FAMILY LAW CASES

• Liberty Life Assurance Co. v. Gilbert
• Robert v. Tesson

U.S. 6th Circuit Court of Appeals, November 13, 2007
Liberty Life Assurance Co. v. Gilbert, No. 06-6068, 06-6078, 06-6079
In life insurance companies' interpleader and declaratory relief action brought to determine who was due annuity payments originally received by a decedent, summary judgment for decedent's daughter is affirmed where: 1) the district court properly found that a separation agreement between decedent and his ex-wife was not an assignment of his right to receive periodic payments under a settlement agreement and that the annuity payments were exempt from the ex-wife's garnishment action under Virginia law; 2) the district court properly found that a transaction between decedent and a loan company was legally invalid and against the public policy of Virginia; 3) there was no abuse of discretion in deciding the equities did not weigh in favor of specifically enforcing the transaction; and 4) thus, decedent's daughter was entitled to the annuity payments as the named beneficiary. Read more...

U.S. 6th Circuit Court of Appeals, November 14, 2007
Robert v. Tesson, No. 06-3889
In an action alleging that petitioner's estranged wife illegally abducted the parties' twins to the U.S., and that the Hague Convention on the Civil Aspects of International Child Abduction required that they be returned to France, a decision in favor of the wife denying return of the sons to France is affirmed where: 1) although the district court applied an incorrect legal standard in determining that the children were habitual residents of the U.S. at the time of the alleged abduction; nevertheless, 2) applying the district court's findings of fact to the proper legal standard does not alter the outcome of that court's decision. Read more...