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Legal Ethics Keyed to Rhode, 8th Ed.
Bersani v. Bersani
Citation:
565 A.2d 1368 (1989)Facts
Amparo Bersani initiated divorce proceedings against her husband Michael Bersani in October 1988. The court initially granted her temporary custody of their two minor children with visitation rights to the father. In March 1989, the court approved an agreement requiring Mrs. Bersani to provide 30 days’ written notice before leaving the country with the children. After the court denied her motion to return to Spain with the children, Mrs. Bersani disappeared with the children in violation of the court order. When Mr. Bersani sought information about their whereabouts from Mrs. Bersani’s attorney, the attorney refused to disclose this information, claiming attorney-client privilege. The court subsequently found Mrs. Bersani in willful contempt, awarded temporary custody to Mr. Bersani, and later granted him permanent custody when finalizing the divorce. Mr. Bersani then filed a motion to compel the attorney to reveal Mrs. Bersani’s location.
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