GOURVITZ FIRM ONCE AGAIN AFTER INITIAL DENIAL, PERSISTS IN HAVING NEW JERSEY COURT ADMIT LACK OF JURISDICTION TO MODIFY ITALIAN CHILD SUPPORT ORDER

italy flagMother who lived in Italy with her son sought to modify an Italian Consent order as to the amount of child support and contribution to college expenses because the divorce having incurred in N.J, and the father living in N.J.. The Gourvitz firm contended that Order in Italy which "modified and replaced" the earlier N.J. Judgement of Divorce deprived N.J. from Jurisdiction in accordance with the Uniform Child Jurisdiction and Enforcement Act {UCCJEA} which also applies to foreign countries. After first denying the request the Court admitted that it failed to appreciate and apply UCCJEA in this context, and ceded jurisdiction to Italy as to modification, reserving to itself only the ability to enforce the Italian Order. PERSISTANCE

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GOURVITZ FIRM PREVENTS SEXUALLY ABUSED GIRL FROM BEING RETURNED TO THE UNITED KINGDOM

flagIn a Hague Convention return case, a mother retained her 6 year old daughter after the time she promised the father she would return her to the United Kingdom and kept the child with her in New Jersey. The father, a corporal in the British Army, failed to safeguard his daughter from sexual abuse from his "mate" and was making no safeguards for her further safety. He applied for her return under the Hague Convention which was tried in the District Court of New Jersey. Elliot and Ari Gourvitz filed their responses on behalf of the mother arguing that the United States, not the United Kingdom was the child's "habitual residence" and the Hague Convention "13b exception," that of imminent harm to the child, precluded the return. After the first day of trial the judge adjourned the trial for 60 days for the Gourvitz firm to have available British social services personal, who had submitted reports which included statements of the father's nonchalant behavior about the attack and his failure to provide further safeguards. Seeing how the court was leaning toward enforcing the exception, and possibly finding that the child's "habitual residence" was New Jersey, the father dismissed his action, leaving custody in New Jersey which was designated the child's "habitual residence" with the mother.

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DIVORCE IS NO GROUNDS FOR FIRING

New Jersey High Court Warns Against Employer’s Retaliation for Divorce. The New Jersey Supreme Court ruled on June 21 that employers cannot retaliate against their workers because they are separated, contemplating divorce, or even if the breakup turns ugly is contentious. Unanimously, the court said the state's Law Against Discrimination, (LAD), precludes retaliation based on a worker's marital status. "We hold … that marital status is not limited to the state of being single or married," wrote Appellate Division Judge Mary Cuff, temporarily assigned, in Smith v. Millville Rescue Squad. "Rather, the LAD protects all employees who have declared that they will marry, have separated from their spouse, have initiated divorce proceedings, or have obtained a divorce from discrimination in the workplace. "The LAD prohibits an employer from imposing conditions of employment that have no relationship to the task assigned to and expected of an employee," Cuff said. "It also prohibits an employer from resorting to stereotypes to discipline, block for advancement, or terminate an employee due to a life decision, such as deciding to marry or divorce."

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MUHAMMAD ALI

Muhammad Ali, a kind and gentle man.MUHAMMAD AND BONNIE

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MUHAMMAD ALI. THE GREATEST OF THEM ALL.

MUHAMMAD ALII first met Ali when I was the president of the American Academy of Matrimonial Lawyers Foundation, and his attorney convinced him to come to Chicago for our annual fund raiser. He was my hero because of his adherence to his principles and beliefs although diametrically opposed to mine, and his willingness to sacrifice everything to uphold them. I was awestruck when I first met him, but quickly experiences his gentleness and kindness. I didn't know how to address him, and I asked whether I should call him Muhammad, or Mr. Ali, or what? He replied, "just call me Champ," and that is what he was.

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Elliot H. Gourvitz
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