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April 28, 2009
Increased Filing Fees
The Iowa Legislature recently approved a bill containing substantial increases in state court filing fees.&; The bill has been sent to the Governor for his signature, which is expected, and the increases will become effective upon enactment.&; Some of the increased fees affecting family law cases are: Dissolution of Marriage Petition, currently $100 will increase to $185. Domestic Abuse Petitions, currently $100 will increase to $185 (unless waived). Paternity Petitions, currently $100 will increase to $185. Adoption Decree, will increase to $100. Modification of a Dissolution Decree, currently $50, will increase to $100. Change in Title of Real Estate, currently $20, will increase to $50. Clerk of District Court, tax as a court cost will increase from $15 to $40. Certificate and Seal of Clerk of Court, currently $10, will increase to $20. General Civil Filing Fees, currently $100, will increase to $185 Waiver of Fees for Additional Petitions is struck.
Posted on April 28, 2009 in Legislation | Permalink
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April 17, 2009
No Absolute Right to Children's Medical/Therapy Records
Today&;s Iowa Supreme Court decision in Harder v. Anderson, Arnold, Arnold, Dicket Jensen Gullickson and Sanger, L.L.P. et al, available online , holds that parents who are joint legal custodians do not have an absolute right to obtain copies of their children&;s medical, counselling, and therapy records.The case arose when a parent sent a valid authorization to release records to her children&;s counsellor.&; The counsellor refused to release verbatim copies of the records, but offered to meet with the parent to discuss the children&;s treatment.&; The parent apparently refused these offers from the therapist and instead chose to file suit for a mandatory injunction requiring release of the written records.The decision holds that the joint legal custodial rights granted by Iowa Code Chapter 598 do not mandate or require disclosure of this information to parents.&; Further, the best interests of the child always take precendence over the parent&;s legal rights in the event of a conflict between the two.&; Under the particular facts of this case as applied to that legal principle, the court found that the children&;s best interests were in fact protected by not releasing the information.
Posted on April 17, 2009 in Custody | Permalink
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April 03, 2009
Varnum v. Brien: Iowa "Same-Sex" Marriage Decision - Affirmed
The Iowa Supreme Court has issued a unanimous decision affirming the district court&;s ruling in Varnum v. Brien, the case that challenged the Iowa statutory definition of marriage.&; The Court&;s lengthy opinion is available (PDF; 69 pages).&; Related appellate documents, briefs, and the original district court ruling are available on the Court&;s website.&; It is anticipated that the decision will be effective on April 27, 2009.
Posted on April 03, 2009 in Divorce | Permalink
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Main
April 28, 2009
Increased Filing Fees
The Iowa Legislature recently approved a bill containing substantial increases in state court filing fees.&; The bill has been sent to the Governor for his signature, which is expected, and the increases will become effective upon enactment.&; Some of the increased fees affecting family law cases are: Dissolution of Marriage Petition, currently $100 will increase to $185. Domestic Abuse Petitions, currently $100 will increase to $185 (unless waived). Paternity Petitions, currently $100 will increase to $185. Adoption Decree, will increase to $100. Modification of a Dissolution Decree, currently $50, will increase to $100. Change in Title of Real Estate, currently $20, will increase to $50. Clerk of District Court, tax as a court cost will increase from $15 to $40. Certificate and Seal of Clerk of Court, currently $10, will increase to $20. General Civil Filing Fees, currently $100, will increase to $185 Waiver of Fees for Additional Petitions is struck.
Posted on April 28, 2009 in Legislation | Permalink
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April 17, 2009
No Absolute Right to Children's Medical/Therapy Records
Today&;s Iowa Supreme Court decision in Harder v. Anderson, Arnold, Arnold, Dicket Jensen Gullickson and Sanger, L.L.P. et al, available online , holds that parents who are joint legal custodians do not have an absolute right to obtain copies of their children&;s medical, counselling, and therapy records.The case arose when a parent sent a valid authorization to release records to her children&;s counsellor.&; The counsellor refused to release verbatim copies of the records, but offered to meet with the parent to discuss the children&;s treatment.&; The parent apparently refused these offers from the therapist and instead chose to file suit for a mandatory injunction requiring release of the written records.The decision holds that the joint legal custodial rights granted by Iowa Code Chapter 598 do not mandate or require disclosure of this information to parents.&; Further, the best interests of the child always take precendence over the parent&;s legal rights in the event of a conflict between the two.&; Under the particular facts of this case as applied to that legal principle, the court found that the children&;s best interests were in fact protected by not releasing the information.
Posted on April 17, 2009 in Custody | Permalink
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April 03, 2009
Varnum v. Brien: Iowa "Same-Sex" Marriage Decision - Affirmed
The Iowa Supreme Court has issued a unanimous decision affirming the district court&;s ruling in Varnum v. Brien, the case that challenged the Iowa statutory definition of marriage.&; The Court&;s lengthy opinion is available (PDF; 69 pages).&; Related appellate documents, briefs, and the original district court ruling are available on the Court&;s website.&; It is anticipated that the decision will be effective on April 27, 2009.
Posted on April 03, 2009 in Divorce | Permalink
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