Family legislation done for the year; 33 related bills enacted, relig freedom & weps stay vetoed

Here's how family law bills passed by both houses of Virginia's General Assembly stand on March 27. The governor's vetoes and changes will be dealt with when the Assembly reconvenes on April 5.

Governor Vetoed or Requests Changes:

 Died in or after Conference Committee:

Signed by Governor, Becoming Law Effective July 1:

Divorce

Support

Children

 Elder Law/Probate

 Procedure

Women's Liberation


24 Bills Affecting Family Law Get Through Both Houses, 4 Killed, More to Come

Here's how family law bills in Richmond stand after Feb. 20:

 Freshly killed in second house, after passing one house, since last post:

Highlights of what has passed both houses:

Signed by Governor, Enacted Into Law

Divorce

Support

Children

 Elder Law/Probate

Women's Liberation

Passed Both Houses, awaiting governor action OR conference committee -- Full List 

Marriage

 

 

 Children

Domestic Violence

 Elder Law/Probate

 Procedure

Passed One House, then Committee-Approved in Second House

Killed in first house (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):

Marriage

Divorce

Support

Children

Domestic Violence

Elder Law/Probate

Procedure


46 bills affecting family law have passed one house & "crossed over" to the other

Here's how family law bills in Richmond stand after Feb. 16:

Fresh kills since last post

Highlights of what has passed both houses:

Passed Both Houses, awaiting governor action OR conference committee 

Marriage

Women's Liberation

Divorce

Support

 Children

Domestic Violence

 Elder Law/Probate

 Procedure

Passed One House, then Committee-Approved in Second House

 Passed One House, then Subcommittee-Approved in Second House 

 Freshly killed in second house, after passing one house, since last post:

Killed in first house (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):

Marriage

Divorce

Support

Children

Domestic Violence

Elder Law/Probate

Procedure


Richmond family law action on expat divorce, parenting time, voiding quitclaims, medical subpoenas, digital assets, spendthrifts

Bills that made progress since last post:

New killin' since last post:

Here's how bills stand after House and Senate Committees met on Jan. 25, in this order: (1) Approved by committee (2) Approved by subcommittee (3) Awaiting any committee or subcommittee action (4) Killed.

Approved by House or Senate:

Approved by Committee:

Approved by Subcommittee:

No action yet by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):


Va. legislature: More bills affecting families get through committee, more killed, more introduced

Here's how bills stand after House and Senate Committees met on Jan. 18, in this order: (1) Approved by committee (2) Approved by subcommittee (3) Awaiting any committee or subcommittee action (4) Killed.

Approved by Committee:

Approved by Subcommittee:

No action yet by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):


Va. legislature's committees weed out 9 family law & probate bills, approve 16, more to come

Here's how things stand after House and Senate Committees met on Jan. 18, in this order:

  1. Approved by committee.
  2. Approved by subcommittee.
  3. Not yet acted on by any committee or subcommittee. 
  4. Killed. by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely.

Approved and Reported by Committee:

Approved and Reported by Subcommittee:

Not yet acted on by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed:


If presidential perjurers don't get charged, will anyone be afraid to lie in court?

In the Clinton impeachment we decided that perjury isn't an impeachable offense, at least when it's basically about a president's private life and not the essential parts of his job, treason, murder, rape, subverting democratic elections, corruption ... .

But what about plain old criminal prosecutions? if presidents and candidates don't get prosecuted for obvious perjury either, then that tells everyone else to disregard that lying when testifying it's illegal and dangerous. And it gives lawyers and judges another reason not to believe what anyone says. Testifying to a court -- whether on the witness stand, in a deposition, or a written, notarized affidavit -- is under oath and "under penalty of perjury."

Newsweek has published clear proof that Donald Trump either: (a) lied in a deposition in a case against an ex-employee, about a failed attempt to bribe Florida Gov. Jeb Bush, or (b) lied about it to Bush's face in the second debate. Or both. (Even if bribe is the wrong word, that doesn't affect the specific question that the lie and contradiction were about: Whether Trump was trying to get Bush to reverse his opposition to casino gambling when he hired the Defendant to get Florida to allow him to build a casino and hosted a fundraising event for Bush.)

The lawsuit was in Broward County, Florida. Perjury in a deposition is a third-degree felony under Florida law, and can mean up to five years in prison. I haven't yet found out whether Trump was in Florida or another state when he gave his deposition testimony, and whether that would keep Florida from prosecuting him. But the head prosecutor in Broward County, and/or the county where Trump testified, needs to decide whether to pursue a perjury investigation and prosecution, preferably before the election. 

DONALD TRUMP EITHER LIED TO THE REPUBLICANS OR BROKE THE LAW (EXCLUSIVE)


Why's the military so toxic for marriage AND divorce? The best-expressed and newest insights.

Carl Forsling repeats several often-heard, and quite true, observations about how the military is bad for marriage, plus some insights that are original but intuitively very convincing once he points them out. Which explain why it's also so hard on divorce.

"Divorce — it’s no stranger to those in the military. At the same time, the military is a very tradition-minded institution, so divorce is often treated like the family secret no one talks about. ... some commanders have very black and white attitudes in regards to marriage. ... surprisingly prevalent in an institution where divorce is commonplace. The military attracts strong personalities, and they tend to either be very religious with very traditional views of morality or very not."

Very true. I'm more familiar with the strong personalities who are very non-traditional about marriage -- well, they may be traditional and sentimental about it in some ways, but in ways that get them married five times and divorced four times, if they're lucky. And hopefully with a divorce between each marriage. Or divorced early and married never again. Sometimes getting taken advantage of royally, as they see it, in their first divorce, and then becoming determined that next time, and every next time, they will be the ones in the relationship with the power, the knowledge, the leverage and the manipulation. Whether that's in a divorce or in devoutly unwed cohabitation. 

On the other hand, there are many who are honorable and generous to a fault. Or who want what's best for their kids even if it isn't best for themselves. 

Many, whether honorable or manipulative, are gung-ho and unashamed of whatever course they're pursuing, in divorce, adultery or whatever. If they're war veterans, they usually have a sense of entitlement, understandably. The military rightly tells them that they and their jobs are important, and that the civilian world should accommodate them. They may see divorce and other family breakups as just part of the petty civilian-life BS that the military requires them to take care of, but that could never be compared in importance to their mission or their careers.

And yet again, there's another side of this: Timid careerists who are always looking over their shoulders. Junior officers who are expert at creating paper trails to shift blame and responsibility to others, and who think that will work for them in family court.

I've only recently begun to see the very religious and neo-traditional officers and servicemembers the author talks about, but I know they have been out there for quite a while now.

He has a refreshing point of view on a practice that is widespread, widely advised, encouraged by regulations, but which also can make civilian courts get really mad at spouses and treat them like stalkers who are trying to destroy the careers they have benefited from:

"On top of that, some hurt soon-to-be former spouses have in the past called up commanding officers and sergeants major, and in today’s “pro-family” military, those leaders usually picked up the phone to an earful of often highly exaggerated drama. Sometimes those senior leaders rightfully take it with a grain of salt. Other times, service members get chewed out or worse based on the spouse’s account of events that may or may not have happened as described. ... Many units now have “human factors” or “commander’s safety” councils, wherein members’ personal lives are aired out in the name of “safety.” Guess who gets talked about in those? In today’s environment, where the phrase “perception is reality” is too often said without irony, too many service members end up with their reputations tarred." 

(That's not just "in the past", by the way.)

As for two well-known factors that weaken military families, he describes them freshly and eloquently:

"Service members often marry young. Part of that is the rapid maturation the military forces on people, part of it is undoubtedly bad decisions based on housing allowance rates, and part of it is ironically likely the military’s old-fashioned views on marriage. Whatever the reason, marrying young is not a good indicator of matrimonial success."

"Add in the deployments, long hours, etc., and things don’t bode well for military couples. There are some marriages that thrive despite the challenges — as those in the military are fond of saying, 'What doesn’t kill you makes you stronger.' For others, though, what doesn’t kill them severely damages their relationships."

Another factor Forsling doesn't mention: The continuing reluctance to seek mental health treatment for reputation and career reasons. That has been a huge problem in many of my cases.

He concludes: 

The military has made a big push to be more family friendly in recent years. ... As it tries to be better for traditional families, it needs to improve the culture for non-traditional ones, as well."

That's so true. Our society needs to understand that being pro-family means strengthening intact nuclear families, but also honoring all family bonds and strengthening what's left of "broken" families too. 

The Military’s Problem With Marriage

 

Congress to Rein in Juvenile Courts, End "Status" Detention

A bipartisan coalition, including Virginia's Rep. Robert Scott and Senate Judiciary Committee Chairman Chuck Grassley of Iowa, is working with the American Bar Association to update the 1974 Juvenile Justice and Delinquency Act to incorporate the latest scientific findings on juvenile psychology and development, crime prevention and community safety. A key feature is the end of jailing youth for "status offenses" -- things that would not be crimes if committed by adults -- and jailing them even temporarily with adult criminals.

The development of holistic, therapeutic juvenile courts over the past 100 years has done much good, but has also given them great power and discretion and little accountability. Children who merely misbehave can be sucked into the system, bring their whole families with them, get permanently defined as troubled youth, and be supervised so constantly that they can never get out of the legal system until they age out, having missed the opportunity to grow up. My father and law partner Richard Edelin Crouch sounded the alarm about this in the William & Mary Law Review 50 years ago, inspired by the Juvenile Court saga of his younger brother, the late Howard R. Crouch, which started when he idly walked by a restaurant, stuck his head in the door and yelled, "This place stinks!". The police were called, the social workers who followed in their wake declared the Crouches a "broken family" because their father had died, and it all helped inspire Richard's lifelong work for civil liberties and the rights of children, parents and families.

Reauthorization bill seeks to update a key juvenile justice law after more than 10 years

BY RHONDA MCMILLION @ abajournal.com, SEP 1, 2015 

See also:

Therapeutic juvenile courts ignored constitutional rights, human nature, says space-age law student