
Child
Custody: Court held a switch from primary physical custody to alternating weeks of shared custody of a fifteen month old child was best
after considering psychological importance to the child of a primary caretaker and the fact that a third party would care for the young child while the one parent worked night shift. Both parents were capable of minimum cooperation
Expert Report: York County child custody court has held an expert report following psychological evaluation requested by Father (who then decided not to call the expert as a witness at trial) must be given to Mother. No privilege protects the report which was sought for litigation, and not treatment purposes.
Mediation: The Association
for Conflict Resolution and
the American Bar Association
have undertaken a feasibility
study regarding a national
mediator certification program.
The appointed task force
issued a Report and Recommendations
on March 31, 2004. The definition
of mediation used by the
task force :
"Mediation is a process of dispute resolution in which one or more impartial third parties intervenes in a conflict or dispute with the consent of the participants and assists them without coercion or the appearance of coercion. In mediation, the decision-making authority rests with the participants themselves and strongly values the parties' exercise of their self determination. Recognizing participants' needs,
cultural differences, and
variations in style, the
mediation process allow
participants to define
and clarify issues, reduce
obstacles to communication,
explore possible solutions,
and, when desired, reach
a mutually satisfactory
agreement. Mediation presents
the opportunity to express
differences and improve
relationships and mutual
understanding, whether
or not an agreement is
reached."
Military Pension
Provisions: Where a court
order divides military pension benefits,
if the pensioner chooses to receive disability
benefits instead of all or part of the
pension benefits, this choice may not reduce
the ex-spouse's right to receive the same
dollar amount (from the pensioner) as if
the choice had not been made.
Property Division in Divorce: Effective January 28, 2005, the Court now has the power to make partial distributions of property at any stage of the divorce proceedings and to consider each martial asset independently and apply a different percentage of division to different assets.