Constructive Res Judicata poses challenges in family law cases, particularly in custody, property division, or divorce, as it can prevent revisiting issues even if circumstances change, such as a child’s evolving needs or a significant change in financial status. For example, if a parent fails to raise concerns in a previous custody hearing, they may be barred from raising them later, even if new facts emerge. Similarly, in property division, a spouse may be prevented from seeking a fair division if certain assets or liabilities weren’t disclosed in the initial proceedings. To manage these challenges, a lawyer must assess whether the issue could have been raised earlier and whether new evidence or circumstances justify reopening the case. Arguing for modifications based on changing conditions can help address evolving family dynamics, ensuring fairness despite the limitations imposed by Constructive Res Judicata.
