Recent News and Articles

Déjà Vu: Court of Appeals Profoundly Rejects DCS Procedure Again

Few things provide a person with more purpose and joy than raising children. The U.S. Supreme Court held, “even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.” In other words, parents have a constitutional right to direct “the care, custody and management of their child.”In Arizona, “only in the most extraordinary circumstances, when all other efforts to preserve the relationship have failed,” can the parent-child relationship be terminated. Notwithstanding, courts, at the urging of the Department of Child Safety (“DCS”), have severed parental rights based on little more than agency opinion and unchallenged expert testimony.

June 27, 2019

DCS wanted him to admit to child abuse to get his kids back. Instead, he fought the charges — and won

In the news this week, the Department of Child Safety violated Arizona law by interviewing a child without parental consent, according to a report from the Arizona Ombudsman.

February 22, 2019

Crosby-Garbotz v. Fell in and for County of Pima

Supreme Court of Arizona Ι 246 Ariz. 54 Ι Filed February 5, 2019 CHIEF JUSTICE BALES, opinion of the Court: ¶1 Issue preclusion, also known

February 5, 2019

Revisions to the Family Law Rules

During the past several years, the Arizona Supreme Court has adopted restyled Rules of Evidence, Civil Appellate Producer, Protective Order Procedures, Civil Procedure, and Criminal Procedure. In December 2016, Chief Justice Scott Bales directed a Task Force to review the current family law rules, to identify possible changes that would confirm those rules to modern usage, and to adopt a new set of family law rules.

January 1, 2019

Divorcing the Minister and Rabbi: Accounting for the Parsonage Exemption

It is not unfamiliar to those practicing family law to have a client or opposing party provide a tax-return that does not match their salary. Most of these discrepancies result from individuals…

May 21, 2018

McLaughlin v. Jones Amicus Curiae Brief of Arizona Family Law Practitioners

Supreme Court of Arizona. Kimberly MCLAUGHLIN, Petitioner, v. The Honorable Lori B. JONES, Judge of the Superior Court of the State of Arizona, in and

May 27, 2017

Update: Divorcing the Realtor

By: Woodnick Law, PLLC [The article below was originally published on December 2nd, 2016 and updated on May 19th, 2021. In May of 2021, real

December 2, 2016

Flippin’ Divorce

You and your husband were smitten by the success of Tarek and Christina from HGTV’s Flip or Flop. Following their lead and a strong rebound in the real estate market, you started buying houses to sell. You quit…

September 27, 2016

When Adoptions Fail

Building adopted families is a dream for many people. Perhaps adoption is a choice in the wake of fertility challenges, perhaps adoption is the product of a relative who is unable to care for their own child through CPS, or perhaps building your family has always meant adopting. After all, there are far too many children in state care who also need loving homes.

August 25, 2016

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