Egloff, Ramos & Wood, LLP

Peter G. Coulombe
Section Co-Chair
Massachusetts Department of Revenue

Brian McLaughlin Jr.

Brian McLaughlin, Jr.
Communications
Brian McLaughlin LLP

Wendy Hickey
Communications
Nissenbaum Law Offices

Mindy Markvan
Communications
Markvan Law LLC

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