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We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard John Burke, is paying the price of his actions related to the pandemic after pleading guilty to three counts of first-degree custodial interference in late August.

Burke shares three sons aged 6, 7, and 10 with his ex-wife. On March 24, Burke was supposed to return his three sons to their mother pursuant to a court-ordered parenting plan.  Instead he communicated to his ex-wife that he would be keeping his three sons for an additional four days.  Then, on March 28, Burke failed again to return the children to their mother. On March 29, the children’s school called the mother to let her know Burke had contacted them to state the children would no longer be attending school and to unenroll them immediately.

Burke pushed conspiracy theories about masks and the COVID-19 vaccine. He believed that the children’s school’s masking policy was “an absolute crime,” and also stated that one of his sons “will never be vaccinated again.” Upon deciding that he needed to take extraordinary measures to “protect his boys,” Burke fled with the three children. A judge authorized a $500,000 warrant for Burke’s arrest, and he was eventually taken into custody in Santa Rosa, New Mexico.

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Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately had to be hospitalized due to the stress. More texts and explicit photographs were discovered on Husband’s phone a few months later. The photos were clearly taken in the Clark home. In September 2016, Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. In January 2017, Husband and Wife acquired some land in which to build a house. A few months later the couple executed a separation agreement. Husband and Wife at one point in 2017 reconciled and resumed an intimate relationship. However, during this time, Husband was still carrying on an intimate relationship with Barrett. That relationship went as far as conceiving a child with Barrett via in vitro fertilization. Wife filed an Alienation of Affection lawsuit against Barrett. Barrett was held liable, and she appealed.

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North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they must avoid specific locations (such as a the plaintiff’s home), and awards temporary custody of minor children to the nonoffending party. However, 50B actions are only applicable to parties that are in a personal relationship. That means spouses and former spouses, dating partners, current and former household members, parents, and a few more categories. The rule is that the parties share a personal history. Continue reading →

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Friday December 17th is going to be National Underdogs Day. What is an underdog and why is it so fun supporting them? An underdog is the predicted loser in a competition. It stems from Old English, referring to the “beaten dog in a fight.” Presumably, the “fight” is a dog fight—once a betting spectacle, but now illegal and inhumane. In modern usage, it just means the team or competitor who is not the betting favorite. Continue reading →

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Scott v. Scott, 2021-NCCOA-636 (unpublished).

In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father had agreed to pay $2000 a year toward a college fund for the minor child, but later ceased payment. He was found in contempt, and later appealed. Continue reading →

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https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/

Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings, and social outings. Throughout the divorce proceedings, both parties emphasized how important the dogs were to them, and how important it was for the dogs not to be split up. Ultimately, the Husband got the dogs, but the Wife got a visitation schedule. Husband wanted to remove those visitation provisions, the court denied, and he appealed to the court of appeals. Husband won, and the visitation provisions were struck out. Continue reading →

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Unless your home is under a rock, you probably know that Adele released her fourth studio album on November 19, 2021.  This is Adele’s first new music since the release of her third studio album in 2015.  It has been six years since Adele fans have been graced with her music.  Needless to say, a lot has happened in Adele’s life over the last six years and her newest album was inspired by these struggles, including her divorce from her husband, Simon Konecki. Continue reading →

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Thanksgiving is always a time of year that I look forward to.  Every Thanksgiving my family reconvenes under the same roof to eat amazing food and swap stories.  It is a time when you are truly able to slow down and enjoy each other’s company as a prelude to the Christmas season. Continue reading →

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Purvis v. Purvis, 2021-NCCOA-616 (2021).

It can be safely said that a majority of the parents in North Carolina want to see their children succeed. And to ensure that success, parents often take on large burdens to provide their children with as many opportunities as possible, including helping them with college. Some parents have to co-sign student loans. The case below discusses how a student loan may get classified when the parents split up. Continue reading →

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Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to. Below we look at some recent cases involving alimony deductions. Continue reading →