Family Law Exam

Professor Batt Spring 1990

I. 40 Minutes

Don Cruise, age 31,is a former college football star. Cruise is a veteran of the War in Panama. Cruise is one of the soldiers who was hot on Manuel Noriega' 5 trail and played a part in forcing Noriega to seek diplomatic asylum within the Vatican mission. Cruise was seriously wounded during the intervention in Panama and has a paralyzed left leg and left arm. In addition, he suffers from a post-combat psychiatric syndrome which causes him to have occasional nightmares, periods of moderate depression and a loss of erotic interest. He receives therapy once per week. Cruise receives benefits of $15,000 per year as a disabled veteran. Currently he is enrolled in college and is working on a Masters degree in political science. Cruise has an I.Q. of 173. Cruise is a member of the Veterans of Foreign Wars, Citizens Against Abortion, The Committee to Free Cuba and a well-known motorcycle club, The Angels. Cruise is a strong advocate of segregation.

Cruise is married to Vanessa Burgess Cruise, age 44. Vanessa is a partner in a mega-law firm of 450 people. She made partner very very quickly. Her specialty is junk bond law and she flies all over the country trying cases. Her income is $200,000 per year. She puts in 70 hours a week on her job. She has a law degree from Yale (law journal). Her I.Q.is129. Vanessa is a political supporter of Ted Kennedy,the American Civil Liberties Union and the SANDINISTAS. She advocates the nationalization of basic industries such as steel, coal, etc., but supports Wall Street finance capitalism. She plays the stock market. Twelve years ago Vanessa took an overdose of a prescription sleeping medication. A medical report described this as a "suicidal gesture11. She received therapy. A current psychiatric report on Vanessa states that she is an "obsessive-compulsive perfectionist who suffers from workaholism." In addition, she on two occasions has been diagnosed as suffering from "Pete Rose Syndrome" -compulsive/addictive stock market and basketball "betting". Her husband has stated that she used cocaine at a party three years ago. She denies this. She says Don Cruise used cocaine at the party.

Don and Vanessa have a son Marco, age11. Marco attends a school for gifted children. However, he has been described by a psychologist as "aloof, detached, withdrawn, asocial and unable to get along with other children. It is possible that this child may become so detached that he will become a psychotic -only partly in touch with reality."Marco is a better than average athlete. Marco's real primary caretaker when he was pre-school 1 was a maid.

Don Cruise and Vanessa Burgess Cruise are going through a marital dissolution. Each wants custody of Marco. Marco says he has no preference in regard to his custodian. Assume:

(1) You represent Don Cruise.Develop in detail the case for Don being awarded custody. Indicate what your proof would be.

(2) You represent Vanessa Burgess Cruise. Develop in detail the case for Vanessa being awarded custody. Indicate what your proof would be.

II. (20 Minutes)

Martin Seeforth is a 12 year old boy who has a very serious facial disfigurement which resulted from an auto accident. The accident occurred when Martin was age 9. Martin1 5 father was responsible for the auto accident which gave rise to Martin's facial disfigurement. Martin's father is a follower of the Guru Rajneesh who preaches cosmic healing through the mobilization of the aura of the soul. The Guru Rajneesh's Holy Cosmic Church is a tax exempt I.R.S. qualified religious institution (church). Martin's father has told the boy that by following the Guru Rajneesh he will be healed. Martin1s homeroom teacher has consulted with medical people who are experts on facial disfigurement and they have stated that they will do the operation for free. The teacher asked Martin if he wouldn't like to have the surgery and get fixed up so he can be in the movies. Martin replied that this sounded "gre at" to him and that it would help him be a rock star. However, Martin added that his Dad would prefer that cosmic healing bring about a "cure". The teacher contacted Martin' 5 father, met with him and told him that the operation could be done at no cost to him. The father stated that there was always a cosmic price to pay and that although his religion would not see the operation as a sin-it was not what he wanted.

The teacher contacted the State Department of Welfare. A social worker met with the father and sought permission for the operation. The father refused to give it. The State Department of Welfare has petitioned children's court to have Martin declared a "neglected child" in order to have custody transferred, on a temporary basis, to the State Department of Welfare for the purpose of surgical consent and the medical procedure and appropriate counseling of the boy. All medical experts agree that the medical procedure is virtually without risk and will make Martin into agood-looking young man Psychological reports indicate that Martin's self-esteem and social and economic opportunity will be dramatically increased. You are:

1. Counsel for the State Department of Welfare. Indicate the case that you would present to the

2. Counsel for the father. Indicate the case that you would present. What testimony (expert and non-expert) would you put on as proof?

III. (10 Minutes)

Evaluate critically the expert psychiatric, psychological and psychoanalytic proof before the trial court in Rose v. Rose (child custody-doctor father-leaping mother).

Be sure not to neglect the testimony of Professor Goldstein, the law professor/psychoanalyst.

IV. (15 Minutes)

Critically evaluate the opinion of the U.S.Supreme Court in Parham v. J.R.("voluntary" commitment of children to mental hospital at the request of a parent).

V. (10 Minutes)

Write an essay explaining the law of child support. Answer in as much detail as you can.

VI. (15 Minutes)

Explain:

1. The law governing maintenance.

2. The law governing property disposition.

VII. (10 Minutes)

In as much detail as is possible present the case for using arbitration, mediation and conciliation to decide family law issues.