Greenwood Village, CO
Family Lawyer at Greenwood Village, CO
Practice Areas: Family, Divorce & Separation, Litigation
OUTCOME:
In this case, the Supreme Court applied the updated common law marriage test announced today in In re Marriage of Hogsett and Neale, 2021 CO 1, __ P.3d __, emphasizing that a common law marriage findin ... g depends on the totality of the circumstances, and no single factor is dispositive.
OUTCOME: Case remanded for new trial on relocation. Prevailed at hearing.
Complex issues concerning relocation of minor children and custody, and fundamental rights of parents.
OUTCOME:
In January 2022, plaintiffs A.S. and her husband B.S. brought a claim under the Child Sexual Abuse Accountability Act (CSAAA or “Act”) against a former high school athletic coach and a school district, ... alleging that the coach sexually abused A.S. between 2001 and 2005 when she was a minor. At the time plaintiffs filed suit, any previously available claims for this alleged abuse was time-barred. The issue this case presented for the Colorado Supreme Court’s review was whether the CSAAA was unconstitutionally retrospective to the extent it created a new cause of action for conduct that predated the Act, and for which any previously available claims would be time-barred. The Supreme Court concluded that because the CSAAA created a new cause of action for child sexual abuse, the Act created a new obligation and attached a new disability with respect to past transactions or considerations to the extent it permitted victims to bring claims for which any available cause of action would have been time-barred. Therefore, the CSAAA amounted to unconstitutional retrospective legislation as applied to the plaintiffs’ claim under the Act. Accordingly, the Court affirmed the district court’s order granting defendants’ motions to dismiss.