Sitcoms Online - Main Page / Message Boards - Main Page / News Blog / Photo Galleries / DVD Reviews / Buy TV Shows on DVD and Blu-ray

View Today's Active Threads / View New Posts / Mark All Boards Read / Chit Chat Board

Gimme a Break! Online / Gimme a Break! links and theme songs at Sitcoms Online / Gimme a Break! Photo Gallery


Gimme a Break! - Season One (US Release by Universal)

Buy Gimme a Break! - Season One (US Release by Universal) on DVD
Gimme a Break! - The Complete First Season (Canadian Release by VEI)

Buy Gimme a Break! - The Complete First Season (Canadian Release by VEI) on DVD
Gimme a Break! - The Complete Second Season (Canadian Release by VEI)

Buy Gimme a Break! - The Complete Second Season (Canadian Release by VEI) on DVD if you are in the US
/ Buy in Canada
Gimme a Break! - The Complete Series (Canadian Release by VEI)

Buy Gimme a Break! - The Complete Series (Canadian Release by VEI) on DVD
/ Buy in Canada

Sitcoms Online Message Boards - Forums  

Go Back   Sitcoms Online Message Boards - Forums > 1980s Sitcoms > Gimme a Break!

Notices

SitcomsOnline.com News Blog Headlines Twitter Facebook Instagram RSS

SitcomsOnline Digest: Roseanne Without Roseanne is Official; Is a Revival of The Nanny in the Works?
Fri-Yay: Shows to Catch Up on This Summer; The Conners Coming to ABC Tuesdays This Fall
3rd Rock from the Sun Launches on Laff in July; The CW Fall 2018 Premiere Dates
NBC Fall 2018 Premiere Dates; Season 4 of Bounce Sitcom Premieres July 2
The History of Comedy Returns to CNN; Showtime Gets First Late Night Talk Show
Showtime Gets Don Cheadle Comedy; HBO Special Directed by Jerrod Carmichael Coming Soon
Sitcom Stars on Talk Shows; This Week in Sitcoms (Week of June 18, 2018)
SitcomsOnline Digest: Roseanne Spinoff One Step Closer to Reality; Netflix to Air New Season of Lucifer
Fri-Yay: Unbreakable Kimmy Schmidt Finally Finds Its Best Self; All About the Washingtons with Rev Run Coming to Netflix
Paramount Network Comedy Scores in Ratings; Stan Against Evil Returns on Halloween for Season 3


New on DVD/Blu-ray (June)

Living Single - The Complete Fifth Season Step by Step - The Complete First Season Will & Grace (The Revival) - Season One Perfect Strangers - The Complete Fourth Season Last Man Standing - The Complete Sixth Season

06/05 - Living Single - The Complete Fifth Season
06/05 - New Girl - The Complete Sixth Season
06/05 - South Park - The Complete Twenty-First Season (Blu-ray)
06/12 - Fresh Off the Boat - The Complete Fourth Season
06/12 - Life in Pieces - The Complete Third Season
06/12 - The Office - The Complete Series
06/12 - Speechless - The Complete First Season
06/12 - Speechless - The Complete Second Season
06/12 - Step by Step - The Complete First Season
06/12 - Will & Grace (The Revival) - Season One (Blu-ray)
06/19 - Perfect Strangers - The Complete Fourth Season
06/26 - Last Man Standing - The Complete Fifth Season
06/26 - Last Man Standing - The Complete Sixth Season
06/26 - The Mick - The Complete First Season
06/26 - The Mick - The Complete Second Season
More TV DVD Releases / DVD Reviews Archive / SitcomsOnline Digest


Reply
 
Thread Tools Search this Thread
Old 09-19-2013, 04:02 PM   #1
doglover
Member
Occasional Poster
 
Join Date: Sep 19, 2013
Posts: 9
Default "Custody Suit" was not realistic

I am a family law attorney, and this was not realistic. Now, I will say that I do not practice in California so I am not familiar with family law there. And, things could have significantly changed since the early 1980s. Still, based on what I know, this episode was not realistic. Had I been the Chief's lawyer, I would have immediately filed a Motion to Dismiss and asked for attorney fees from the aunt. She had no grounds to take the kids. The Chief's attorney told him that if the judge believed one word of what the aunt said, that he would never see his kids again. I nearly fell out of my chair! That is not correct. In order to take the kids from the Chief, the aunt would have to prove that he is an unfit father.

"Unfit" means severe neglect, abuse, not taking care of the kids, and/or being a danger to the kids. None of these things were true. And, the test if not comparative. Even if the aunt had been able to prove that she could provide better for the kids, it still wouldn't have been enough. A parent has a fundamental, constitutional right to their kids, and unless they are unfit the parent will always prevail. Between two parents, the test is best interests of the child. Between a parent and a non-parent, the test is fitness and harm to the child. The aunt's attorney asking the Chief about time spent with his kids and implying that he was an absent father would have been questioning you would see in a fight between two parents in a custody battle.

The aunt's rights were *not* equal to the Chief's. His were constitutional. Hers were statutory at best. The Chief said his lawyer was the best. No he wasn't, LOL. His lawyer never spoke in court. It was Nell who won the case. And that's another thing. No way would a judge allow a scene like that to take place in his courtroom. He would have told Nell and the aunt to shut up. Proving a parent unfit is a significantly high burden to meet. The aunt didn't have a leg to stand on. Also, the court generally will take a child's preference into consideration if the child is 12 or older. All three girls were over 12 so they would have been able to express their opinion.

Sorry, I'm sure eveyone loved reading a brief overview of family law, but I just had to point out how badly done this episode was. If they wanted to do this one, they should have had the aunt bring up things that might have made the Chief seem unfit. I don't know what it would have been though. He made sure his kids were cared for by Nell when he was working. They had what they needed, were going to school, and were generally well-adjusted. I suppose the aunt could have pointed out the occasional spanking, but I can tell you for sure that it wouldn't work now, much less in the early 1980s. Courts still today like to let parents raise their kids as they see fit.
doglover is offline   Reply With Quote
Old 09-20-2013, 08:31 AM   #2
Hughsgirl
Member
Forum Regular
 
Hughsgirl's Avatar
 
Join Date: Sep 22, 2008
Location: Michigan
Posts: 801
Default

I agree with you 100% and I'm not a lawyer. To me it was common sense just with the age of the girls alone, she had no leg to stand on! It was nothing short of a frivalous lawsuit and should have been tossed out before it was even heard.
Hughsgirl is offline   Reply With Quote
Old 10-09-2013, 09:02 PM   #3
70s show watcher
Member
Senior Member
 
Join Date: May 20, 2008
Location: between point place and studio 8 h
Posts: 4,200
Default

i agree with both of you i watched the ep on dvd yesterday and any judge would have laughed the aunt right out of the courtroom with that lawsuit
70s show watcher is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 02:08 PM.


Although the administrators and moderators of the Sitcoms Online Message Boards will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of the Sitcoms Online Message Boards, nor vBulletin Solutions Inc. (developers of vBulletin) will be held responsible for the content of any message. The owners of the Sitcoms Online Message Boards reserve the right to remove, edit, move or close any thread for any reason.

VigLink badge

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2018, vBulletin Solutions Inc.