The secret to handling Family law cases is understanding your position and responsibilities. Keep in mind, try not to let the emotional side interfere with the legal side (not easy sometimes, been there). Statutes generally provide the guidance of the Family Law system for the State, however Case Law helps to bring real-world perspective. Here are a few cases I really like:
Amedovski v. Amedovski (2019) -“Carelessness does not equate with excusable neglect”. This case means lot as it reminds me that a moment of carelessness can be devastating. Along the same lines, it also shows how personal responsibility is imperative for all matters.
Toth v. Toth (1997) -“An equitable division is a concept of fairness dependent on the facts in particular cases”. Family Court generally does not have winners or losers, it’s always about best interest of the children, parties, etc. The bottom line is always the facts in each case generally determine the outcome. However, the facts may be strong with one side, yet their actions dictate otherwise (again, personal responsibility goes a long way).
Kline v. Kline (2009) -“But Rule 44 “was intended to serve as a shield for those prejudiced by a lack of notice, not as a sword for those who, with full information, elect to be defaulted.” When in any litigation, the rules are designed to keep the field as transparent as possible. However, the actions of one should not dictate the same actions of the other. The ultimate decision of correct behavior is the individual and just because the other party may appear to get away with something, does not mean we stray from our strategy.
Higgins v. Higgins (1999) -“Although (Father/Mother) are self-represented, they are held to the same standards expected of an attorney”. Full disclosure, long before I started practicing, I went solo in my own family law case and it was not good. I let my emotions do the talking, took no responsibility, and looked like an idiot. The best part, I did not get the relief requested, even though the evidence was heavily in my favor (hint, other cases above, just saying…..). The only saving grace was getting an opportunity to apologize to the Judge several years later for being out of line.
There are more however, it always come down to the same thing, know yourself and be responsible for you.