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DIVORCE HEADQUARTERS NEWSLETTER Issue #24 June 2002 Know someone else going through the process? If you think they could benefit from this newsletter feel free to pass it on in it's entirety to them. "Your daily behavior reflects your deepest values" - Unknown Don't forget to mention DivorceHQ.com when contacting the divorce professionals listed on the site. In this Issue:
1. Custody of Frozen Embryo Ruling Overturned According to an article in the Seattle Times on June 14, 2002, the Washington State Supreme Court ruled that two frozen embryos in a bitter divorce should be destroyed. The ruling overturned a lower-court decision awarding custody of the embryos to David Litowitz, whose sperm contributed to the embryo, along with a donated egg. Rights to the embryos, the court ruled yesterday, do not hinge on genetics, but on the contract David and Becky Litowitz signed with the center where the embryos were frozen. Those contract provisions, the court said, call for disposal of the embryos. "It is not necessary for this court to engage in a legal, medical or philosophical discussion" whether these pre-embryos are 'children,' or whether Becky Litowitz is legally their parent, Justice Charles Z. Smith wrote in the 8-1 decision. "We base our decision in this case solely upon the contractual rights of the parties under the pre-embryo cryopreservation contract." The court cited a provision in the contract the couple signed in 1996 with Loma Linda University's Center for Fertility and In Vitro Fertilization in California. It said that after five years, the embryos would be thawed and "not allowed to undergo any further development" unless the couple requested they be frozen longer, and the center agreed. When the couple divorced a Pierce County Superior Court judge, citing the "best interest of the child," awarded the embryos in 1998 to David Litowitz, who promised to put the embryos up for adoption. A state appeals court affirmed that decision, saying David Litowitz could not be forced to become a father again. The appeals court when on to say that Becky Litowitz had no right to require the embryos be brought to life because she did not provide the eggs. Ms. Litowitz appealed, saying the decision denied her right to be a parent as specified in the in-vitro fertilization contract. The following is an excerpt from an article submitted by one of our professional members. For full text of all articles visit http://Divorcehq.com/articles.html 2. FAMILY ANTI-TERRORISM - A NEW WEAPON IN DOMESTIC VIOLENCE LAW by Catharine M. Venzon, Esquire I recall a quote that the true measure of a society can be judged by the laws it enacts to protect its weak. This country can take pride that it can now be judged in a more favorable light as the Department of Justice has recently created within itself a Violence Against Women Office. Attorney General Janet Reno named Bonnie Campbell, the former Attorney General of Iowa, Director of this newly created office. Coincidentally, this took place on the first day of Spring, 1995. Hopefully, there will be a new beginning in the American way of life, as the office takes action to oppose family violence. Closer to home, effective January 1, 1995, the New York State Legislature enacted The Family Protection and Domestic Violence Intervention Act. This Act amends the Family Court Act, Domestic Relations Law, Criminal Procedure Law, Penal Law, and the Executive Law. This law confronts, and allows for the opportunity to acknowledge, domestic violence, to define it in ways that had not been considered in the past, and to find solutions. These new laws reflect that society is now acknowledging that abuse, neglect, battery and degradation within the sanctity of a relationship is not acceptable: no longer will the past method of ignoring America's dirty little secrets be tolerated. Sadly, it is understood that domestic violence is a part of American society and a way of life for many people. There is now an acknowledgment that no one is immune from domestic violence. In fact, numerous studies have revealed that there is no single personality profile of a batterer. However, it has been found that a risk-marker profile can help to identify certain individuals who may be batterers, and situations that can increase the likelihood of abuse. Unfortunately, the profile cannot be used to predict violence. Risk markers include: witnessing and/or experiencing violence in a childhood home; chronic alcohol abuse or illicit drug use; low self-esteem/status related to employment in comparison to education; and feeling inadequate in comparison to and incompatibility with a partner's employment achievements. The former method of dealing with domestic violence was to advise partners to kiss and make up. In contrast to this, New York State has enacted a pro-arrest policy, in line with the National Agenda which has now placed family violence as a priority. The Department of Health and Human Services has determined that domestic violence is the number one cause of injury and/or death to women. According to a Department of Justice Press Release in March 1995, each year three to four million women are victims of family violence. More than two-thirds of violent crimes against women are committed by husbands, boyfriends, or someone known to the women. One third of all women killed in the U.S. die at the hands of a husband or boyfriend. This Department of Justice release also included various provisions of the Violence against Women Act which became law on November 20, 1993. This Act is part of the Violent Crime Control and Law Enforcement Act of 1994. Many of these provisions provide federal grants to states to improve what the Federal Government has viewed as past state and local failures to effectively deal with domestic violence. For the full the version of Ms. Venzon's article including examples of psychological abuse go to: www.divorcehq.com/articles/familyantiterror.html ABOUT THE AUTHOR Ms. Venzon established the law firm of Venzon Brockway, LLP in 1984. She has participated as a guest speaker at a recent Appellate Division Training Seminar. In addition, Ms. Venzon has appeared on public radio to discuss child support collection and other related issues. 3. HUMOR Both of my marriages have been disappointing. My first wife left me and my second one didn't. -- Source Unknown |
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