Ray Charles Estate Fights Children

An R&B all-star, who can forget Ray Charles’ rendition of “Georgia on my Mind”? He died on June 10, 2004 at the age of 73 of hepatitis C, leaving behind two ex-wives and twelve children with nine different mothers.

Having reached the pinnacle of show business success, and receiving recognition and awards galore, he became a wealthy man. Two years before he died, he gave his twelve children trust funds of $500,000 each, in exchange for their promises not to challenge the terms of his will. At the time he made these gifts, two of his children were in jail, a fate he managed to avoid despite many years of heroin addiction.

The balance of Mr. Charles’ estate was left to the Ray Charles Foundation for charitable purposes, including hearing-impairment charities and other educational organizations, under the control of his long-time manager Joe Adams.

However, in 2010 Ray Charles’ kids served notice to the record companies and the Foundation that they were terminating the royalty rights on over fifty of their father’s musical compositions, and reclaiming them. U.S. copyright legislation provides that after 35 years, rights to artistic works can be reclaimed by the artist as long as the artist was not an employee of a corporation when he or she created the artistic work.

Interestingly, the recording companies did not challenge the children’s actions, but the Ray Charles Foundation, who received the financial benefit of the royalties, sued the children alleging their father did not own the rights as he was merely an employee of the recording companies. Later in the litigation the Foundation abandoned this position.

On January 28, 2013 Judge Audrey Collins of the United States District Court in California dismissed the Foundation’s lawsuit, finding that the Foundation had no legal status to challenge the copyright notices and ordered the Foundation to pay the children’s legal costs.

Of course, the case is far from over, since the Ray Charles Foundation has announced they will be appealing the ruling.

Lawdiva aka Georgialee Lang

Looking Back: The Law in 2012-Part 2

The last six months of 2012 did not disappoint as far as provocative legal stories, from Judge Lori Douglas to Warren Jeffs, with a smattering of Halle Berry and bad boy Dennis Rodman. Here are the highlights:

July 2012- The Lori Douglas story was at a full boil throughout the month of July as the Judicial Inquiry into her knowledge of her husband’s recruitment of his client as a sexual partner for her, provided the salacious details behind the judicial robes.

The Royal Canadian Mounted Police also took a heavy hit when a large group of female officers spoke out about sexual harassment and discrimination in their workplace. It was a body blow the force did not need, coming at the same time as the details of RCMP incompetency in the Pickton investigation came to light.

August 2012- Halle Berry’s personal life was on display as she battled for custody of her daughter in full press legal combat, while it was difficult to determine if Dennis Rodman deserved censure or pity when the details of his out-of-control life became apparent amid allegations that he owed hundreds of thousands of dollars in unpaid child support.

September 2012- While America’s Election consumed the media and was the subject of a story on Lawdiva, closer to home the tragic situation befalling the children of Bountiful, British Columbia made the news, as six ex-communicated FLDS fathers of 42 children successfully obtained court orders to see their children.

October 2012- The guest post of Agnes Jimenez on “Cyberbullies” was prescient coming mere weeks before the tragedy of B.C. teen Amanda Todd’s suicide.

November 2012- Halle Berry resurfaced in November when the family court ruled that her application to move to France with her daughter, Nahla, was denied. A few weeks later her former partner and the father of Nahla, Gabriel Aubry and her boyfriend, Olivier Martinez engaged in fisticuffs during an access transfer of Nahla at Ms. Berry’s home. Lucky for both, no charges were laid.

December 2012- Only in California, you say? The issue of gay therapy for children who wish to overcome homosexuality hit the news when the California legislature enacted law that would prevent therapists from employing “gay aversion” therapy. A short time later, a California judge struck down the law. Undoubtedly, 2013 will see further court hearings on the issue of gay therapy.

Lindsay Lohan was a regular newsmaker throughout 2012, culminating in charges being laid in both California and New York for assault, reckless driving, and obstruction of justice. Her comeback role as Elizabeth Taylor in a television movie was not the success she hoped for as critics slashed her thespian efforts. More to come in 2013, to be sure.

Bye-bye to 2012…Welcome to 2013!

Lawdiva aka Georgialee Lang

Looking Back: The Law in 2012- Part 1

There were dozens of legal issues that fascinated me in 2012 and many of my subscribers and drop-in readers must have felt the same way, because they read the stories and made their comments, both on Lawdiva and on my Facebook page.

2012 highlights include:

January 2012- Heidi Klum and singer Seal separated, in spite of their public annual renewal of vows. Apparently, their annual recommittment to one another meant as much to them as their original “until death do us part”.

Two other stories captured my interest and yours, namely, the story of the Russian orphan returned to Russia by his American adopted mother and of course, same-sex divorce became a reality falling on the heels of same-sex marriage.

February 2012- A group of concerned citizens in Sarnia, Ontario initiated Canadians for Family Law Reform and held rallies and peaceful protests about the state of family law in Ontario.

As well, a family lawyer stateside who mistakenly released a child’s passport to her mother, only to have the mother flee to Spain with the child, was ordered to pay damages of $950,000 to the child’s father, for his inadvertent assistance in the child’s abduction.

March 2012- Canada was introduced to transgendered Miss Universe Canada Jenna Taleckova and the Ontario courts were asked to strike down the laws criminalizing prostitution, a case that will now go to the Supreme Court of Canada.

April 2012- A Public Sex Offender Registry was established in Calgary, Alberta, while in British Columbia, serial murderer and sex offender Robert Willy Pickton’s horrendous crimes became the focus of an inquiry that got off on the wrong foot and never quite made it back on track.

May 2012- The story of Madam Justice Lori Douglas went viral when the Canadian Judicial Counsel commenced their Inquiry in May. You couldn’t make up a more titillating tale of power, prestige, and sex.

June 2012- The sudden split of Tom Cruise and Katie Holmes saturated the media and Lawdiva readers lapped it up. The second biggest story in June was the announcement of British Columbia’s new Family Law Act, legislation intended to tranform family law from an adversarial model to “court as the last resort”, introducing family law arbitration as a way to resolve family law disputes.

Tomorrow will focus on the highlights from July 2012 to December…Happy New Year

Lawdiva aka Georgialee Lang

Millionaire Divorce Club

While most of us consider ourselves lucky to have a house to live in and a modest retirement plan, in the celebrity stratosphere millionaire and billionaire divorce is shamelessly opulent.

Imagine how stressful divorce must be for those who “live large”, having to give up millions of dollars to their spouses. (And yes, I am kidding.)

Some of the Millionaire Divorce Club members are:

1. RON PERELMAN
American business magnate, Ron Perelman, is an all-star member of the Club, notably because he has married five times and divorced and paid out four of his wives. While most of his wives had their own money, his net worth far surpassed each of his wives.

First wife Faith Goldberg received $8 million, second wife Claudia Cohen left with $80 million, third wife Patricia Duff got $30 million and fourth wife, actress Ellen Barkin scored a sum between $20 and $60 million.

Nonetheless, marriage is still attractive to him as evidenced by his 2010 marriage to psychiatrist Dr. Anna Chapman. I can’t resist commenting that his new wife’s professional credentials may be of assistance to him.(in other words, he needs his head examined!)

2. ROMAN ABRAMOVICH
Russian business tycoon and former politician Roman Abramovich is a very rich man, so rich that he has booked Rhianna to sing for his guests at his St. Bart’s home for New Year’s Eve this year.

With close connections to Boris Yeltsin and Vladimir Putin, Abramovich is at 46 years-old in the top 50 of the world’s wealthiest. While suspicion and innuendo has swirled around his business practices, the owner of Britain’s Chelsea Football Club has managed to survive in the world of cut throat Russian and international business.

With two marriages and divorces, Abramovich separated from Irina Abramovich in 2007 after sixteen years of marriage and five children. Irina received a divorce settlement of $300 million, a pittance compared to her husband’s net worth of $18.7 billion.

3. MEL GIBSON
Actor, producer, and director Mel Gibson and his wife Robyn Moore separated in 2009, immediately after Mr. Gibson’s arrest for drunk driving in Malibu, California. The couple were married for almost 30 years and have seven children and three grandchildren.

Mr. Gibson’s personal life and career have been controversial. His movie “The Passion of the Christ” was criticized as anti-Semitic. It is now the highest grossing R rated movie of all time.

His abuse of alcohol led to some personally embarrassing episodes, most notably the public disintegration of his relationship with Russian pianist Oksana Grigoreiva, who he had a child with after his separation from Ms. Moore.

Ms. Moore is alleged to have received one of the largest Hollywood divorce settlements, in the amount of $400 million together with a large portion of Mel Gibson’s retirement funds.

Lawdiva aka Georgialee Lang

T’was the Night Before Christmas (In Legalese)

Whereas, on or about the night prior to Christmas, there did occur at a
certain improved piece of real property (hereinafter “the House”) a general
lack of stirring by all creatures therein, including, but not limited to a
mouse.

A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by
and around the chimney in said House in the hope and/or belief that St. Nick
a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive at
sometime thereafter.

The minor residents, i.e. the children, of the aforementioned House were
located in their individual beds and were engaged in nocturnal
hallucinations, i.e. dreams, wherein visions of confectionery treats,
including, but not limited to, candies, nuts and/or sugar plums, did dance,
cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as
“I”), being the joint-owner in fee simple of the House with the parts of the
second part (hereinafter “Mamma”), and said Mamma had retired for a
sustained period of sleep. (At such time, the parties were clad in various
forms of headgear, e.g. kerchief and cap.)

Suddenly, and without prior notice or warning, there did occur upon the
unimproved real property adjacent and appurtent to said House, i.e. the
lawn, a certain disruption of unknown nature, cause and/or circumstance. The
party of the first part did immediately rush to a window in the House to
investigate the cause of such disturbance.

At that time, the party of the first part did observe, with some degree of
wonder and/or disbelief, a miniature sleigh (hereinafter “the Vehicle”)
being pulled and/or drawn very rapidly through the air by approximately
eight (8) reindeer. The driver of the Vehicle appeared to be and in fact
was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the
approximately eight (8) reindeer and specifically indentified the animal
co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid,
Donner and Blitzen (hereinafter “the Deer”). (Upon information and belief,
it is further asserted an additional co-conspirator named “Rudolph” may have
been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer
intentionally and willfully trespass upon the roofs of several residences
located adjacent to and in the vicinity of the House, and noted that the
Vehicle was heavily laden with packages, toys and other items of unknown
origin or nature. Suddenly, without prior invitation or permission, either
express or implied, the Vehicle arrived at the House, and Claus entered said
House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with
residue from the chimney, and he carried a large sack containing a portion
of the aforementioned packages, toys, and other unknown items. He was
smoking what appeared to be tobacco in a small pipe in blatant violation of
local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor
children, which hung adjacent to the chimney, with toys and other small
gifts. (Said items did not, however, constitute “gifts” to said minor
pursuant to the applicable provisions of the U.S. Tax Code.)

Upon completion of such task, Claus touched the side of his nose and flew,
rose and/or ascended up the chimney of the House to the roof where the
Vehicle and Deer waited and/or served as “lookouts.” Claus immediately
departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said
House, the party of the first part did hear Claus state and/or exclaim:

“Merry Christmas to all and to all a good night!” Or words to that effect.

Author Unknown

MERRY CHRISTMAS AND PEACE ON EARTH, GOODWILL TO ALL MEN (and boys, girls and women)

Lawdiva aka Georgialee Lang

Do Lindsay Lohan a Favour and Send Her to Jail

Lindsay Lohan’s life is one hot mess! The once-charming child actress and singer vanished years ago and today, at age 26, she’s the latest stand-in for the stereotypical Hollywood role of talented, beautiful actress who dies too young.

The only unknown is the circumstances of her eventual demise. Will she die in a tragic car accident like Jayne Mansfield did at age 34? Will prescription drugs be her downfall, akin to Marily Monroe, who died at age 36? Will she succumb to hard drugs, like Janis Joplin at age 27? Yes, reality is sobering, but in my estimation that is where Ms. Lohan is heading.

Her dysfunctional upbringing, as a child survivor of divorce has been well-documented, as have the continuing immature antics of her mother and father and the equally haunting physical decline of her younger sister. She’s had a rough go of it, but so have many others.

It’s time for Ms. Lohan to grow up and take responsibility for her life. It is also way past time for the California criminal justice system to stop coddling Lindsay Lohan.

As the current “Queen of the Misdemeanor” Ms. Lohan has been given every break possible and I take no issue with the notion that a younger offender be treated as such, but regrettably, she has failed to learn from her
previous encounters with the justice system.

It is apparent she is “playing” the system and has no respect for orders, judges or courts. On probation for the theft of a $2500 necklace, the supervised portion of her probation was rescinded in March 2012 so that she could get back to work.

However, since then she has been involved in two situations where criminal charges have been laid. She allegedly assaulted a woman in a New York night club and the State of California has charged her with reckless driving, lying to a police officer, and obstruction of justice in relation to an incident on the Pacific Coast Highway where her rented $80,000 Porsche slammed into the back of an 18-wheeler truck, totalling her vehicle. The police allege that she lied to them when she said that it was her assistant who was driving the vehicle.

The driver of the truck apparently advised police that it appeared initially as if Ms. Lohan was attempting to flee the scene and that her assistant offered him money if he would refrain from calling 911.

Today, Commissioner Jane Godfrey, a legally trained official appointed to handle misdemeanor matters in criminal court, revoked Lindsay Lohan’s probation, opening up the door for an eight month jail term.

Ms. Lohan needs a reality check and it seems the only way she may get one, is for Commissioner Godfrey to do her job. Unless she does, Lindsay Lohan will continue with her anti-social behavior that makes a mockery of California’s justice system.

Lawdiva aka Georgialee Lang

No “Au Revoir” for Halle Berry

Oscar-winning actress Halle Berry will not be allowed to move permanently to France with her four-year-old daughter Nahla Ariela Aubry, a ruling made on Friday by a California judge. Nahla’s father, Gabriel Aubry is a Canadian actor and model who lives and works in Los Angeles.

Ms. Berry has battled Nahla’s father since the couple separated in 2010, pulling out the usual grab-bag of custody tricks, including her refusal to pay child support to him, later rectified by a judge who ordered that she pay $20,000 to Mr. Aubry as a joint custodial parent. There was also a failed attempt to suggest that Mr. Aubry has been “physical” with Nahla’s nanny. After a complete investigation, accompanied by a period of supervised access for Mr. Aubry, the allegations were thrown out.

When a parent applies to the court to move permanently with a child to a jurisdiction far away from home and the child’s other parent, there are a number of considerations that come into play. Is the move in the child’s best interests? The factors include:

1. Will the child be able to maintain a relationship with the left-behind parent?
2. Will the quality of the relationship with the left-behind parent be sufficient to continue the parental bond?
3. How far will the child and left-behind parent have to travel to maintain their relationship?
4. How much will it cost for the left-behind parent to travel to visit the child and who will pay the expenses?
5. Will the change in the child’s permanent residence impact on the involvement of extended family in the child’s life, such as maternal and paternal grandparents, aunts, uncles and cousins?
6. Will the move enhance the child and moving parent’s quality of life in regards to better opportunities for financial security?
7. Is the motive for the move an attempt to minimize parenting time to the other parent?

Ms. Berry’s rationale for the move is that she did not want her daughter growing up around paparazzi and the tabloids, arguing that she could provide more privacy, and a greater sense of security for her daughter in France, where coincidentally, her latest boyfriend lives.

Ms. Berry must have forgotten that Princess Diana’s death was attributed to overzealous paparazzi in Paris and that Kate Middleton’s recent nude photos were taken in France, by a local celebrity photographer. I’m sure Mr. Aubry’s lawyer remembered.

Lawdiva aka Georgialee Lang

Getting Divorced? See a Movie!

Today’s post looks at the lighter side of divorce and separation with a review of my top three “divorce” movies. And the winners are….

1. The War of the Roses

Who can forget the outrageous antics of Michael Douglas and Kathleen Turner as the warring Roses, in this black comedy directed by Danny De Vito, who also plays a divorce lawyer in the film.

The Roses are a wealthy, sophisticated couple who despite appearances, hate one another. After Mrs. Rose asks for a divorce she advises her husband she will never leave her home and refuses to acknowledge that he has an equal interest in it.

With each refusing to move out, the couple live together in a state of unarmed warfare. To spite each other, they destroy most of the home furnishings and smash Royal Doulton china and Waterford crystal against the walls.

When Mr. Rose “accidently” runs over his wife’s cat, she retaliates by nailing the door of the sauna shut while he is in it. He nearly succumbs to heat stroke and dehydration.

As matters escalate, Mrs. Rose rigs their large hallway chandelier, hoping that it will fall on her husband, thus eliminating her problem. There is a surprise ending that I will not give away.

This 1989 film grossed $150 million at the box office and won three Golden Globes: Best Actor, Best Actress and Best Movie.

2. The First Wive’s Club

This 1996 comedy features Diane Keaton, Goldie Hawn and Bette Midler as three middle-aged wives who are dumped by their husbands in favour of younger women.

The three form a club vowing to wreak havoc in their ex-husbands’ lives and exact revenge. Goldie Hawn plays an aging actress who is a plastic surgery addict; Diane Keaton is an anxious neurotic with a lesbian daughter; and Bette Midler is a capable Jewish wife who sacrificed herself for her husband’s successful business.

The film has a great soundtrack including Dionne Warwick’s “Wives and Lovers”, Janis Joplin’s “Piece of My Heart”, Gloria Gaynor’s “I Will Survive”, and Lesley Gore’s “You Don’t Own Me “.

Who can forget Ivana Trump’s cameo line “Don’t get mad, get everything!”

The film was a winner at the box office and helped revive the careers of its
three leading ladies. It was based on the novel of the same name written by Olivia Goldsmith, who died several years later during a facelift procedure.

3. Mrs. Doubtfire

Robin Williams plays a father, Daniel, with a lagging acting career, who loses his job, his marriage and his three kids. His wife, played by Sally Field, has a new boyfriend (Pierce Brosnan) and sole custody of the children. Daniel is given access to his children once a week on Saturday nights.

Desperate to see his kids, he notices that his wife is advertising for a nanny. With the help of his brother who is a film makeup professional, Daniel transforms into British nanny Mrs. Doubtfire.

The film is hilarious. Eventually the two oldest children realize Mrs. Doubtfire is their father and go along with the scam.

The “happy ending” includes Daniel on his own children’s television show playing Mrs. Doubtfire and his wife’s recognition that he is really a great dad.

The film was the second highest grossing film of 1993 only outstripped by Jurassic Park. It won an Oscar for Best Makeup and Golden Globes for Best Actor and Best Picture.

What are your favourites?

Lawdiva aka Georgialee Lang

Top TV Lawyers

There is no question that we love TV shows that tell stories about crime, courts and lawyers. In every decade over the past fifty years, shows that featured lawyers have rated high in the Nielsen rankings.

Here’s a few of my old favorites:

1. PERRY MASON

From 1957 to 1966 Perry Mason represented the ideals of the consummate barrister. He was whip smart, but never cocky, calm and deliberate, kind and gracious and ever the perfect gentleman. He also never lost a case because when it came down to the wire, a witness walked into the court room who revealed a spectacular truth that completely exonerated his client and often identified the real criminal. Even today, those startling court scenes as portrayed in the show are called “Perry Mason moments” and of course, they never happen in real life.

2. RUMPOLE OF THE BAILEY

This show ran on the BBC from 1978 to 1992. Rumpole was an aging barrister who took almost every case that came his way, very often representing ne’er-do -wells who were as guilty as sin. His motto was that every person deserved a defence; he rarely plead a client guilty and he never submitted to a plea deal.

Rumpole referred to himself as “an old Bailey hack” referring to the venerable criminal court in London England. While his family tried to persuade him that at his age he should move on to more dignified work such as a Queen’s Counsel or Circuit Judge, Rumpole referred to those people as “Queer Customers” and “Circus Judges”.

Rumpole was a crusty barrister with a fondness for cigars and more often than not arrived in court with cigar ash trailing down his court gown with his barrister’s wig askew.

A charming part of the story line was Rumpole’s wife who was a lot smarter than he was. Rumpole referred to her as “She Who Must Be Obeyed”. A classic British television series written by John Mortimer, an English lawyer.

3. THE DEFENDERS

This American courtroom drama aired between 1961 and 1965. Actors E.G. Marshall and Robert Reed played a father and son defence team. Unlike Perry Mason and Rumpole, these lawyers did not win all their cases as they tackled social issues such as neo-Nazi’s, conscientious objectors, pornography, atheism, mercy killing, the Hollywood Black List, and capital punishment, to name a few.

A 1962 episode centered on The Defenders defence of an abortionist. Three of the show’s premier sponsors refused to run their commercials during this episode. The show won thirteen Emmy Awards including three in a row for “Outstanding Drama Series”.

Tell me, who are your favorite TV lawyers?

Lawdiva aka Georgialee Lang

Halle Berry’s Custody Tactics Bring Out Her Dark Side

If ever there was a primer on how parents should not deal with child custody, Halle Berry and her former common-law spouse, Gabriel Aubry, are in the running for first prize, albeit Aubry appears to be a coerced participant in the fight over their four-year-old daughter, Nahla Ariela Aubry.

The obvious question is how can a woman who is so beautiful on the outside, be so scheming and vindictive on the inside? Yes, Halle Berry fans…that’s how it appears to me, and I bet she is just livid that she agreed to use Aubry’s surname for her daughter when they were still in the throes of love.

Halle Berry’s litigation tactics are “classic” in high-conflict custody cases, and that’s part of
her problem. Most judges have not just fallen off the turnip truck, they have seen it all.

At the time of their uncoupling Halle raved that Aubry was as an “amazing” father and the three of them “were going to be together forever”. But since she connected with serial philanderer and sometime actor Olivier Martinez she’s abandoned her earlier sentiment. Or was it Aubry’s short fling with Kim Kardashian that changed her mind?

For someone who says she only wants to protect her daughter, she has an odd way of going about it. She has desperately tried to remove Aubry from Nahla’s life, with little success. She resisted paying him reasonable child support, even though they share custody. In a drawn out court battle, Ms. Berry was ordered to pay Aubry $20,000 per month.

She must have felt happily triumphant when Nahla’s nanny accused Mr. Aubry of pushing her while she held Nahla. Aubry was relegated to supervised access and no overnight parenting time for a while, but after a thorough child protection investigation by California authorities, he was completely cleared.

Her latest ploy is to convince the Court that it is in Nahla’s best interests to move with her to France with her fiance, Olivier Martinez. Her reasons? She says she is being stalked in California. I guess she was really p-o’d when she recently learned that mental patient Robert Dewey Hoskins, who also harassed Madonna, was arrested and recommitted to a locked psychiatric facility.

She is also urging the Court to favourably consider her pending nuptials with Martinez and the new family she has created. As far as any stability as a result of her relationship with Martinez, I am very skeptical.

If Berry actually marries Martinez, it will be her third marriage. Mr. Martinez has never been married and no wonder….His flings usually are of short duration, from one-night hook-ups to four years. He has bedded model Rosie Huntington Whitley, singer Kylie Minogue, model Sara Givati, actress Michelle Rodriguez, actress Mira Sorvino, actress Juliet Binoche and actress Goya Toledo.

But what is going to really sink Halle’s ship is the expert report before the Court that warns the judge that separating Nahla from her very-involved father will be detrimental to her well-being.

I still don’t get it…when will mothers learn they don’t “own” their children?

Lawdiva aka Georgialee Lang