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New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available online in the print edition at the Bookbaby Bookstore and other bookstores. It is now available in Kindle ebook editions and epub ebook editions in our website bookstore. It is also available at Amazon Kindle, Barnes & Noble and Goodreads.

The New York Matrimonial Trial Handbook was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is a “how to” book for lawyers. This 836 page handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The handbook deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. Table of Contents

Friday, October 09, 2009

Judges Required to Make Additional Findings Where Domestic Violence Found

Judges Required to Make Additional Findings Where Domestic Violence Found


Laws of 2009, Ch 476, § 2 amended Domestic Relations Law § 240 (1)(a), effective December 15, 2009 to require judges to state on the record how their findings with regard to the effect of domestic violence factored into their custody determination. Where the court finds, by a preponderance of the evidence that there is domestic violence the court has been required to consider the effect of domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to Domestic Relations Law § 240 (1)(a). The amendment requires the Court to state on the record how such findings, facts and circumstances factored into the direction for custody or visitation. If an allegation that a child is abused is supported by a preponderance of the evidence, then the court has been required to consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court may not place a child in the custody of a parent who presents a substantial risk of harm to that child. The amendment requires the court to state on the record how such findings were factored into the determination.
Attorney For Child Will be Required to Take Domestic Violence Training
Laws of 2009, Ch 476, § 1 amended Family Court Act 249-b to require the Chief Administrator of the Courts to provide for the development of training programs which include the dynamics of domestic violence and its effect on victims and on children, and the relationship between such dynamics and the issues considered by the court, including, but not limited to, custody, visitation and child support and requires that all attorneys for children, including new and veteran attorneys, receive initial and ongoing training as provided for in this section.

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