“Judicial estoppel is an equitable doctrine that can be invoked by a court at its discretion.”(1) The doctrine seeks “to protect the integrity of the judicial process by prohibiting parties from deliberately changing positions according to the exigencies of the moment.”(2) More specifically, the doc...
When a person violates a Georgia divorce decree or child custody order, the offended party typically responds with a contempt action against the violator. A finding of contempt, however, requires willful violation of a clearly-stated obligation.(1) Contempt claims should not be available in situatio...
At times, parents who did not obtain primary custody of their children in divorce actions or other custody proceedings face reluctance or refusal of their children to visit with them, contrary to the parenting time provisions of their custody orders. In some cases, the children’s negative attitudes...
In Georgia divorce actions and other proceedings involving custody of minors, judges at times will interview children in chambers and then partly base their final custody decisions on the information obtained during those consultations. The parties or their counsel do not often witness those intervi...
In Georgia child custody proceedings, statutory law expressly permits parents to reach agreements “respecting any and all issues concerning custody of the child.”(1) A judge presented with such an agreement must ratify it “unless the judge makes specific written factual findings as a part of the fin...