New York Matrimonial Trial Handbook
The by Joel R. Brandes is available in Bookstores and online in the print edition , . It is also available and for all ebook readers in our bookstore. The New York Matrimonial Trial Handbook is divided into five parts: (1) Preliminary Matters Prior to the Commencement of Trial, Conduct of Trial and Rules of Evidence Particularly Applicable in Matrimonial Matters; (2); Establishing Grounds for Divorce, Separation and Annulment and Defenses; (3) Obtaining Maintenance, Child Support, Exclusive Occupancy and Counsel Fees; (4) Property Distribution and Evidence of Value; and (5) Trial of a Custody Case. There are thousands of suggested questions for the examination and cross-examination of witnesses dealing with very aspect of the matrimonial trial. Click and
The New York Matrimonial Trial Handbook was reviewed by Bernard Dworkin, Esq., in the New York Law Journal on December 21, 2017. His review is reprinted on our website at with the permission of the New York Law Journal.
Joel R. Brandes, is the author of Law and The Family New York, 2d (9 volumes) (Thomson Reuters), and Law and the Family New York Forms (5 volumes) (Thomson Reuters). Law and the Family New York, 2d is a treatise and a procedural guide. Volume 4A of the treatise contains more than 950 pages devoted to an analysis of the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. It contains a complete discussion of the cases construing the Convention which have been decided by the United States Supreme Court, the Circuit Courts of Appeal, the District Courts, and the New York Courts.
Friday, September 15, 2017
Ischiu v Garcia, 2017 WL 3500403 (D. Maryland, 2017)[Guatemala][Grave Risk of Harm][Petition denied]
Eubanks v Eubanks, 2017 WL 3235446 (E.D. Louisiana, 2017)[Cayman Islands][Habitual Residence][Petition denied]
Gutierrez v Juarez, 2017 WL 3215659 (D. Arizona, 2017)[Mexico] [Habitual Residence][Petition Granted
Kovacic v Harris, 2017 WL 2719362 (D. Maryland, 2017)[Croatia][Federal & State Judicial Remedies] [Motion to dismiss]
Gonzalez v Batres, 2015 WL 12819198 (D. New Mexico, 2015) [Mexico] [Federal & State Judicial Remedies] [Judicial Notice]
In Gonzalez v Batres, 2015 WL 12819198 (D. New Mexico, 2015) the Petitioner , citing to Article 14 of the Hague Convention and Federal Rule of Civil Procedure 44.1, asked that the Court take judicial notice of Articles 278 through 280, Articles 406 through 419, Articles 438 through 439, and Articles 441 through 443 of the Civil Code for the State of Durango, Mexico, all of which govern the Mexican legal concept of patria potestas. She also asked that the Court “take judicial notice” of her expert report, including her expert witness’s conclusions of law; and that the Court “take judicial notice” of several specific conclusions of law regarding the nature of patria potestas and the rights afforded to her by that concept.
The district court explained that Petitioner misunderstood the purposes of these authorities. Rule 44.1 simply allows the Court to “consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence,” when determining foreign law. FED. R. CIV. P. 44.1. Rather than “imposing an obligation on the court to take „judicial notice’ of foreign law,” the Rule “provides flexible procedures for presenting and utilizing material on issues of foreign law.” Likewise, Article 14 simply allows the Court to “take notice directly of the law of, and of judicial or administrative decisions ... in the State of the habitual residence of the child.” Hague Convention on the Civil Aspects of International Child Abduction, art. 14, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89. Both authorities allow the Court to consider foreign legal codes and judicial or administrative decisions, as well as expert testimony, in making determinations of foreign law. However, neither authority provides any basis for simply adopting a party’s conclusions regarding foreign law as the Court’s own. It therefore, granted the motion only insofar as Petitioner sought to have the Court (1) take judicial notice of the portions of the Durango Civil Code that she provided to the Court, pursuant to Article 14 of the Hague Convention; and (2) consider the submitted portions of the Durango Civil Code and the testimony and report of Petitioner’s expert witness, pursuant to Rule 44.1, in reaching any relevant determinations of Mexican law.