COVID-19 school disputes, parenting coordinators, reports from trial judges for appeals, management fees and interest

This week on Legally Speaking with Michael Mulligan:

As schools attempt to reopen for in-person instruction, amidst increasing COVID-19 infection rates, disputes between separated parents over sending children back to school have started showing up in court. 

Disputes of this kind are analyzed based on the best interest of the child. 

In a recent case of this kind, despite the increased risk to a grandparent, and mother of the father’s new domestic partner, a court-ordered that the child return for in-person instruction. 

The court noted that both parents were first responders: a nurse and a police officer. This work already resulted in an increased risk of COVID-19 infection for the potentially impacted family members. 

The child also had some special needs and the court found he could benefit from the social interaction made possible by returning to in-person school. 

Also discussed is the use of parenting coordinators to resolve minor parenting disputes that otherwise end up in court where there is high conflict family litigation. 

Parenting coordinators can be appointed by a court to settle minor parenting disputes and to serve as an intermediary for communications between separated parents and, if necessary, correct them for tone and contents.

Also discussed are the concepts of pre and post-judgment interest as well as the addition of management fees for lump sum awards. 

Management fees are intended to pay for the professional financial management of lump-sum awards. There can be a spectrum of such assistance, which can be necessitated in circumstances such as where a plaintiff suffered a head injury and would, as a result, be incapable of managing an award to pay for their future needs.

Follow this link for a transcript of the episode and links to the cases discussed.

Legally Speaking with Michael Mulligan is live on CFAX-1070 every Thursday at 10:30 am.